Terms & Conditions

Terms & Conditions

TERMS OF SERVICE

We bring to you a digital health and fitness subscription service that combines one-on-one mobile personal coaching and fitness tracking technology to help you shift to a healthier lifestyle and reach your goals. While fitness trackers and apps are useful tools, they are missing the elements of on-going engagement, motivation and accountability. Ourheartcare solves this, by connecting your activity tracker or smart watch to a professional health and fitness coach of your choice via the Ourheartcare.com” (available on iOS and Android platforms) and a wearable Ourheartcare fitness band (“Ourheartcare”). You can read more about Ourheartcare and our product on the website “Ourheartcare.com” (together with the Ourheartcare App is hereby referred to as the "Platform"). For ease of reading and clarity, the Platform, the Ourheartcare App and the Ourheartcare Tracker are collectively referred to as the "Services".

These Terms of Service along with the Privacy Policy ("Terms") govern your access to and use of the Services, so please read them carefully before using the Services. By accessing and using any of the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use any of the Services.

As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. The last date these Terms was revised is written at the end of this page. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimers of Ourheartcare, constitute a valid and binding agreement between you and Ourheartcare.

YOUR USE OF SERVICES

You must be 18 years of age to access and use the Services and should be able to contract as per the laws of your jurisdiction. You may use the Services only in compliance with these Terms and all laws applicable to you and your access and use of the Services.

In order to register an account and access or use the Services, you may be required to provide certain information such as your full name, email address, password, gender, profile picture, contact details, address, date of birth, height, weight, dietary information, fitness and exercise details, medical history and conditions and medication details. You are responsible for maintaining the accuracy and completeness of this information provided.

You may register for use of the Services through your existing email accounts (such as Gmail, Hotmail etc.) Your email address will constitute your username for your account. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Ourheartcare immediately of any unauthorized use of your account or any other breach of security.

WE DO NOT PROVIDE MEDICAL ADVICE

Ourheartcare DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION. The Services provided by Ourheartcare, including information provided through personalized coaching services, does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by Ourheartcare.

You should consult with your physician before making any changes to your diet or exercise program, including making any changes suggested through any of the Ourheartcare Services. By using the Services, you represent that you have received consent from your physician to participate in the programs, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of accessing or using the Services, or from training programs, nutrition changes, products, or relationships with our Eco-System partners (who are third parties we sign up with to track your health records and data such as Thyrocare Technologies Ltd. and Max Hospitals at present) that you learn about through the Services. If you make any lifestyle changes based on information you receive through the Service, you agree that you do so at your own risk and Ourheartcare will in no manner be liable for any harm of injury, whether bodily or otherwise that may occur as a result of such lifestyle changes.

Ourheartcare DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COACH OR ECO-SYSTEM PARTNER. Ourheartcare DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ECO-SYSTEM PARTNER OR ANY ADVICE PROVIDED. Ourheartcare WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH OR ECO-SYSTEM PARTNER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF Ourheartcare FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.

MODIFICATIONS TO SERVICES AND DATA

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as Ourheartcare has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.

USER CONTENT

You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("User Content") that you upload, transmit, post, publish or display ("Post") on the Platform or email or otherwise transmit or use via the Services, including content posted through use of the Ourheartcare Tracker. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyze any data or information resulting from use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of Ourheartcare, restricts or inhibits any other person from using or enjoying the Services, or which may expose Ourheartcare or its users to any harm or liability of any type. You acknowledge that Ourheartcare has the right to remove such User Content, at its sole discretion and without prior notice to you.

You will not use the Services in any way that is unlawful or harms Ourheartcare, its directors, employees, affiliates, distributors, partners, service providers and/or any other user of the Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of the Services.

Ourheartcare exempts itself from all and any liability arising out of the User Content on the Platform or via the Services that violates any applicable laws, or the rights of any third party.

We welcome your comments, questions, suggestions and feedback about the Platform or the Services ("Submissions"). But be aware that any comments or suggestions you make to Ourheartcare are non-confidential and become the property of Ourheartcare, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You agree that you are the owner of the copyright in the User Content that you post on the Platform and transmit via the Services. You agree to grant Ourheartcare a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.

