théa
Terms & Conditions of Sale
These terms are drafted in English. If there is a conflict between a translated version and the English version of these Terms of Sale then, to the extent permitted under applicable law, the English version shall prevail. We are Voyager Health Private Limited. These terms (the “Terms of Sale”), together with the information contained in our Privacy Policy and Terms and Conditions of Use (the “Terms and Conditions”) are a legally binding agreement between you and us, that sets out the legal terms that apply when you download and use our Platforms (as defined in our Terms and Conditions), and the legal terms that apply when you place an order for products through our Platforms (“Products”). You must read these Terms of Sale and Terms and Conditions carefully and agree to accept these Terms of Sale and Terms and Conditions by clicking “I Accept” before using our Platforms and purchasing our Products. If you do not consent to these Terms of Sale or the Terms and Conditions, you may not use our website or apps and you may not use our Platforms or purchase our Products. PLEASE NOTE: These Terms of Sale contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of a class or representative action. You can contact us by writing to us by email at info@voyagerhealth.in. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 1. Understanding these Terms of Sale 1.1 Why you should read these Terms of Sale. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may change or cancel the contract or order, what to do if there is a problem and other important information. If there is something within these Terms of Sale which you don’t understand, please contact us for further information. 1.2 Defined terms. When certain words and phrases are used in these Terms of Sale, they have specific meanings (these are known as ‘defined terms’). These defined terms start with capital letters even if they are not at the beginning of a sentence. 1.3 Headings and other information. We have used headings to help you understand these Terms of Sale and to easily locate information. These Terms of Sale are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Products. 1.4 Entire Agreement. These Terms of Sale, together with the Terms and Conditions, constitute the entire agreement between us in relation to your orders for the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Sale or the Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Sale. 2. Your orders for Products 2.1 How we will accept your order request.Our acceptance of your order request will take place when we send an email confirming our acceptance of your order request to the email address you have provided to us, at which point a contract will come into existence between you and us and your order request becomes an order. 2.2 If we cannot accept your order request.If we are unable to accept your order request, we will inform you in writing and will not charge you for the Product. We may reject an order request for several reasons including but not limited to if the Product is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified. 2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. 2.4 Products and Product packaging may vary slightly from pictures. The images of the Products and Product packaging displayed on our Platforms are for illustrative purposes only. We make every effort to display the color, shape and size of Products and Product packaging accurately but we cannot guarantee that this will be reflected on the display of the device through which you are browsing. As such, your Product or Product packaging may vary to that shown. 2.5 If you are ordering Thea Breast Pump in India, you accept and acknowledge that you have received a copy of the Instruction Manual, also available at https://www.lovethea.com/_files/ugd/97cfd8_0233741356e74f329d70c91731eca2fc.pdf?index=true which provides important safety information, and you understand that the Thea Pump is intended and labeled for use by a single user who is a lactating woman to express and collect milk from her breasts. 2.6 Despite any uses of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like in these Terms of Sale, we will remain the sole and exclusive owner of all intellectual property rights in and to each and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted to you for your use of the Product. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products. 3. Your rights to make changes If you wish to make a change prior to shipment of your order, please contact us at info@voyagerhealth.in We will let you know if the change is possible. If the change is possible, the price of the Product, the timing of supply and other terms may also change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order. 4. Our rights to make changes 4.1 Minor changes to the Products. We may change the Products: (a) to reflect changes in applicable laws and regulatory requirements, including but not limited to compliance with the EU General Data Protection Regulation and any other applicable privacy and data protection laws; and (b) to implement minor technical adjustments and improvements, for example to improve the functionality of our Products. These changes may affect your use of the Product, but we will use commercially reasonable efforts to tell you about any effect on your use of the Product in advance. 4.2 Significant changes to the Products and these Terms of Sale. As stated in the description of the Products on our Platforms, we may make changes to the Product, but if we do so we will notify you and you may then contact us to cancel the order before the changes take effect and receive a refund for any Products paid for but not received. 4.3 Product recall. We have the right to recall products that do not conform to the manufacturer’s specifications, at any time at our discretion. 5. Providing the Products 5.1 Delivery costs. The costs of delivery will be displayed to you on our Platforms prior to you placing an order request for a Product through our Platforms. 5.2 When we will provide the Products. If we accept your order request, we will provide you with an estimated time frame within which the Products will be delivered to you. Unless we agree a different time frame with you in which to make delivery, we agree to provide the Products to you within 30 days after the day on which we send you notice of acceptance of your order. 5.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay (more than 30 days from date of confirmed order) you may contact us to cancel the order and receive a refund for any Products you have paid for but not received. 5.