Ownershipbon 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 AppBy 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 RenewalsCertain 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 shall be governed by these terms and conditions, and 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 PropertyThe 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.
WarrantiesTPAPL make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the mobile application and its contents.
Disclaimer of liabilityTPAPL 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 termsIn 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.
SeverabilityAny 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 linksExternal 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.
IndemnityThe 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.
CommunicationsTPAPL 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 email@example.com
Public Forums and Information provided by UsersThe 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 LicenseSubject 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 UseThe 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 GuidelinesThe 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 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.
Guarantee Terms and ConditionsThe bon happetee weight management (gain, maintain or lose) guarantee is subject to the following terms and conditions:
- Weight loss results vary and usage of the mobile application does not guarantee weight loss. Factors such as diet and genetic makeup, overall health, or physiological differences may influence weight loss. Users are advised to consult with their physician before beginning any new weight loss program
- The user should not already be in a healthy BMI Range, and should not be under any medication that may restrict the weight loss.
- User should not be suffering from any disease/condition that may restrict weight loss
- User should diligently input all requisite information/data, as required by the mobile application, without any misrepresentation therein
- User should strictly abide by/maintain high meal and daily scores on the mobile application, which would be adjudged by TPAPL in its sole discretion
- User meets all the daily targets set by the mobile application.
Contest/Competition/Challenge Terms and Conditions
- Any contest/competition/Challenge on the bon happetee app is open only to users of the Bon happetee mobile application, who are over 18 years of age.
- The mobile application uses a specially developed algorithm to analyse the data provided by the user, without any human interference. TPAPL’s decision in respect of all matters regarding the contest/competition shall be based upon the output generated by the mobile application’s algorithm on the basis of the user data received, and such decision would be final, and no further communication/disputes in that regard would be entertained
- Entry into this contest/competition will be deemed as acceptance of these terms and conditions
- Participants understand that weight loss results vary and participation in the contest/competition does not guarantee weight loss. Factors such as diet and genetic makeup, overall health, or physiological differences may influence weight loss. Participants are advised to consult with their physician before beginning any new weight loss program
- No Participant shall use any artificial or inappropriate means of weight loss or alteration in body composition in order to win the contest/competition
- TPAPL reserves the right to cancel, terminate or suspend this contest/competition or any part thereof for any reason
- TPAPL reserves the right, at its sole discretion, to disqualify any individual it reasonably suspects or believes to be tampering with the contest/competition process, any part of the contest/competition itself, or the award mechanism by any means or suspected to be acting in violation of these terms and conditions and/or the general terms and conditions of the mobile application, or any other term or condition of the contest/competition set by TPAPL
- The contest/competition is subject to the conditions that the participant is not already in the healthy BMI Range; participant is not under any medication that restrict weight loss and does not suffer from any condition restricting weight loss
- Participant agrees to meet all the daily targets set for him/her by the mobile application
- Participant maintains high meal and daily scores, as would be adjudged by TPAPL in its sole discretion