Terms of service

Terms of Sale and Service

 

Last updated Nov 21, 2023

 

These Terms of Use serve as the legal framework defining the rights and obligations for users engaging with the NowZone Device and App. Hum Aspen Wellness Pvt. Ltd., operating under the name NowZone (referred to as "We," "Us," "Our," or "NowZone"), owns the App and Devices. The collective reference to the Application, Devices, and any associated services provided by us is denoted as the 'Services' throughout these Terms.

Through our Wearable Device and access to Our App ('Application'), downloadable onto mobile devices, the following functionalities are enabled:

The Devices are capable of recording and autonomously transmitting state-of-mind data, including breath rate or respiration rate, as well as activity data to the App. Moreover, they can discern stress patterns from your body, prompting notifications on the App.

It is important to clarify that NowZone explicitly does not offer any healthcare services. Hum Aspen Wellness is not engaged in medical service provision or emergency response.

 

"IT IS STRONGLY ADVISED THAT YOU METICULOUSLY EXAMINE THESE TERMS AND OUR PRIVACY POLICY. THESE DOCUMENTS OUTLINE THE LAWFUL ENTITLEMENTS AND DUTIES REGARDING THE USAGE OF THE APPLICATION AND THE DEVICE. YOUR ACCESS TO THE SERVICE CONSTITUTES YOUR EXPLICIT ACCEPTANCE AND CONTRACTUAL COMMITMENT TO COMPLY WITH THESE TERMS, INCLUSIVE OF THE ARBITRATION CLAUSE, AND ADHERENCE TO OUR PRIVACY POLICY."

 

Non-Provision of Medical Advice.

The product & services provided are not intended or suitable for managing serious, emergency, or life-threatening medical conditions and should not be employed in such situations. It is recommended to seek guidance from your healthcare providers for diagnosis and treatment of your conditions.

 

In utilizing NowZone’s Product, and by accessing the Service, you assert and guarantee the following:

(A) The information provided during registration is true, precise, up-to-date, and comprehensive.

(B) You are of at least 18 years of age.

(C) You commit to maintaining the accuracy of your registration information by promptly updating it.

 

Refrain from engaging in any activities prohibited by law while using the product & services. Acknowledge that your utilization of the product & services may necessitate the transmission of substantial data. You bear responsibility for any data charges imposed by your internet service provider or arising from your utilization of the services.

Modification of Terms and Conditions.

NowZone reserves the right to alter, discontinue, or terminate the Services, or modify these Terms at its discretion, without prior notice to You. In the event of modifications to these Terms, we will publish the revisions on our website or communicate them to You via the email address provided during Your account registration. Your continued use of the Product & Services after our notification of changes signifies Your acceptance and agreement to be bound by the revised Terms. If the amended Terms are unacceptable to You, it is advised to immediately cease using the Services.

Privacy.

NowZone values the information entrusted by You. Kindly refer to our Privacy Policy for comprehensive details regarding the collection and management of Your personal information. Your access or utilization of our Product & Services acknowledges and constitutes Your agreement to the terms delineated in the Privacy Policy. It is affirmed that the Privacy Policy is an integral part of these Terms.

 

Intellectual Property Rights & Ownership of Product and Services

The Product & Services, inclusive of their complete contents, features, and functionalities (comprising, but not limited to, all information, text, displays, images, videos, audio, and their arrangement) are either owned or licensed by Hum Aspen Wellness Pvt. Ltd. These elements are safeguarded by copyright, trademark, patent, trade secret, and other intellectual or proprietary rights laws.

NowZone and its licensors retain all rights, title, and interest in and to the Service, encompassing all intellectual property rights. You are committed to adhering to all copyright notifications, trademark regulations, information, and limitations stipulated within the Services. You are expressly prohibited from utilizing, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or otherwise exploiting the Services and any included content, except as explicitly authorized by these Terms. Such authorization must be obtained,

 (i) with the prior written consent of Hum Aspen Wellness Pvt. Ltd. or      

(ii) in a manner that does not infringe upon the rights of others.

 

Grant of Services and Restrictions on Use

NowZone hereby grants You, for Your personal use exclusively, a non-exclusive, non-transferable, limited, and revocable access and use of the Service throughout the term of this Agreement, provided You adhere to these Terms. You expressly agree not to employ the Service for any other purposes, including commercial objectives, such as co-branding, framing, linking, or reselling any segment of the Service, unless expressly permitted in writing by us. Furthermore, You are prohibited from using the NowZone name, trademarks, service marks, or logos, as well as those of any third parties featured on the Services, in any form of advertising, publicity, or indication of sponsorship or affiliation with any product or service, without the explicit written consent of Hum Aspen Wellness Pvt Ltd. or the respective third party.

Ownership and Licensing of User Content

You retain ownership rights to Your Personal Information and any other content posted on or through the Services. For NowZone to furnish You with the Services, You grant NowZone a perpetual, non-exclusive, fully paid, royalty-free, transferable, sublicensable, worldwide license to utilize Your content, inclusive of any Feedback provided (as defined below), exclusively for the provision of the Services. Additionally, You consent to NowZone's right to de-identify and anonymize Your content, including, but not limited to, your personal health information, and to utilize or disclose such de-identified information for Hum Aspen Wellness's management, operational, or administrative purposes related to its business and the Services, as detailed further in the Privacy Policy."

