These Terms of Use also govern your access to and use of www.biotricity.com, www.bioheart.com, related domains including the secure domain ("Clinic"), and the mobile applications. ("Sites"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, YOU MAY NOT USE THE SITE. IN COMPLYING WITH THE TERMS OF USE, WE GRANT YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE SITES.
We reserve the right, to change, modify, add or remove portions of these Terms of Use, at any time. You should review these Terms of Use periodically for changes. If changes have been posted, your continued use of the Sites will mean that you accept and agree to the changes.
All text, graphics, images, audio, video, user interfaces, visual interfaces, logos, trademarks artwork, design, "look and feel" of the Sites, layout and other material along with product names, domain names, taglines, and computer code (collectively, "Content"), contained on the Sites is owned, controlled or licensed by or to Biotricity, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. Any person or entity who interacts with the Sites through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Sites
Where you are able to download particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Biotricity. You may not use the Content in a manner that suggests an association with any of our products, services or brands. If you would like information about obtaining Biotricity's permission to use the Content on your website, email legal@biotricity.com
You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Biotricity or others. We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
Some of our services permit or require you to create an account. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at legal@biotricity.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Biotricity Sites.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Biotricity immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Biotricity or any other user of or visitor to the Sites due to someone else using your Biotricity ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Biotricity ID, password or account at any time without the express permission and consent of the holder of that Biotricity ID, password or account. Biotricity cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We may suspend or terminate your account and your ability to use any Sites or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service
You may not attempt to gain unauthorized access to any portion or feature of the website, mobile app, any other systems or networks connected to the website or mobile app, to any Biotricity server, or to any of the services offered by Biotricity, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Biotricity including any Biotricity account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.
In the event that we offer downloads of software on a Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only or for medical purposes. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, BIOTRICITY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, BIOTRICITY SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available.
Our products displayed on the Sites may also be available in select department and/or company-owned stores in the United States and select foreign markets while supplies last. They may be on third-party retail websites. In some cases, merchandise displayed on the Sites may not be available in stores and third party storage facilities, and we make no representations or warranties that any of the products or services displayed on the Sites will be available at any time or location. Any prices displayed on the Sites are quoted in U.S. Dollars.
Some of our products are used by healthcare providers to diagnose medical issues. These products are not sold directly through the Sites, and are not intended to be sold by any third party retailers. If they are displayed or offered to be sold by a third party, we do not claim any ownership, and therefore liability, of the products on sale. We make no representations or warranties on the quality and the fitness of purpose of these products
If you wish to purchase any product through the Sites (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Biotricity the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction
Acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, and we reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
If you are not satisfied with products that you purchased directly through the Sites, you are entitled to a full refund if the following conditions are met:
- You can only request a refund within 30 days of payment for a device through our Sites. We will not provide a refund if you have purchased the device through other retailers.
- The device and the associated accessories in the original packaging are fully operational, in good physical condition and aesthetically pristine (i.e. no scratches, marks, tears, dents, cracks, holes, imprints and other blemishes).
- The device and the associated accessories that were part of the original packaging have not been lost and can be returned
To request a refund, please email legal@biotricity.com for a return authorisation. Once our Team provides you with a return authorisation confirmation, you can send the device back to us provided the above three conditions have been met.
If your return fails to meet any of the above conditions, we may refuse to accept it or charge a restocking fee of 20% of the original price.
If the device is to be used for the formal purposes of diagnosis by a healthcare provider, the return policies are separate and is not part of this overall Agreement.
You can find out more about how we use and process your information in our Privacy Policy.
Biotricity makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Biotricity Sites and the Content. Any use of the Sites and the Content is at your own risk. Changes are periodically made to Sites and may be made at any time. Biotricity further reserves the right to modify, suspend, or discontinue any service on or feature of the Sites (including any changes to or removal of Content) at any time with or without notice to you, and Biotricity shall not be liable to you or to any third party should it exercise such rights. Some Content on the Biotricity Sites may be provided by third parties, and Biotricity will not be held responsible for any such Content provided by third parties.
BIOTRICITY DOES NOT WARRANT THAT THE BIOTRICITY SITES WILL OPERATE ERROR-FREE OR THAT THE BIOTRICITY SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE BIOTRICITY SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, BIOTRICITY WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE BIOTRICITY SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIOTRCITY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
BIOTRICITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A BIOTRICITY SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE BIOTRICITY SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BIOTRICITY FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BIOTRICITY IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE BIOTRICITY SITES.
Your use of the Biotricity Sites is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Biotricity Sites or with these Terms of Use, your sole remedy is to discontinue use of the Biotricity Sites. IN NO EVENT WILL BIOTRICITY OR ANY THIRD PARTIES MENTIONED ON THE BIOTRICITY SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE BIOTRICITY SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOTRICITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE BIOTRICITY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.
Biotricity is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Sites and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Biotricity reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Sites.
The Biotricity Sites may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Biotricity of the contents on such third-party websites. Biotricity is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.
On Biotricity Sites, you might have an opportunity to download applications that were developed by third parties. Biotricity is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.
By using a Biotricity Sites, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless Biotricity, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
Biotricity respects the intellectual property rights of others. It is Biotricity's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Biotricity relating to a Biotricity Sites, including but not limited to User Submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or, as applicable, other laws, by providing the below-specified Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By email: legal@biotricity.com
By mail: Biotricity, Inc
275 Shoreline Drive, Suite 150
Redwood City CA 94065
You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Nevada, and waive any objection to such jurisdiction or venue In the event of any controversy or dispute between Biotricity and you arising out of or in connection with your use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
Biotricity administers and operates the legal@biotricity.com Sites from its location in Redwood City, California USA; other Biotricity sites may be administered and operated from various locations outside the United States. Although the Sites is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Biotricity reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws
This Agreement is effective unless and until terminated by either you or Biotricity. You or Biotricity may terminate this Agreement at any time by discontinuing use of the Sites. IF you are using the Clinic, Biotricity may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Sites, if in Biotricity's sole discretion you fail to comply with any term or provision of this Agreement.
Biotricity’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Biotricity’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Biotricity to exercise or take advantage of any right or remedy that Biotricity has or may have hereunder, operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.