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TERMS OF USE

The following constitutes the BEQUIP Terms of Use Agreement (“Agreement”) and is legally binding and applies to your use of the BEQUIP Services (as further defined).

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE BEQUIP   SERVICES AND INCLUDES:

This Agreement constitutes legally binding terms and applies to such use of the BEQUIP Services regardless of the type of device used to access them (“Device”) unless such services post a different terms of use or end user license agreement, in which case that agreement (“Other Terms”) shall instead govern. By accessing and/or using any of the BEQUIP Services, you agree to be bound by this Agreement (or if applicable, the Other Terms).The term “User” refers to an Account Holder. You are authorized to use the BEQUIP Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the BEQUIP Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account (your “Account”), and its associated profile(s) (each a “Profile”) in accordance with the terms herein.

  1. ELIGIBILITY

BEQUIP account shall be a Phone number/ Email based OTP verified account.

  • By registering for an account, you represent and warrant that you are at least 18years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate.
  • BEQUIP reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion if:
  1. You are under _18 years or the minimum legal age in your country to use our Products.
  2. You are a convicted sex offender.
  3. We've previously disabled your account for violations of our Terms or Policies.
  4. You are prohibited from receiving our products services that we offer under applicable laws
    • You agree to keep your registered email addresses and other Registration Data current and complete, as BEQUIP may send important notices about your account from time to time. By registering for an account, you consent to receive communications from BEQUIP about the Services by email and/or system messages consistent with the terms of our Privacy Policy.
    • You may not create an Account for anyone other than yourself without the other person’s permission.
    • Registered sex offenders and those convicted of violent crimes are not eligible for Membership.

 

  1. ACCOUNT SECURITY
    • You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
    • User Content that you post, upload or otherwise make available via the Services may be viewed by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. BEQUIP provides privacy options and settings for your content available in the Privacy & Permissions section of your applicable user account (the “Account Settings”) to prevent misuse you should ensure to protect the data that you share by restricting the access to the information, photos or videos that you post, upload or otherwise make available via the Services.
    • We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. BEQUIP is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the privacy settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify BEQUIP of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to BEQUIP.

 

  1. TERMS AND TERMINATION
    • PLEASE NOTE THAT THE TERMS OF THIS TERMS OF USE AGEEMENT ARE SUBJECT TO CHANGE BY BEQUIP IN ITS SOLE DISCRETION AT ANY TIME, AND WE MAY CEASE OFFERING THE BEQUIP SERVICES AT ANY TIME.

When changes are made, BEQUIP will make a new copy of the Terms of Use Agreement available at the BEQUIP Website and through the BEQUIP Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. Any changes to the Terms of Use Agreement will be effective immediately for new visitors of the BEQUIP Website and will be effective thirty (30) days after posting notice of such changes on the BEQUIP Website for existing Members, provided that any material changes shall be effective for Members upon the earlier of thirty (30) days after posting notice of such changes on the BEQUIP Website.. BEQUIP may require you to provide consent to the updated Terms of Use Agreement in a specified manner before further use of the BEQUIP Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you may stop using the BEQUIP Website. Otherwise, your continued use of BEQUIP Services constitutes your acceptance of such change(s). We are not responsible for the ongoing integrity, accessibility, or usability of any uploaded files so please have a backup of any data you download from the BEQUIP App.

You may terminate your access at any time, for any reason, by following the instructions in your Profile Settings. BEQUIP may terminate the BEQUIP Services and/or your access at any time, for any or no reason, with or without prior notice or explanation, and without liability. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the BEQUIP Services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability.

In addition, BEQUIP reserves the right, in its sole discretion, to reassign or rename your username and/or Profile URL and to allow indexing of such URL by third party search engines. BEQUIP expressly reserves the right to remove Content, in whole or in part, and/or deny, restrict, suspend, or terminate your access to all or any part of the BEQUIP Services, if BEQUIP determines, in its sole discretion, that you have violated this Agreement, are acting in a manner we deem inappropriate for the BEQUIP Services, or pose a threat to BEQUIP, its employees, business partners, Users and/or the public. Even after access is terminated, or you cease using the BEQUIP Services, some terms of your Agreement with BEQUIP will remain in effect, including, except as may be mutually agreed (e.g., acceptance of Other Terms).