You agree that Ourheartcare has the authority and sole discretion to remove or take-down User Content that you post on the Platform.

SERVICES CONTENT

The Services may contain content and information such as data, text, audio, video, images ("Services Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by Ourheartcare. A worldwide royalty-free license is granted to you by Ourheartcare to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the license granted to you by Ourheartcare under these Terms. The technology and software underlying the Services is the property of Ourheartcare, our affiliates and our partners (the "Software"). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by Ourheartcare in the Platform and Services, including copyright in such works, belongs exclusively to Ourheartcare. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by Ourheartcare to you in respect to such works.

THIRD PARTY CONTENT

The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Ourheartcare has no control over such sites and resources and Ourheartcare is not responsible for and does not endorse such sites and resources. Ourheartcare will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Your use of the third party resources, including third party websites, is subject to the terms of use of the respective third party and Ourheartcare is not responsible for your use of any third party resources.

Ourheartcare does not endorse and will not be liable for any content posted by third parties. You must evaluate the accuracy and usefulness of such third party content. Ourheartcare does not pre-screen content, but Ourheartcare and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Ourheartcare to be unlawful and / or inappropriate. Your use of such third party content is subject to the terms of use of the respective third party and Ourheartcare is not responsible for your use of such third party content.

THIRD PARTY SERVICES

The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third party products / services, and / or (ii) bundled with certain third party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and Ourheartcare will in no manner be liable to any losses you may incur as a result of you using such third party products or services. Their Terms will not apply to your use of such third party products / services.

INTERMEDIARY

In respect of the User Content and Third Party Content uploaded / transmitted via the Services, Ourheartcare is a publisher of such information posted by you and would be an ‘intermediary’ as per the Information Technology Act, 2000 and the rules framed there under. Being an intermediary, Ourheartcare has no liability in respect to any User Content and Third Party Content on the Platform and is not legally obligated to you or any third party to delete or take-down such User Content and Third Party Content unless in accordance with an order passed by a court or a notification passed by a government agency.

REPEAT INFRINGER POLICY

Ourheartcare has adopted a policy of terminating, in appropriate circumstances and at Ourheartcare's sole discretion, members who are deemed to be repeat infringers. Ourheartcare may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.

DOCTOR POLICY

Ourheartcare Service connects you with Ourheartcare Doctors (General Practitioners) to help and advise you on all routine medical and lifestyle challenges. Ourheartcare Health Service is not for medical care. On the Ourheartcare , no formal medical diagnosis, treatment, or prescriptions will be provided.

ALL INFORMATION PROVIDED ON Ourheartcare HEALTH SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Ourheartcare HEALTH SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Ourheartcare IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, Ourheartcare HEALTH SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY Ourheartcare HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.

Ourheartcare and any advice given to you by Ourheartcare is intended for use only by individuals, healthy enough to perform exercise. While our Ourheartcare Doctors’ & health recommendations consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises should not be misconstrued as medical advice, prescriptions, or diagnoses. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Ourheartcare is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of Ourheartcare or your coach’s or Ourheartcare Health Service advice. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If you are above 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more of the following conditions, you are required to seek approval from a qualified healthcare practitioner prior to using Ourheartcare or acting on your coach’s advice: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to the Services, your coach or our health services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions

WHAT WE DO AND WHAT WE DON'T DO (Ourheartcare): WE DON'T PRACTICE MEDICINE (Ourheartcare)

The use of Ourheartcare is for general informational and educational purposes only and is not for professional medical advice. No prescriptions will be given on the Service. You agree and understand that using Ourheartcare cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.

WE CANNOT BE SUBSTITUTED FOR YOUR PRIMARY CARE PHYSICIAN (Ourheartcare)

Ourheartcare Doctor on Ourheartcare are not "your" doctor, physician, or healthcare provider. When you participate in a Consult on Ourheartcare, you understand and agree that Ourheartcare Doctors on Ourheartcare are not your Primary Care Physician and you agree not to use Ourheartcare as a substitute for interactions with your Primary Care Physician. Ourheartcare contains Content that may help you identify services or may offer services. Everything on Ourheartcare, including Content accessed or Services provided through Ourheartcare, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

WE DON'T PROVIDE PERSONAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS (Ourheartcare)

Interactions on Ourheartcare do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use Ourheartcare to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.

