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TERMS AND CONDITIONS

Ownership
Bon happetee is a mobile application developed and owned by True Positive Analytics Pvt. Ltd. [TPAPL]. TPAPL owns and possesses all the ownership rights relating to the mobile application.

Use of the App
By using the mobile application, the user(s) warrant and represent to TPAPL that they are legally entitled to do so and to make use of information made available via the application. By using this mobile application, the user/s also agree, accept and confirm the following:

  • The user/s agree that for the purpose of using this mobile application, they may be required to provide current, accurate identification and other information, and the user/s shall be solely responsible and liable for the accuracy, preciseness and completeness of the information provided by the user/s.
  • The user/s understand that this mobile application does not provide medical advice and the user/s of this mobile application are explicitly warned not to use this mobile application and/or construe the data generated by this mobile application, as any kind of medical, health, dietary and/or fitness advice whatsoever. The user/s are recommended to consult a physician and/or a medical health professional before making any changes to their dietary and exercise program, including any changes, which may be suggested by the mobile application.
  • Neither TPAPL, nor its affiliates, agents, service providers shall be responsible for any health problems/complications, arising out of the dietary and/or fitness related suggestions, which may be provided by this mobile application, and the user/s hereby agrees, accepts and confirms that any changes made by the user/s to their dietary and/or fitness programs on the basis of the suggestions/advice of this mobile application, shall be at the user/s’ own risks, costs and consequences.
  • TPAPL does not warrant the authenticity, veracity, accuracy, completeness, safety, legality, quality or applicability of the information/suggestions provided to the user/s by this mobile application, nor will TPAPL be liable for any damages sustained by any user/s, on account of reliance placed by the user/s upon the information/suggestion/advice provided by the mobile application.
Membership Fees and Renewals
Certain features of this mobile application are available only to user/s who have availed a membership, which is subject to payment of the prescribed subscription amount [Paid Membership]. The user/s right to use such features of this mobile application/website is subject to timely and prompt payment of such prescribed subscription fees and the renewal amounts, as the case may be.
  • Payment: The Paid Membership of this mobile application allows users to avail certain additional, exclusive features/services of this mobile application, subject to payment of membership fees, as may be prescribed in that regard.
  • Non-Refundable and Non-Transferable: The amount paid by the user/s towards the Paid Membership of this mobile application is completely non-refundable, and the Paid Membership of the user is non-transferable in nature.
  • End of Subscription and Renewal: The Paid Membership of this mobile application uses an auto-renewal feature as a default setting, whereby the subscription amount for the Paid Membership shall be deductible automatically from the account of the user/s, for further and subsequent renewals; unless the user/s expressly wish to opt-out of the auto-renewal feature by disabling the same.
  • Non-Renewal: Upon the user/s deciding not to continue/renew the Paid Membership of this mobile application, the user’s membership shall stand reverted to the ordinary, non-paid membership and the additional, exclusive features/services of this mobile application attached to the Paid Membership shall no longer be available for usage.
Patents, Trademarks and other Intellectual Property
The patents, trademarks, names, logos and service marks (collectively “trademarks”) used/displayed on this mobile application are registered and unregistered intellectual properties of TPAPL. Nothing contained on this mobile application should be construed as granting any license or right to use any of the intellectual properties, without the prior written permission of TPAPL.