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery partner will follow the standard procedure it applies in the event that a Product cannot be delivered. 5.5 When you become responsible for Products.A Product which is a good will be your responsibility from the time we deliver the Product to the address provided to us. You will own a Product which is a good once we have received payment for that Product in full. 5.6 What will happen if you do not give required information to us. We may need certain information from you so that we can accept your order and provide the Products to you, for example, your name, your email address, telephone number, credit card number, the expiration date of your credit card, billing address and delivery address. Further information relating to how we collect, manage, store and process personal data can be found in our Privacy Policy on our website. If you do not provide this information to us at the time of placing an order, or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may cancel an order and/or terminate these Terms of Sale. We will not be responsible for supplying Products late, if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 5.9 Reasons we may delay supplying Products to you. We may have to delay supplying a Product to you if: (a) you fail to make payment to us for the Product; (b) we suspect any order or transaction to be fraudulent or suspicious; (c) we choose to deal with technical problems or make minor technical changes to the Products; and (d) we choose to update the Product to reflect changes in relevant laws and regulatory requirements. We will contact you in advance to tell you we will be delaying supply of the Product, unless the problem is urgent or an emergency. If we have to delay supplying you with the Product for longer than 30 days, you may contact us to cancel the order for a Product, and we will refund any sums you have paid in advance for the Product. 6. Your rights to cancel an order or terminate these Terms of Sale 6.1 You may cancel an order or terminate these Terms of Sale with us for any of the following reasons: (a) the Product is defective or not as described (see paragraph 6.2); or (b) we have done something or have told you we are going to do something in material breach of these Terms of Sale (see paragraph 6.3). 6.2 If the Product is defective or not as described. We may offer an extended warranty period in relation to some of our Products. Further information about the applicable warranty period or the option to repair or replace in relation to each Product is displayed on our Platforms. If any agreement is silent as to an extended warranty period, your legal statutory rights in relation to defective or not as described goods will remain unaffected provided that the Product in question is returned to us. We will pay the cost of postage. Please contact info@voyagerhealth.in for a return label. If you want to return a Product because it is not as described or you change your mind within 30 days of you receiving the Product, please note that our single-user products may only be returned for a refund provided it is new, unopened, unused, and in its original packaging with the manufacturer’s factory seal still intact. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND. 6.3 If we have done something, or have told you we are going to do something, in material breach of these Terms of Sale.Except as set forth in these Terms of Sale, all orders are final, non-cancelable, and non-refundable. You may be entitled to cancel the order immediately, and we may have to refund you in full for any Products which have not been provided if we have done or are going to do any of the following: (a) we have told you about an upcoming significant change to the Product or these Terms of Sale which you do not agree to; (b) we have told you about an error in the price of the Product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the Product may be significantly delayed because of events outside our control; (d) we have suspended or delayed supply of the Product for technical reasons, or notify you we are going to suspend supply for technical reasons, in each case for a period of more than 30 days; or (e) you have a legal right to terminate these Terms of Sale and cancel an order because we materially breached the contract relating to the supply of Products to you. 6.4 For information relating to any warranty claim, please refer to the legal and warranty information on the website www.lovethea.com. 7. How to terminate these Terms of Sale with us 7.1 Tell us you want to terminate these Terms of Sale. To terminate these Terms of Sale with us, please let us know by contacting us via: Online. Complete the form on our website www.lovethea.com or write to info@voyagerhealth.in. 7.2 When we will pay the costs of return of Products. We will pay the costs of return: (a) if the Products are faulty or not as described; or (b) if you are terminating these Terms of Sale because we have told you of an upcoming change to the Product or these Terms of Sale, an error in pricing or description, a delay in delivery due to events outside our control or because you otherwise have a legal right to do so. In all other circumstances you must pay the costs of return. In those circumstances, if we initially pay the cost of return, we may deduct that cost from any amount to be refunded to you. 7.3 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. 7.4 We may be entitled to make deductions to your refund, if, for instance, you have handled the Product(s) in a way which damages them or renders them unsaleable. Further, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 7.5 When your refund will be made. We will make any refunds due to you as soon as possible. 8. Our rights to cancel an order or terminate these Terms of Sale 8.1 We may cancel an order or terminate these Terms of Sale if you violate them. We may also cancel an order or terminate these Terms of Sale for a Product at any time by writing to you, if: (a) you do not make any payment to us when it is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address; or (c) you do not, within a reasonable time, allow our delivery partner to deliver the Products to you. 9. Price and payment 9.1 Where to find the price for the Product. The price of the Product will be the price indicated on the order page on our Platform when you place your order. Prices are subject to change without notice, and the price charged for a Product will be the price in effect at the time the order is placed. 9.2 Changes to the price. We take all reasonable care to ensure that the price of the Product advised to you is correct but it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instruction before accepting the order request. 