WE SUPPORT YOUR HEALTH DECISIONS (Ourheartcare)

Ourheartcare is structured to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in connection with the advice you receive from your own doctor. Always use common sense when making decisions relating to your health. Ourheartcare cannot make decisions for you.

WE OFFER A ONE TIME DOCTOR CONSULT, NOT A CONTINUED INTERACTION (Ourheartcare)

The use of Ourheartcare is not a continued interaction. A doctor- patient relationship is not formed between You and Us, or between You and other Users at any point, during your use of Ourheartcare.

WE'RE NOT FOR USE IN EMERGENCIES

Never use Ourheartcare in a potential or actual medical emergency.

WE NEED COMPLETE INFORMATION

Ourheartcare can only advise you based on what you've described. Please ensure that you share accurate and complete information.

OURHEARTCARE HEALTH LOCKER

Your medical records includes your consultation with Ourheartcare, your medical documents, Health Risk Assessment (HRA) Reports. You agree to the entry of your health records into the Ourheartcare database. Your health records would be shared with Ourheartcare including your Ourheartcare Coach and Ourheartcare Doctor, or based on your choice kept private. You understand that all reasonable measures have been taken to safeguard your health information, but no computer or phone system is totally secure. Ourheartcare recognizes your privacy and in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law.

QUALITY ASSURANCE

You understand that information collected through your use of the Services may be reviewed under a Ourheartcare quality assurance program. The records of the Ourheartcare Quality Assurance Team is subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.

We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet

INDEMNITY

You agree to defend, indemnify and hold harmless Ourheartcare (including its affiliates, its directors, employees and officers) from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys' fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to violation of these Terms of use of the Platform and / or Services.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTHING ON THE SITE OR SERVICES SHOULD BE TAKEN TO CONSTITUTE MEDICAL ADVICE OR A FORMAL RECOMMENDATION AND WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES AND SERVICES CONTENT.

OURHEARTCARE DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE SITE, SERVICES AND SERVICES CONTENT; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS OR OTHER SOURCES PROVIDED ON THE SITE OR VIA THE SERVICES; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH SUCH SITE, LINKS OR PRODUCTS OR SERVICES.

OURHEARTCARE MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SITE AND SERVICES WILL BE CORRECTED.

OURHEARTCARE ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH YOU MAY POST ON THE SITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.

YOU AGREE THAT ANY CONTENT ACCESSED / DOWNLOADED FROM THE SITE WOULD BE AT YOUR SOLE DISCRETION AND YOU WOULD BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER RESOURCE OR FOR ANY LOSS OF YOUR DATA RESULTING FROM YOU ACCESSING / DOWNLOADING SUCH CONTENT.

YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR OURHEARTCARE TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. OURHEARTCARE IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE SITE, NOR FOR THE CONSEQUENCES OF YOU READING SUCH USER CONTENT. YOU AGREE THAT YOU ARE WHOLLY RESPONSIBLE FOR THE USER CONTENT THAT YOU POST ON THE SITE.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

LIMITATION OF LIABILITY

NEITHER OURHEARTCARE NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE SERVICES. NEITHER OURHEARTCARE NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT THE SERVICES CONTENT OR YOUR PERSONALIZATION SETTINGS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OURHEARTCARE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OURHEARTCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES OR THE SITE OR SERVICES CONTENT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; CONTENT OR INFORMATION YOU MAY ACCESS AND USE (d) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE SITE OR VIA THE SERVICES.. OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL OURHEARTCARE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

SUSPENSION / TERMINATION OF YOUR ACCOUNT

You agree that Ourheartcare, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Ourheartcare will not be liable to you or any third-party for any termination of your access to the Services. You cannot suspend or hibernate your service once you have commenced it.

Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Platform, Services or Services Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform and Services. Ourheartcare shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension. A single player having multiple accounts isn't permissible. One of the accounts would be terminated without any prior intimation.