Warranties
TPAPL make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the mobile application and its contents.
Disclaimer of liability
TPAPL shall not in any way be responsible for, and hereby disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the users of this mobile application or any third party as a result of, or which may be attributable, directly or indirectly, to the user accessing and using this mobile application, any information contained herein, the user’s personal information or material and information transmitted over to the mobile application system. In particular, neither TPAPL nor any third party or data or content provider shall be liable in any way to any user or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. TPAPL recommends that the user/s may consult a physician or a medical health professional prior to
Conflict of terms
In case of a conflict or contradiction between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of this mobile application shall prevail in respect of the use of such relevant section or module of the mobile application.
Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, on account of being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only, and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall continue to operate, apply and remain in full force and effect.
Applicable laws (choice of venue and forum)
Use of this mobile application shall in all respects be governed by the laws of the State of Maharashtra, India, regardless of any other laws that might be applicable under principles of conflicts of law. The parties hereby agree that the courts situated at Mumbai, India shall have exclusive jurisdiction over all controversies/disputes/complaints arising under this agreement.
External links
External links may be provided on the mobile application for your convenience, but they are beyond the control of the mobile application owners, and the owners make no representation as to their content. Use of, or reliance on any such external links and the content thereon provided, is solely and entirely at the user’s own risk.
Indemnity
The user/s agree to indemnify and htnc TPAPL and/or its entities, affiliates, agents and service providers harmless from any claim or demand, including legal expenses, made by any third party due to or arising out of or relating to the services provided by this mobile application, including without any limitation, any content posted to or transmitted through this mobile application, or publicly distributed on the web, usage of this mobile application, user/s’ violation of these Terms.
Communications
TPAPL may send the user of this mobile application various communications from time to time, including legal communication, if necessary, promotional information, information relating to various offers, schemes, etc., and the same may be sent to each user either via E mail or Short Messaging Service, or both. The user hereby gives its consent for the same. In case the user wishes to opt out from receiving any communication regarding promotions or schemes offered by the mobile application, the user shall be required to send an Email to support@bonhappetee.com
Public Forums and Information provided by Users
The mobile application has a feature whereby users are allowed to post, submit, upload, display, distribute, etc. their content and/or communicate, share or exchange content with other users of the mobile application. All such information which may be posted/displayed shall be done at the sole risk of each user and TPAPL shall not in any way be held responsible for any damage/loss occurring therefrom.
Limited License
Subject to compliance with these terms and conditions, and subject to prompt and timely payment of subscription/renewal fees [applicable, if any], TPAPL grants to each user a non-exclusive, non-transferable, fully revocable, limited license to access and use the mobile application and the services offered. The user agrees and undertakes that its use of the mobile application shall strictly be on a personal, non commercial basis.
Further, none of the content, data, information, statistics and/or any other services offered by the mobile application shall be reproduced, duplicated, copies, distributed, or in any way exploited by commercial gain, by any user. Violation of this condition shall entitle TPAPL to forthwith terminate the membership/subscription of the user, in addition to any civil/criminal action which may be taken by TPAPL against such user/s.
Restrictions on Use
The user/s of this mobile application acknowledge that the Services content, information, software, photos, video, text, graphics, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information [hereinafter referred to as “the Content”] are the sole and exclusive ownership of TPAPL, which are duly protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Copying, reproduction, use, distribution and advertisement of the same by any user/s shall amount to infringement of the intellectual property of TPAPL and any such erring user/s shall be liable for appropriate legal action, civil as well as criminal, as may be taken by TPAPL, in addition to TPAPL’s right to suspend the use of the services provided by this mobile application, by such erring user/s.
Community Standards and Conduct Guidelines
The user/s hereby agree that he/she/they shall not use the website, mobile application or any part of the services offered for the following:
  • Uploading, posting, emailing or otherwise transmitting any User Content or other materials that:
    • are unlawful, defamatory, vulgar, cause invasion of privacy of any other user/s, as may be deemed in the discretion of TPAPL;
    • contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence of any manner whatsoever;
    • may be considered as junk, spam, contain software bugs, viruses, malware
  • Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
  • Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, sharehtncer, agent or representative of TPAPL or any of its affiliates, business associates, sponsors, etc.;
  • Provide false, misleading or inaccurate information to TPAPL or any other member;
  • Do/cause any act to be done which is in violation of any law governing the user/s usage of this mobile application;
  • Assign, transfer or sublicense his/her/their rights as a registered user of the Services.
The user/s right to avail the services offered by this mobile application depends on the user/s compliance with these terms and conditions, including the community standards and conduct guidelines, stated hereinabove. TPAPL reserves its right revoke the rights of the user/s to use this mobile application and/or part thereof, in addition to taking of any further actions and measuresfor the purpose of enforcing these terms and conditions. TPAPL shall not in any way be held responsible for any violations of these terms and conditions, in any manner whatsoever.
Term and Termination
The user of this mobile application shall always remain bound by these terms and conditions, including any amendments/modifications/variations made thereto, along with the privacy policy governing the usage of this mobile application, and any violation thereof by any user/s shall entitle TPAPL to forthwith suspend/terminate the account of such erring/defaulting user/s, in addition to legal action, civil as well as criminal.