9.3 Posted prices do not include taxes that may apply or charges for shipping and handling. All such taxes and charges will be added to your order total. We will pass on changes in taxes under applicable law. If the rate of applicable tax changes between your order date and the date we supply the Product, we will adjust the applicable taxes that you pay, unless you have already paid for the Product in full before the change in the applicable tax takes effect. 9.4 When you must pay and how you must pay.All payments for Products through our Platforms are processed through Razorpay Payments, third-party payment providers unconnected to our Platform. You must make payment for Products prior to us providing them to you, including all applicable taxes, if any. You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment methods in connection with the purchase of any Products; and (b) that the information you supply to us is true, correct and complete. You hereby agree that we are not responsible for any loss or damage arising from submission of false or inaccurate information. 10. Our responsibility for loss or damage suffered by you 10.1 EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE OR OTHER WARRANTY DOCUMENTATION, THE PRODUCTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE ACCURATE, MEET ANY SPECIFIC PURPOSE, OR BE FREE OF ERRORS. 10.2 Disclaimer of consequential damage. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO PARAGRAPH 10.4, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS, LOSS OF DATA OR LOSS OF USE OF THE PRODUCTS INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR YOUR USE THEREOF OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 10.3 Cap on damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO PARAGRAPH 10.4, OUR AGGREGATE LIABILITY FOR ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCTS OR OTHERWISE UNDER THESE TERMS OF SALE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU FOR THE PRODUCTS UNDER THESE TERMS OF SALE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM. 11. Arbitration Dispute Resolution: Any claim, dispute or difference relating to or arising out of this Agreement shall be referred to the arbitration, of a sole arbitrator. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The Arbitration & Conciliation Centre, will appoint the Sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force and applicable to the proceeding. The seat and venue of arbitration shall be Bengaluru. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties. 12. Other important terms 12.1 We may transfer this agreement to someone else. Subject to the terms of the Privacy Policy, we may transfer our rights and obligations under these Terms of Sale to another organization. 12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Sale to another person or entity if we agree to this in writing. 12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Privacy Policy
PRIVACY POLICY This Privacy Policy was last modified on 23 December 2022. 1. Our approach to privacy 1.1 At Théa ("Théa", "we", "our" or "us") we are committed to protecting and respecting your privacy. This Privacy Policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you ("personal information") and information regarding our use of cookies and similar technologies. 1.2 We operate the www.lovethea.com website, where you can view and order products, read updates and information about our products and maternal & newborn health in general, and browse instructions and guidance on how to use our products (the "Website"). We also operate product specific apps that are available for download on your device, which can be used in conjunction with our products and, with certain products, are required to operate them as set out in the relevant product manual (the "Apps"). 1.3 This Privacy Policy applies to the Website and our Apps. Please ensure that you have read this Privacy Policy and understood how we collect, store, use and disclose your personal information before accessing or using the Website or the Apps. 2. Who is responsible for the use of your personal information 2.1 Théa is the trading name of Voyager Health Private Limited (VHPL), which is the controller of the personal information we hold about you in connection with your use of the Website and the Apps. This means that we determine and are responsible for how your personal information is used. 3. Personal information we collect from you when you use the website, contact us or purchase products and how we use it 3.1 We collect personal information that you voluntarily submit directly to us when you use the Website. This can include information you provide to us when you order and pay for a product through our Website, correspond with us by phone, e-mail or otherwise in relation to the Website or our products, submit reviews or subscribe to our mailing lists, newsletters or other forms of marketing communications. 3.2 We will indicate to you where the provision of certain personal information is required in order for us to process your order, respond to your query or otherwise provide you with functionality of the Website. If you choose not to provide such personal information, we may not be able to process your order, provide support or respond to your other requests. 3.3 When you use the Website, the categories of information we collect may include: a) the type and quantity of products you order; b) your contact details, such as your name, email address and phone number; c) your delivery address; d) your payment details, such as your method of payment and billing address; e) your preferences as to how we communicate with you and how our Website is displayed; and f) the content of any queries or requests you submit to us. We use this information to process any orders you place through our Website, to address your questions and concerns, to contact you and to help us develop new products and services. 3.4 Annex 1 sets out further detail about the categories of personal information we collect about you and how we use that information when you use the Website, as well as the legal basis which we rely on to process the personal information and recipients of that personal information. 