(Note: 'Feedback' may refer to any suggestions, ideas, or input provided by users regarding the Services.)

 

Internet Services Disclaimer

Apart from the Devices provided for connecting with the App, you are accountable for procuring internet services necessary to enable the Application's connectivity with the Devices and the transmission of Your information to the App. Utilizing open networks, like the Internet, entails inherent security and access risks, which You explicitly acknowledge and assume. You bear responsibility for the data security of the systems used to access the Service and the transmission and reception of information through those systems. We disclaim responsibility for any errors or issues resulting from Internet malfunctions or failures within Your system.

 

Prohibited Uses:

  • Utilize the Product and related Services in compliance with international, state, and local laws, refraining from posting or transmitting content that may lead to civil or criminal liability or contravene any law.
  • Prohibited actions while using the Services include:

Posting content infringing upon trademark, copyright, privacy, confidentiality, intellectual property, or proprietary rights.

Commercial exploitation, modification, reverse engineering, or distribution of Services or associated content.

Building similar competitive services or applications using Service access.

Transmitting objectionable, harmful, or false content, or software intending harm to the Device or Application.

Distributing content without legal rights, false registration, or violating laws or rights.

  • Hum Aspen Wellness Pvt. Ltd. reserves the right to investigate and prosecute violations. NowZone may involve law enforcement to prosecute violators. While not obligated, NowZone may monitor and ensure compliance with Terms, Privacy Policy, or legal requirements. Additionally, NowZone retains the right to remove materials violating Terms or Privacy Policy or suspend or terminate Services without prior notice. We hold no liability for unavailability of Services for any duration.

 

Third-Party Sites:

  1. The Services may display Third Party Content, including links to external websites or resources, not under NowZone's control.
  2. NowZone neither endorses nor assumes responsibility for the accuracy, availability, or reliability of Third-Party Content.
  3. Any concerns regarding Third-Party Content should be directed to the respective third party. NowZone disclaims liability for any losses or damages resulting from reliance on or use of Third-Party Content or goods/services from referenced third parties.
  4. Information on the Services should not be considered as recommendations or warranties for third-party products/services. NowZone does not provide, sell, license, or lease any Third-Party Content unless specifically identified under the Terms of Use.

 

Warranty Disclaimers:

  1. The services are provided 'as is,' without any warranties, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
  2. NowZone does not guarantee uninterrupted, secure, or error-free services, materials, or accuracy of content obtained through the services.
  3. NowZone disclaims responsibility for third-party services, products, or content linked to the services or actions of third parties or users.

 

Limitation of Liability:

  1. NowZone and involved entities will not be liable for any incidental, special, exemplary, or consequential damages, including lost profits, arising from the use or inability to use the services or materials.
  2. Accessing and using the services are at your discretion and risk.
  3. NowZone's liability is limited where applicable by law and shall not exceed an INR 5000/-only.
  4. Claims related to service usage must be made within one year.

 

Indemnification:

You agree to indemnify, defend, and hold harmless NowZone, its clients, suppliers, affiliates, employees, officers, directors, agents, servants, and representatives from any liability, loss, claim, suit, damage, or expense (including reasonable attorneys' fees and expenses). This indemnification is connected to your access to or use of the Services or NowZone's materials, violation of these Terms, or negligent or wrongful conduct by You or anyone accessing the Services or NowZone materials through Your account.

 

Governing Law and Dispute Resolution:

These Terms are governed by Nagpur courts', laws. Any dispute arising from these Terms shall be resolved through binding arbitration in Nagpur, Maharashtra, India, conducted by a single arbitrator following the rules of the Indian Arbitration Association. The arbitrator may award legal and arbitrator fees, and other costs to the prevailing party. Disputes shall be arbitrated individually and not consolidated with others. By using the Services, you waive the right to trial in any action related to these Terms or the Service. The arbitration proceedings shall remain confidential. The arbitrator's judgment may be enforced in Nagpur, Maharashtra, India courts.

 

Feedback:

We encourage You to provide feedback, comments, or suggestions ("Feedback") for improving the Services. Submit Feedback via email to wecare@nowzonelife.com. Any Feedback provided becomes the intellectual property of NowZone and may be used for lawful purposes without obligation, payment, or restriction.

 

Entire Agreement:

These Terms and any Master Service Agreement constitute the sole agreement between You and NowZone, superseding all prior oral or written agreements regarding the Services. In the case of conflict between these Terms and a signed Master Service Agreement, the Master Service Agreement prevails.

 

Assignment:

You may not assign these Terms without NowZone's prior written consent. NowZone reserves the right to assign these Terms without restriction. These Terms are binding and benefit successors and permitted assigns.

 

General Legal Provisions:

Waiver of rights requires written consent. If any provision is deemed invalid, the remaining terms stay valid. This Agreement doesn't create an agency, partnership, or joint venture. Failure to enforce a provision does not waive the right to enforce it later."

Contact Information:

 

Hum Aspen Wellness Pvt. Ltd.

605/E, Byramji Town, Near Playhouse School,

Next to Pioneer Nursing Home,

Nagpur - 440013, Maharashtra, India.

Email: wecare@nowzonelife.com