The user/s further agree and accept that TPAPL is entitled to suspend and/or terminate any user/s’ account and remove/delete any of the content/data/information of any user/s, without any prior intimation, for any reason as TPAPL deems fit and proper.

DISCLAIMER

By continuing to browse and use this mobile application, you are agreeing to comply with, and be bound by the following terms and conditions of use, which coupled with our privacy policy, govern this mobile application’s relationship with you in relation to this mobile application.
The term “TPAPL” or ‘bon happetee’ (any alternative names, possible the parent company’s name/ the app developer’s name) refers to the owner of the mobile application whose registered office is at A-503/4 Hiradham Sundervan Complex, Off new link road, Andheri West, Mumbai 400053, India. The term ‘you’ refers to the user or viewer of the mobile application.
The use of this mobile application is subject to the following terms of use:

  • The content of the pages of this mobile application is for your general information and use only, and is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this mobile application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials available on this mobile application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this mobile application meet your specific requirements.
  • This mobile application contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the same is prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this mobile application, which are not the property of, or licensed to the operator, are acknowledged on the mobile application.
  • Unauthorised use of this mobile application may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this mobile application may also include links to other websites/mobile applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/ mobile application(s). We have no responsibility for the content of the linked website(s)/ mobile application(s).
Your use of this mobile application and any dispute arising out of such use of the website is subject to the laws of India, and the courts in Mumbai shall have the exclusive jurisdiction regarding the same.