4. Personal information we collect from you when you use our Products and Apps and how we use it 4.1 We also collect personal information that you voluntarily submit directly to us when you use our products and Apps. This can include information you provide to us when you set up an account on an App, or when you pair and use one of our products with the appropriate App. We have engaged our sister concern Hemage Innovations Private Limited (HIPL) to create, manage & provide all services related to the App. 4.2 We will indicate to you where the provision of certain personal information is required in order for us to provide you with certain features and functionalities of the Apps. If you choose not to provide such personal information, we may not be able to provide those parts of the Apps to you. 4.3 When you use the products and appropriate Apps, the categories of information we collect may include: a) your name and email address; b) your birth year and number of children; c) information about how you use the product; and d) your preferences about how we communicate with you and how the Apps are displayed. We use this information to provide you with the functionalities of our products and Apps, to provide you with customer support and for our research and development (including developing new products and services). 4.4 Annex 2 sets out further detail about the categories of personal information we collect about you and how we use that information when you use our products and Apps, as well as the legal basis which we rely on to process the personal information and recipients of that personal information. 5. Information we collect automatically about your use of our Apps and Website 5.1 We also automatically collect personal information indirectly about how you access and use the Website and our Apps, and information about the device you use to access the Website or the Apps. For example, we may collect: a) information about the features you use and the pages you view on the Website and the Apps; b) information about your device (such as your IP address, device identifier, device type, model and manufacturer); and c) information about your usage patterns (such as how often you use the Website or an App and your language settings). We use this information to provide you with the features and functionality of the Website and the Apps, to monitor and improve the Website and the Apps and to develop new products and services. 5.2 Annex 3 sets out further information about the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information and recipients of that personal information. 5.3 We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalised experience regardless of how you interact with us. 5.4 We may anonymise and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the Website and our Apps and developing new products and features. 6. How long will we store your personal information 6.1 We will usually store the personal information we collect about you for no longer than necessary for the purposes set out in Annex 1, Annex 2 and Annex 3, in accordance with our legal obligations and legitimate business interests. 6.2 We may, however, need to retain your personal information for longer if we are required to do so by law. 7. Recipients of personal information 7.1 In addition to the recipients listed in Annexes 1, 2 and 3, we may also share your personal information with the following (as required in accordance with the uses set out in Annexes 1, 2 and 3): a) Service providers and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, app services or providing analytic services. b) Social media: we may use "lookalike" analytics functions, such as "Facebook Lookalike Audiences", to identify new potential customers on the basis that they might share some characteristics with you. If you interact with us through social media, such as if access our Website or download our Apps in response to an advert on a social media platform, we may therefore share your personal information with social media platforms to enable them to identify users similar to you, such as users that have liked the same pages or content as you. c) Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business. d) Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms and Conditions of Use and Terms and Conditions of Sale; and/or (iii) exercise or protect the rights, property, or personal safety of Théa, its users or others. 7.2 Other than as set out above, we may also share statistics and insights developed by us from your personal information. These statistics and insights are derived from anonymised and aggregated information, such that it would not be possible to identify you (directly or indirectly) or even single you out from this information. 8. Marketing and Advertising 8.1 From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services. 8.2 Most marketing messages we send will be by email. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you. 8.3 We will only send you marketing messages if you have given us your consent to do so. You can update your preferences about the emails you receive from us at a later date, including withdrawing your consent, by clicking on the link at the bottom of our marketing emails. 9. Storing and transferring your personal information 9.1 Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored on secure servers. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers. 9.2 De-identification. When we collect personal information about your use of our products and Apps, we only store this information in a way that does not directly identify you. We will only re-identify you in exceptional circumstances, such as if we are required to do so by applicable law, such as if we need to conduct a product recall, or if you ask us to. 9.3 International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations. 10. Your rights in respect of your personal information 10.1 In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold: a) Right of access. You have the right to obtain: i) confirmation of whether, and where, we are processing your personal information; ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods; iii) information about the categories of recipients with whom we may share your personal information; and iv) a copy of the personal information we hold about you. b) Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person. c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay. d) Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified. e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you. 10.2 You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason. 10.3 If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. 10.4 You may also review and edit some of the personal information you have submitted to us through the appropriate functionality on the Apps. 10.5 Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document. 10.6 We will seek to respond to any request relating to your rights within one month of receipt of such request. 