MISCELLANEOUS

The Terms (including Privacy Policy) constitute the entire agreement between you and Ourheartcare and govern your use of the Services, superseding any prior agreements between you and Ourheartcare with respect to the Services. You also may be subject to additional terms and conditions that will apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of India without regard to its conflict of law provisions. You and Ourheartcare agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai, India. The failure of Ourheartcare to enforce any provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

YOUR PRIVACY

Ourheartcare may collect personal data (as specified in the Privacy Policy) from you in connection with your access and use of the Platform and /or Services and may be shared with and / or disclosed to third parties. At Ourheartcare, we respect the privacy of our users and have outlined our collection, storage, use and disclosure of your personal data and registration data in our Privacy Policy. Your acceptance of these Terms, and use of the Platform and / or the Services shall be deemed to constitute your acceptance of the terms of the Privacy Policy.

WARRANTY

Ourheartcare Tracker (Device) is completely covered for all manufacturing defects for the duration of your subscription plan or 1 year whichever ends earlier.

To avail the warranty, you would have to raise a support ticket via the Ourheartcare APP.

You will have to courier the Ourheartcare Device without the strap to the Ourheartcare office.

On receipt of the same, Ourheartcare will send you a new Device.

Kindly Note:

Warranty would not be applicable in case you lose your Tracker or damage it.

Warranty would not be applicable on the Ourheartcare strap.

Warranty would only be applicable for continuous subscription without any gaps i.e. The benefit of warranty cannot be availed if your original subscription has expired & you RENEW it post expiry.

Ourheartcare Activation codes can only be used for a new account activation and are valid for activation for a period of maximum 90 days from the date of purchase.

TRANSFER OF SUBSCRIPTION

Ourheartcare Services is highly personalized to suit your health and fitness needs. However, if you wish to transfer this to a friend or family, a transfer fee of Rs. 999/- needs to be paid in order to continue using Ourheartcare coaching service.

END OF SUBSCRIPTION

At the end of your subscribed plan, you need to renew your coaching services.

If you don’t renew your subscriptions you don’t have return your Ourheartcare band. You can continue to use your Ourheartcare band and Ourheartcare application, with no additional charges but only the coach services with discontinue.

RENEWALS

Please write to us [email protected] more information.

CANCELLATION AND RETURN POLICY

You can return your Ourheartcare to the Company within a week (07) days of delivery by placing a "Cancel Order" request by phone call with the Company’s Customer Care Centre by phone on 18003130390 or via email to [email protected] Returns will only be accepted for unused product(s) and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of ‘Cancel Order’ request. Products must be returned in brand new and unopened condition with all the original packing, tags, inbox literature, scratch card, freebies and accessories.

It is advised that the return packets should be strongly and adequately packaged so that there is no damage of products during transit. The returned products are subject to verification and checks by Ourheartcare in order to determine the legitimacy of the complaint / return.

All eligible refunds against Cancellation or Returns of Orders will be subject to deduction of 2.5% Transaction Fee of the Product Price paid, to cover Banking, Transaction charges and Surcharges. Additionally, Ourheartcare will deduct Rs. 100/- to cover Shipping and Handling Charges and the balance would be refunded to you. By requesting a refund, the company is given to understand that you agree to the charges and terms set forth herewith.

All refunds will be completed within 7-21 working days via a reversal or payment to your account or via cheque, depending on the current circumstances as determined by Ourheartcare.

The cost for returning the package must be borne by you.

Please note: Your Ourheartcare is a Subscription service & can only be transferred. You cannot cancel your subscription mid-term. Hence, pro-rata refunds are not possible.

ADVERTISEMENT

Ourheartcare shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform and via the Services.

SEVERABILITY

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

ASSIGNMENT

You may not assign or sub-license, without the prior written consent of Ourheartcare, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity. Ourheartcare Technologies Private Limited may assign or sub-license any of its rights, duties or obligations under these Terms, in whole or in part, to any of its affiliates, without your prior consent.

CONFLICT

In the event, there is any conflict between the terms set out in these Terms, the Privacy Policy, and any other policies and disclaimers applicable to specific pages of the Platform or all or part of the Services, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms, (iii) any other policies applicable to specific pages of the Platform.

COMPLAINTS / GRIEVANCES

If you have any complaints or grievances in respect to the Platform, Services and / or Platform Content, kindly email us at [email protected]

If you have any questions or concerns regarding the Terms, please contact us at [email protected]