PRIVACY POLICY

  • Usage of the Mobile Application
    By using/continuing to use this mobile application, the user warrants and represents to TPAPL that he/she agrees to the privacy policy, which governs the usage of this mobile application. In case the user/s do not agree to the terms of this privacy policy, the user/s should not use or access this mobile application and/or the services provided thereunder.
  • Personal Information
    In order to maximize and provide its users an enhanced experience of this mobile application, the user/s are required to provide certain data, including but not limited to, the name, age, gender, height, weight, medical history and medical conditions of each individual user [“personal information”]. TPAPL is committed to protect the privacy of the personal information provided by the user/s, and has ensured a robust mechanism, including softwares, servers, etc., for doing so.
    By providing the personal information, as stated above, the user/s are consenting the use of such personal information by this mobile application, in accordance with this privacy policy.
  • Data collected through usage of the Mobile Application
    During the course of using this mobile application, the user/s are required to provide certain information, which is personally non identifiable in nature. Such information, which is so provided by the user/s, cannot be used to specifically any particular user/s. TPAPL may receive and store such information itself or the same may be stored in databases owned and maintained by TPAPL and/or its affiliates, agents or service providers.
  • Social Media Profiles of User/s
    Apart from the data, which the user may be required to provide for manually, TPAPL uses Facebook Connect and the Google platform as a medium for signing up for its usage.
    However, the manner in which Facebook or Google use, store and disclose your information is governed solely by their respective policies, and TPAPL bears no liability/responsibility for the privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
    In case any additional data is required by TPAPL for its mobile application usage from any intending user, the specific details shall be requested for from the user and the same shall not be obtained/used without the user’s permission/consent.
  • Information provided by User/s
    Various features of this mobile application are interactive in nature, whereby the user/s is/are required to share/publish/make public, the data/information fed into the mobile application. By using the mobile application and/or such interactive features of the mobile application, the user/s agree and give consent to share/publish/make public any such data/information fed into the mobile application by such user/s.
    TPAPL is in no way responsible/liable for any breach of data/identity theft resulting from the user/s use of this mobile application and/or its interactive features.
    TPAPL however hereby warrants that in case of any such data breach or violation of the user/s privacy, TPAPL shall extend necessary co-operation/assistance to the concerned authorities for the purposes of investigating into any such breach/violation.
  • Demographic and Profile Data
    TPAPL may use the personal information to provide the services to be performed by the mobile application bon happetee. However, to the extent TPAPL uses your personal information to market to its users, TPAPL will also provide users the ability to opt-out of such uses. The personal information shall be used by TPAPL to resolve disputes; troubleshoot problems; help/promote a safe service; measure consumer interest in our products and services, inform users about online and offline offers, products, services, and updates; customize user experience; detect and protect TPAPL and the mobile application against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to the user at the time of collection.
    In its efforts to continually improve its products and services, TPAPL collects and analyzes demographic and profile data about the mobile application users’ activity on its mobile application.
    TPAPL may occasionally require its users to fill in online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). The data so collected through surveys is solely to enhance the user experience in the usage of the mobile application, providing the users with content that TPAPL thinks its mobile application users might be interested in, and to display content according to each, individual user preferences. It is however clarified that, filling in of such surveys shall be optional.
  • Usage of Personal and other information/data
    In order to ensure an optimum experience of this mobile application, the mobile application requires the user to provide personal information and health and fitness related data from time to time. This data [personal information] shall be used by the mobile application to analyse the lifestyle habits of the user, including food intake, sleeping patterns, dietary patterns, medical history/information, and exercise habits of each individual user.
    TPAPL has, for the purpose of usage of its mobile application bon happetee, developed an algorithm, for the specific purpose of this mobile application, and the same has been developed by TPAPL in consultation with qualified and certified nutritionists and dieticians. The user data, including the personal information provided by the user/s on the mobile application is analysed by the algorithm, and the results depicted by the algorithm are provided to the user/s, which is based upon the user data as provided by the user/s. TPAPL does in no way htnc any guarantee in relation to the data output provided to the user/s of this mobile application.
  • Nutritionists
    With an aim to provide better and more accurate services, the mobile application allows Dieticians, Nutritionists, Fitness Experts, etc. to use this mobile application and its features for the purpose of interacting with their clients/patients and advising them. While TPAPL warrants that the data provided for by the user/s would be sufficiently protected and safeguarded in accordance with the extant privacy policy of the mobile application, however, by using/continuing to use the mobile application, the user/s agree, accept and permit TPAPL to share the data and information provided by the user/s via with their respective Dieticians, Nutritionists, Fitness Experts, etc., as the case may be.
    Through the mobile application, the user/s also have the option of engaging the services of any Dieticians, Nutritionists, Fitness Experts, etc., who are using the mobile application to interact and advise their existing clientele/patients. TPAPL however, does not make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the accuracy, authenticity, veracity, completeness, safety, legality, quality or applicability of the information/suggestions provided to the user/s by any of the Dieticians, Nutritionists, Fitness Experts, etc., whose services the user/s may agree to engage, TPAPL hereby expressly disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the user/s out of any such advice/suggestions rendered to them by any Dieticians, Nutritionists, Fitness Experts, etc. via this mobile application.
  • Sharing of Personal Information and other user data