 

  1. DO’S AND DON’T
    • You may not use our Services to do anything:
  1. That violates these Terms and policies that apply to your use of BEQUIP Website.
  2. That is unlawful, misleading, discriminatory or fraudulent.
  3. That infringes or violates someone else's rights, including their intellectual property rights.
  • You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Services.
  • You may not access or collect data from BEQUIP Website or Linked Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.

 

 

 

 

  1. FEES AND PAYMENT
    • The fees payable by the User shall be as per the Model/Subscription Plan opted by the User.
    • The fees shall be payable in advance and in case of Subscription model not later than 7 days from the due date of payment as per the applicable billing cycle.
    • Your subscription will be automatically renewed at the end of each subscription period unless you inform BEQUIPthat you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Debit/Credit Card last used by you.
    • If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If the payment is not received within 7 days from the expiry of the due date, the user account shall be deactivated.
    • While availing any of the payment method/s available on the Website, BEQUIP shall  not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User  due to:
      • Lack of authorization for any transaction/s, or
      • Exceeding the pre-set limit mutually agreed by the user and between "Bank/s", or
      • Any payment issues arising out of the transaction, or
      • Decline of transaction for any other reason/s
    • All payments made against the services on Software by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. Software shall not expedite transaction with respect to any other form of currency with respect to the purchases made on Software.
    • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Debit/Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
    • From time to time, we may change the price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have approved the same to be included in your subscription plan.

 

  1. PERMISSIONS YOU GIVE TO BEQUIP
    • You give us permission to store, copy, and share with others (consistent with your settings) such as service providers that support our service or other BEQUIP Services/Products you use.
    • You give us permission to use your name and information about actions you have taken on BEQUIP Website next to or in connection with ads, offers, and other sponsored content that we display across our Website, without any compensation to you.
    • Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

 

  1. THIRD PARTY SERVICES
    • BEQUIP may make third party content and services available on or through the Services (“Third Party Services”) solely as a convenience to its users, or because a user posted it or made it accessible (for example, links to third party websites, software and other services). When you leave the Services, you should be aware that these Terms of Use and all other BEQUIP policies no longer govern your use of such websites and services or any content contained thereon.
    • BEQUIP does not indicate affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Services. BEQUIP makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services.

YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.

 

  1. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEQUIPDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE AND THE SERVICES.

BEQUIPDOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM BEQUIP OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEQUIP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. BEQUIP ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES PROVIDED THEREON.

 

 

  1. CONTENT/ACTIVITY PROHIBITED
    • We limit use of the BEQUIP Services to Content and activities that are appropriate, in our discretion, to our venue. The following are examples, without limitation, of the kind activities that are illegal, or prohibited to post on, through or in connection with the BEQUIP Services (“Prohibited Content”). BEQUIP reserves the right to investigate and take appropriate action (which may include taking legal action) against anyone who, in BEQUIP’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the BEQUIP Website, terminating the Access of such violators and/or reporting such Content or activities to law enforcement authorities. BEQUIP may seek to gather information from the Member who is suspected of violating these Terms and from any other Member, and wilfully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails, or publishing or otherwise making available any Content that is believed to violate these Terms.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BEQUIP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEQUIP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER BEQUIP OR LAW ENFORCEMENT AUTHORITIES.

  • Prohibited Content, including unauthorized commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation.