10.7 Where, given the complexity of the claim or the number of requests received, the above deadline cannot be met, we will inform you of the extended deadline in which we will respond to your request. Such extension may not be more than two months from the date on which we notify you that an extension is required. 10.8 Where we do not follow up on your request, we will inform you within the one month deadline of the grounds on which we have based our decision and of your right to refer a complaint to your national data protection authority. 11. Cookies and Similar Technologies used on our website 11.1 Our Website uses cookies and similar technologies (such as Local Storage Objects, LSOs, scripts and pixels) to distinguish you from other users of our Website. 11.2 Traditional cookies are pieces of code that allow for personalisation of our Website experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. 11.3 Cookies and similar technologies help us to provide you with a good experience when you browse our Website and also allows us to monitor and analyse how you use and interact with our Website so that we can continue to improve our Website. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements. 11.4 We use the following types of cookies: a) Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to use a shopping basket or pay for products through our Website. b) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. We may use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Website and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. c) Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). d) Targeting cookies. These cookies record your visit to our Website, the pages you have viewed and the links you have followed. We will use this information to make our Website and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose. e) Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our Website. These third parties are responsible for setting out their own cookie and privacy policies. This Privacy Policy applies only to the personal information we collect on our Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit. 11.5 Please see Annex 4 for more information about the cookies we use on the Website. 11.6 The cookies we use are designed to help you get the most from our Website but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our Website. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, please use the "Help" option in your browser for more details. 11.7 Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs). 12. Links to third party websites 14.1 The Website and our Apps may, from time to time, contain links to and from third party websites, including those of our partner networks, advertisers, partner merchants, news publications, and retailers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites. 13. Our policy towards children 13.1 Our Website and Apps are not directed at persons under 18 and we do not knowingly collect personal information from any persons under 18. If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us. 14. Changes to this policy 16.1 We may update this Privacy Policy from time to time and so you should review this page periodically. When we change this Privacy Policy in a material way, we will update the "last modified" date at the end of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page. 15. Notice to you 15.1 If we need to provide you with information about something, whether for legal, marketing or other business related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on the Website or our Apps. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this Privacy Policy. 16. Contacting us 16.1 Please contact info@voyagerhealth.in if you have any questions, comments and requests regarding this Privacy Policy. 16.2 Should you wish to delete your personal data that we store, you can close your Théa App account by using the in-app account deletion function. Should you wish to delete your personal data that you submitted on our website, you may email us at info@voyagerhealth.in Please note that this will delete your account and personal data across all Apps & websites immediately and cannot be undone. For issues related to userid/password for website, please contact VHPL technical support at info@voyagerhealth.in. For issues related to userid/password/ funtions/ assistance for the App, please contact Hemage Innovations Private Limited (HIPL) technical support at hello@lovethea.com or alternatively at hemage.blr@gmail.com 16.3 This Privacy Policy was last modified on 23 December 2022. -------------------- Annex 1: Annex 1 - Personal information you provide to us when you purchase products, contact us or use our website 1. Contact information Contact information such as your name, phone number, e-mail address and shipping address. How we may use this information We may use this information to process and ship the products you have ordered to you. The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you. We may use this information to deal with any enquiries, support requests or complaints made by relating to our Website or your product orders. The processing is necessary for our legitimate interests, namely administering the Website, and for communicating with you effectively to respond to your queries, support requests or complaints. We may use this information to communicate with you, including sending service-related communications, such as updates about your order. The processing is necessary for the performance of a contract with you. We may use this information to send you surveys or requests for feedback about your experience of the Website. We will only use your personal information in this way to the extent you have given us consent to do so. We may use this information to send you unsolicited marketing communications in accordance with your preferences. We will only use your personal information in this way to the extent you have given us consent to do so. Recipients of this information We may share this information with: ● our fulfilment partners, BlueDart, Delhivery and their affiliates, in order to fulfil your order; ● our payment services providers, Razorpay in order to process your payments. 