USING OUR SERVICES
To enhance your experience while using our Website / Application(s), you must abide policies available to you within the Services. The interface and the instruction provided in the Services should not be impeded using a method other than provided in the Services. The Services are provided under a regulating law and can be suspended or stopped if you do not comply/obey with the list of terms or policies or in the case of any suspected misconduct happens. The right to ownership of any intellectual property in our Services or the content you access is possessed by its owner. Using any content from our Services needs a prior approval from its owner or which are otherwise permitted by law. These terms deny you from using any branding or logo used by our Services. Using our Services doesn’t allow you to remove, obscure or alter any judicial notices displayed in or along with our Services. Our Services are restricted to Biomagnetism, which is the sole responsibility of the entity that makes it available. A proper review of content to validate its legal belonging or policy violation is mandatory, so as to gain confidence which may be removed or refused if found to infringe our policies or the law. In relation to the Services used, we may send you service announcements, administrative messages and other related information for which you may opt out. Certain Services are restricted to mobile devices. Avoid using such Services in a way that distract you from obeying safety or pertaining to laws. Never forget to clean your HTML code and double check your content before publishing an article.
A user needs to have an account for accessing some of our Services. To protect your account and password, confidentiality is required. You are responsible for any activities that happen on or through your account. Avoid using account password on 3rd party applications. In case of any unauthorized use of your account or password, you must contact us.
PRIVACY AND COPYRIGHT PROTECTION
This policy guides our users while explaining process related to personal data therapy and privacy protection at the time our Services are being used. By using our Services, you agree that we can use such data in accordance with our policy. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S Digital Millennium Copyright Act.
YOUR CONTENT IN OUR SERVICES
Some Services offered by us allow you to upload, submit, store, send or receive content. You are entitled to have ownership of any intellectual property rights; in short what belongs to you stays yours. With any activities through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create, derivative works (translation, adaptation, so that content works better with our Services), communicate, publish, publicly perform, publicly display and distribution of such content. The license continues even after you have stop using our Services.
CONDITIONS OF USE
You must be 18 years of age or older to register, or visit or use the Website / Application(s) or use the Services in any manner. By registering, visiting and using the Website / Application(s) or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website / Application(s) and the Services available, and agree to and abide by this Agreement.
NO PRACTITIONER-CLIENT RELATIONSHIP; NOT FOR EMERGENCY USE
Your purchasing and downloading our App or using our web site does not create a practitioner-client relationship. Some of the content, data, text, information, suggestions, images, graphics, videos, guidance, and other material (collectively “information”) that may be available on the Website / Application(s) and in our direct response to your queries may be provided by individuals in the Biomagnetism profession. The provision of such information does not create a licensed Biomagnetism professional-client relationship, between us and you and does not constitute an medical advice, opinion, or diagnosis or therapy of any particular condition, but is only provided to assist you with the appropriate healthcare from a qualified practitioner. It is hereby clarified that the information you obtain or receive from us and our partners, employees, sponsors, contractors, advertisers, or otherwise on Website / Application(s) is for informational purposes only. We make no warranties, guarantees, or representations, whether implied or expressed, with respect to professional qualifications, quality of work, expertise or other information provided on the Website / Application(s). In no event shall we be liable to you or others for any decision made or action taken by you in reliance on such information. Our Services are not intended to be a substitute for getting in touch with the emergency healthcare. If you are an End-user facing any emergency (either on your or an another person’s behalf), please contact a hospital service directly.
TERMS FOR PRACTITIONERS
Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person. The practitioner understands that the information that is disclosed by the client at the time of consultation shall be confidential in nature and subject to client and Practitioner privilege. The Practitioner shall ensure client’s consent is obtained prior to uploading the prescription/health records of the client on the account of the client during such consultation. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered. The Practitioner acknowledges that should we find the Practitioner to be in violation of any of the applicable laws/rules/guidelines/regulations set out by the authorities then we shall be entitled to cancel the registration with Website / Application(s) or take such other legal action as may be required. You as a Practitioner hereby represent and warrant that you will use our Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and we accept no liability for the same. The use of medical terms of art is for practitioner convenience only and is not intended to diagnose, prescribe for, mitigate, treat or cure any disease or medical condition.
TERMS FOR CLIENTS
The User hereby grants consent to us to feature the queries posted by the User on the Website or Application(s) and agrees that any such information provided by the User will be subject to the policy. Our Service is intended for general purposes only and is not meant to be used in emergencies or serious illnesses requiring physical consultation. Further, if any Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation,’ it is the sole responsibility of the client, to book an appointment for physical examination and in-person consultation. In case of any negligence on the part of the client in acting on the same and the condition of the client deteriorates, we shall not be held liable. As a User, you understand that we are not a medical service provider, nor is it involved in providing any healthcare or diagnosis or medical advice, it shall hence not be responsible for any outcome from the consultation between the Practitioner and the User. Beyond Biomag 3D App is a platform being made available to users to assist them in self-healing under the guidance of Practitioners and does not intend to replace the physical consultation with the Practitioner.