    TPAPL may share personal information provided by the users, with other corporate entities and affiliates to: (a.) help detect and prevent identity theft, fraud and other potentially illegal acts; (b.) correlate related or multiple accounts to prevent abuse of our services; and (c.) to facilitate joint or co-branded services that the user may request, where such services are provided by more than one corporate entity. Such entities and affiliates may not market to the users as a result of such sharing unless the user explicitly opts-in.
    TPAPL may also be compelled to disclose personal information, if required to do so by/under any law, or in the good faith and belief that such disclosure is reasonably necessary to respond to court summonses, court orders, or other legal process. TPAPL may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce TPAPL’s Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of the users or the general public.
    TPAPL and its affiliates will share some or all of the users personal information with another business entity should TPAPL (or its assets) plan to merge with, or be acquired by that business entity. Should such a transaction occur, such other business entity (or the new combined entity) will also be required to follow this privacy policy with respect to the user’s personal information.
  • Cookies Policy
    Cookies may be used by the mobile application to identify the user across its various visits to the mobile application and/or the website. By using/continuing to use/access this mobile application/ website, the user/s expressly agree to the cookie policy of TPAPL. TPAPL uses cookies primarily to enable it to tailor its content and services more effectively to meet each user/s needs and requirements and to enhance the users’ experience of the mobile application/website. Usage of this mobile application/website involves the following kinds of cookies:
    • First Party Cookies: These cookies are placed by the mobile application/website that the user visits/accesses and helps remember Login Name, preferred language, location, etc.
    • Third Party Cookies: These cookies are placed by third party websites/applications, with whom TPAPL may have partnered. The placing of such third party cookies shall be governed by the respective privacy policies of such third party service providers, and TPAPL is in no way responsible for any breach, violation occurring therefrom. Disabling Cookies – This mobile application/website is designed to function optimally with the cookies enabled. However, the user/s may choose to disable the cookies from the app settings. However, disabling of cookies may mean that some of the website features become disabled and inaccessible to the user/s.
  • Google Analytics
    This mobile application/website uses various Google Analytics features, such as the following:
    • Google Adwords – TPAPL may avail of this service to advertise the mobile application/website on third party websites (including Google) to previous visitors to the mobile application/website, whether in form of an advertisement on Google search page results, or a site in Google display network. Third party vendors, including Google, use cookies to display ads based on each user/s last visits to the mobile application/website. Any data collected through such process will be used in accordance with this privacy policy and Google’s privacy policy. User/s may choose to opt out of the Google Adwords by clicking on the following link.
    • Google Analytics Demographics and Interests Reporting – TPAPL has also implemented the Google Analytics Demographics and Interests Reporting feature. TPAPL uses the data provided by Google Analytics Demographics and Interests Reporting to develop the mobile application/website and its content based on the user/s interests. User/s may choose to opt out of the Google Analytics Demographics and Interests Reporting by clicking on the following link.
    • Google’s ability to use and share information collected by Google Analytics about your usage of this mobile application/website is controlled/governed by the Google Analytics Terms of Service, which can be read by clicking on this link. To learn more about how Google uses, collects and processes data in connection with Google Analytics, please click on this link.
  • Links to Other Sites/Mobile Applications
    The mobile application bon happetee may link to other websites that may collect personally identifiable information about the users. TPAPL is not responsible for the privacy practices or the content of those linked websites.
  • Security Precautions
    The mobile application has stringent security measures put in place to protect the loss, misuse, and alteration of the information under control of TPAPL, and to ensure safe and secure navigation while the user is using the mobile application. TPAPL adheres to strict security guidelines, protecting its mobile application against any unauthorized access.
  • Choice/Opt-Out
    TPAPL provides all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from it on behalf of its partners, and from TPAPL in general, after setting up of an account. If any user is no longer interested in receiving e-mail announcements, notifications and other marketing information from TPAPL, or in case the user wants TPAPL to remove any personally identifiable information that is so collected, the user must e-mail its request to support@bonhappetee.com
  • Advertising
    TPAPL uses third-party service providers to serve ads on its behalf across on its mobile application platform. These service providers may collect anonymous information about the user’s usage of TPAPL’s mobile application, and the user interaction with our products and services. They may also use information about user visits to this mobile application platform to target advertisements for goods and services. No personally identifiable information apart from that which is already provided by the user, is collected or used in this process.
  • Modifications/Alterations/Variations to this Policy
    TPAPL reserves its right to add, alter, modify, change and/or vary its privacy policy from time to time without any prior notice. All/any such changes/updates shall be posted to this privacy policy as and when the same are made. Kindly take note that continued usage of this mobile application shall constitute the user’s acceptance of any changes or revisions made to this Privacy Policy, as and when the same are effected/made applicable.
  • Termination
    TPAPL reserves the right to terminate/suspend any user’s account (or any part thereof) for any reason and without any prior notice, within its discretion. TPAPL may also cause removal and discarding of any content within the Service, for any reason, including, without limitation, for lack of use or if TPAPL believes that any user has violated the Terms of Service. TPAPL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without any prior notice.
  • International Visitors/Users
    TPAPL is a private limited company registered under the applicable Indian laws, and the usage of this mobile application, the services offered thereunder and/or part thereof, including security, storage, processing, disclosure of data, any information that may be collected from the user/s, including visitors who are foreign nationals, shall be governed by the applicable laws of India, nothwithstanding the nationality of such users.
  • Applicable laws (choice of venue and forum)
    Use of this mobile application shall in all respects be governed by the laws of the State of Maharashtra, India, regardless of any other laws that might be applicable under principles of conflicts of law. The parties hereby agree that the courts situated at Mumbai shall have exclusive jurisdiction over all controversies/disputes/complaints arising under this agreement.