The following terms and conditions govern all use of the BioBeats services, including all mobile applications, web-services and biobeats.com websites.
These terms and conditions apply between you, the User of this Application (including any websites and sub-domains, unless expressly excluded by their own terms and conditions), and BioBeats Group Ltd, the owner and operator of this Application. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these terms and conditions, you should stop using the Application immediately.
In these terms and conditions, User or Users means any third party that accesses the Application and is not either (i) employed by BioBeats Group Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to BioBeats Group Ltd and accessing the Application in connection with the provision of such services.
You must be at least 13 years of age to use this Application. By using the Application and agreeing to these terms and conditions, you represent and warrant that you are at least 13 years of age.
Intellectual property and acceptable use
1. All Content included on the Application, unless uploaded by Users, is the property of BioBeats Group Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Application, including any such content uploaded by Users. By continuing to use the Application you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of BioBeats Group Ltd.
3. You may not use the Application for any of the following purposes:
a. in any way which causes, or may cause, damage to the Service or interferes with any other person's use or enjoyment of the Service;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
4. This Application may contain links to other sites. Unless expressly stated, these sites are not under the control of BioBeats Group Ltd or that of our affiliates.
5. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
6. The inclusion of a link to another site on this Application does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
8. Any online facilities, tools, services or information that BioBeats Group Ltd makes available through the Application (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. BioBeats Group Ltd is under no obligation to update information on the Application.
9. Whilst BioBeats Group Ltd uses reasonable endeavours to ensure that the Application is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
10. BioBeats Group Ltd accepts no liability for any disruption or non-availability of the Website.
11. BioBeats Group Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Service including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Application unless it is expressly stated otherwise.
Limitation of liability
12. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
13. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
14. To the maximum extent permitted by law, BioBeats Group Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
15. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
16. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Application from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
18. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
19. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
20. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
21. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
22. BioBeats Group Ltd has the right to terminate your access to all or any part of this Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using this Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Using the Service
23. Via the Service, users can create customised relaxation sessions. Users of the Application can also use the paid functionality of the Service to access the enhanced features of the Service, described in further detail under the Section titled “Purchases” below.
24. You understand and agree that the Service and any information you learn from the Service is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care. Do not use the Service while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Service.
25. BioBeats Group Ltd offers enhanced features of the Service in exchange for the payment of a fee. A description of these enhanced features is available via the Service. If you choose to purchase the enhanced offering via the Application, you agree to pay the applicable fee and any taxes. The fee will be charged to your account with the app store or distribution platform where the Application is made available. All fees are non-refundable and non-transferable except as expressly provided in these Terms.
BioBeats Group Ltd details
26. BioBeats Group Ltd is a company incorporated in England and Wales with registered number 07727135 whose registered address is 3rd Floor, 3 Fitzhardinge Street, London, W1H 6EF and it operates the Website www.biobeats.com. The registered VAT number is 235217233.
You can contact BioBeats Group Ltd by email on firstname.lastname@example.org.