Client acknowledges that this web site or the App are not intended to treat, prevent, mitigate or cure any medical or psychological condition, or to support or sustain human life, or to prevent impairment of human health.
FEEDBACK AND REVIEW DISPLAY
All the Critical Content is the content created by the Users of our Website / Application(s) including the customers and end-users. We do not take any responsibility for Critical Content and its role with respect to the Information Technology Act, 2000 (Critical Content is restricted to that of an ‘intermediary’). We reserve the rights to collect feedback and Critical Content for all the Practitioners and End-Users. We shall have no obligation to review, pre-screen, filter, flag, modify, reject or remove any or all Critical Content from any Service, except as required by applicable law. You acknowledge that by using our Services, you may be exposed to Critical Content or other content that you may find objectionable. We as an ‘intermediary,’ take steps as required to comply with applicable law as regards the publication of Critical Content. If we determine that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us and make such declaration on the website alongside your name for the protection of its business and in the interests of Users.
We reserve the rights to display sponsored ads on the Website / Application(s). These ads would be marked as “Sponsored ads.” Without prejudice to the status of other content, we will not be liable for the accuracy of information or the claims made in the Sponsored ads. We do not encourage the Users to visit the Sponsored ads page or to avail any services from them. We will not be liable for the services of the providers of the Sponsored ads.
ABOUT SOFTWARE IN OUR SERVICES
The software may update with its new version or feature when any of our Service requires or includes downloadable software. Some of the Services may allow you to adjust automatic update settings. We give you a personal, worldwide, royalty-free, and non-exclusive license to use the software provided to you by us as a part of the Services. The license is for the sole purpose of enabling you to use and enjoy the benefit of our Services, in the manner permitted by these terms. You may not copy, distribute, sell, modify, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
MODIFYING AND TERMINATING OUR SERVICES
With a vision of having better Services we are constantly changing and improving it. We may add or remove functions or features or even suspend or stop a service altogether. You can stop using our Services at any time, although we will be sorry to see you terminate. We may also stop providing Services to you, or adjust new limits to the services at any time. We respect your data ownership and will take commercially reasonable steps to preserve it. An advance notice with a chance to get information about the services will be provided if we terminate a service (reasonably possible).
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. Other than as clearly mentioned in these terms, neither we nor our partners make any specific promises about the Services. For example, we don’t make any commitment about the content mentioned within the Services, the specific functions of the Services, or their reliability, availability or ability to meet your needs. We provide the Services “as is.” We make no claims regarding the potential benefits of using magnets.
CONSUMER REVIEW DISCLAIMER
We do not [monitor/moderate] or control the content of consumer reviews but reserve the right to remove what are, in our sole opinion, clearly false statements, spam or other injurious materials that are brought to our attention. We do not adopt or endorse any review statement.
NON-MEDICAL DEVICE DISCLAIMER
Not intended to treat disease, support or sustain human life, or to prevent impairment of human health.
LIABILITY FOR OUR SERVICES
In no event, shall we or any of our partners, directors, officers, employees, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, consequential, special, incidental, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the incapability to use, the Website / Application(s) or the content, materials and functions related thereto, the Services, User’s provision of information via the Website / Application(s), lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
1. any content posted, exchanged, received or transmitted by or on behalf of any User or another person on or through the Website / Application(s); or
2. any unauthorized access to or alteration of your data; or
3. any other matter relating to the Website / Application(s) or the Service.
In all cases, we, our partners, our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
ABOUT THESE TERMS
We may modify these terms or add any further terms that apply to the Website / Application(s), for example, reflect changes to the law or changes to our Services. You need to look at these terms regularly. We will post modification notice on the page, and also the modified additional terms in the applicable Website / Application(s). If you do not agree to the modified terms for a service, you should discontinue your use of that Website / Application(s). These terms control the relationship between us and you, and they do not create any 3rd party beneficiary rights. We reserve rights to take actions in the future if you do not comply with these terms.
You and we agree that any judicial proceeding will be governed by the laws of USA. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the determination of the applicability of this Agreement to settle, or your use of the Website / Application(s) or information to which it gives access, shall be determined by arbitration in USA, before a sole arbitrator appointed by us. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be USA. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
PAYMENT AND CANCELLATION POLICY
You have no right to access the App without payment. You may cancel at any time without refund.