 

  1. PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
    • BEQUIP respects the intellectual property of others, and requires that our Users and Members do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity. It is BEQUIP’s policy to terminate, in appropriate circumstances, the Access of repeat or substantial infringers.
    • You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

 

  1. LIMITATION ON LIABILITY.
    • In no event shall BEQUIP be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from:
      • your use or inability to use the BEQUIP services (including the content and BEQUIP content) or linked services, or the performance of the BEQUIP services or linked services,
      • any action taken in connection with an investigation by BEQUIP or law enforcement authorities regarding your access to or use of the BEQUIP services,
      • any action taken in connection with copyright or other intellectual property owners or other rights owners,
      • any errors or omissions in the BEQUIP services’ technical operation, or
      • We cannot predict when issues might arise with our Products. Any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction, even if BEQUIP has been advised of the possibility of such damages.

 

  1. DISPUTES
    • Any controversy, allegation, or claim between you and BEQUIP arising out of or relating to the BEQUIP Services, the BEQUIP Content, this Agreement, or any Additional Terms, whether heretofore or hereafter arising are “Disputes”. References to "BEQUIP” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all beneficiaries of the BEQUIP Services.
      • Notice: If you or BEQUIP becomes aware of a Dispute, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10.1.1. Your notice to us must be sent to: support@bequip.in. For a period of sixty (60) days from the date of receipt of notice from the other party, BEQUIP and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or BEQUIP to resolve the Dispute on terms with respect to which you and BEQUIP, in each of our sole discretion, are not comfortable.
      • Arbitration: If we cannot resolve a Dispute, any claim, dispute or difference relating to or arising out of this Terms Of Use shall be referred to the arbitration, of a sole arbitrator appointed by BEQUIP. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time and the courts in Ernakulam, Kerala alone shall have exclusive jurisdiction to deal with all such matter. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.”
      • Jurisdiction: If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms or the BEQUIP services, and you may resolve your claim in any competent court in Ernakulam that has jurisdiction over the claim.

 

  1. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at BEQUIP’s election) and hold BEQUIP, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees and costs, alleged by any third party due to or arising out of or in connection with:

(a) your use or your violation or anticipatory violation of any Applicable Law in connection with your use of the BEQUIP Website or Linked Services, and your activities in connection with the BEQUIP Website or Linked Services;

BEQUIPBEQUIP;

(b) a breach or anticipatory breach of this Agreement or any Additional Terms;

(c) any breach of your agreements, representations and warranties set forth in this Agreement;

(e) information or material transmitted through your Device used to access the BEQUIP Website, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;

(g) any misrepresentation made by you; and

(h) BEQUIP’s permitted use of the information that you submit to us (all of the foregoing, “Claims and Losses”).

You will cooperate fully as required by BEQUIP in the defense of any Claim and Losses. Notwithstanding the foregoing, BEQUIP retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. BEQUIP reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of BEQUIP.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE BEQUIPAPP, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BEQUIP (INCLUDING YOUR LICENSED CONTENT) OR A LICENSOR OF BEQUIP. However, you acknowledge that any breach or anticipatory breach by you of this Agreement may result in harm to BEQUIP not capable of a remedy of money damages alone and accordingly in addition to any action at law for damages, BEQUIP will be entitled to seek injunctive and other equitable relief.

 

  1. SEVERABILITY

If any provision of this Agreement is unlawful, void or unenforceable, that provision deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.

 

  1. ENTIRE AGREEMENT

These Terms of use make up the entire agreement between you and BEQUIP regarding your use of our services and supersede any prior agreements.

 

  1. WAIVER

Any failure by BEQUIP to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by BEQUIP of that provision or right.

 

  1. ASSIGNMENT

The User cannot assign or otherwise transfer the obligations under the Terms, or any right granted hereunder to any third party. BEQUIP’s rights under the Terms are freely transferable by them to any third parties in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without the requirement of seeking the User’s consent.

 

  1. SUBMISSIONS

User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to BEQUIP are non-confidential, and shall become the sole property of BEQUIP. BEQUIP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to the User.

At BEQUIP we always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you.

 

If you have any questions or concerns regarding this Agreement, please contact us at   support@bequip.in

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