2. Transaction information Transaction information such as the products you order from our Website, as well as the date and time of your transaction. How we may use this information We may use this information to process and ship the products you have ordered to you. The processing is necessary for the performance of a contract with you. We may use this information to process any warranty claims you may submit to us, including the exercise of your rights under applicable law. The processing is necessary for the performance of a contract with you. We may use this information to deal with any support requests in relation to the products you have ordered, including queries about the delivery process. The processing is necessary for our legitimate interests, namely providing customer support. We may use this information to determine products and services that may be of interest to you. The processing is necessary for our legitimate interests, namely to inform our marketing. We may use this information to identify fraudulent transactions. The processing is necessary for our legitimate interests, namely the detection and prevention of fraud. Recipients of this information We may share this information with: ● our fulfilment partners, BlueDart, Delhivery and their affiliates, in order to fulfil your order; ● our payment services providers, Razorpay in order to process your payments. 3. Payment information Payment information, such as your credit or debit card, billing address, and other information such as date and time of your transaction. How we may use this information We may use this information to process the payments you make on the Website. The processing is necessary for the performance of a contract. We may use this information to identify fraudulent transactions. The processing is necessary for our legitimate interests, namely the detection and prevention of fraud. Recipients of this information We may share this information with: ● our payment services providers, Razorpay in order to process your payments. 4. Correspondence, comments and opinions Correspondence, comments and opinions. When you contact us directly, e.g. by email, phone, through our social media channels or when you complete an online form, we will record your comments and opinions. How we may use this information We may use this information to address your questions, issues and concerns. The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints and concerns. We may use this information to develop new products and features available on our Website or otherwise improve our Website. The processing is necessary for our legitimate interests, namely developing and improving our Website. We may use this information to determine products and services that may be of interest to you. The processing is necessary for our legitimate interests, namely marketing. We may use this information to send you solicited marketing communications and other information in response to your enquiries. The processing is necessary for the performance of a contract and to take steps prior to entering into a contract. We may use this information to send you unsolicited marketing communications in accordance with your marketing preferences. We will process your personal information for this purpose to the extent that you have given us consent to do so. Recipients of this information We may share this information with: ● Facebook Ireland Limited and its affiliates, if you contact us through Facebook messenger or via our Facebook page, in order to communicate with you; 5. Information received from third parties, such as social networks Information received from third parties, such as social networks. If you interact with us through a social network, we may receive information from the social network such as your name, profile information, and any other information you permit the social network to share with third parties. The data we receive is dependent on your privacy settings with the social network. How we may use this information We may use this information to communicate with you and to address your questions, issues and concerns. The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints and concerns. We may use this information to inform our marketing, such as through "Facebook Lookalike Audiences". The processing is necessary for our legitimate interests, namely informing our direct marketing. 7. All personal information All personal information set out above. How we may use this information We may use all the personal information we collect to operate, maintain and provide to you the features and functionality of the Website, to communicate with you, to monitor and improve the Website and our business, and to help us develop new products and services. The processing is necessary for our legitimate interests, namely to administer and improve the Website. Annex 2: Annex 2 – Personal information we collect when you use our products and apps 1. Profile information Profile information, such as your name, date of birth, phone and email address. How we may use this information We may use this information to set up and authenticate your account on the App. The processing is necessary for the performance of a contract with you and to take steps prior to entering into a contract with you. We may use this information to communicate with you, including sending service-related communications. The processing is necessary for the performance of a contract with you. We may use this information to send you unsolicited marketing communications in accordance with your preferences. We will only use your personal information in this way to the extent you have given us consent to do so. Recipients of this information We may share this information with: ● our sister concern Hemage Innovations Private Limited, who has been engaged to design, create, manage & provide all services related to the App. In order to process any support requests or queries that are App related, please write to hello@lovethea.com or alternatively to hemage.blr@gmail.com. 2. Usage information Usage information, such as the time for which you use our products, your results when you use our products, any issues experienced when you use our products and any other information generated by the products about how you use our products. How we may use this information We may use this information to provide the functionalities of the Apps that allow you to monitor and view statistics about your use of the products. The processing is necessary for the performance of a contract with you. We may use this information to analyse how our products perform, to fix issues with our products and Apps, to improve our products and Apps and develop new products and services. The processing is necessary for our legitimate interests, namely improving our products and services, dealing with any errors in our products and services and developing new products and services. 3. Your preferences and subscriptions Your preferences and subscriptions, such as your preferences about how the App is displayed, whether you have subscribed to any newsletters and your preferences set for notifications and marketing communications. How we may use this information We use this information to customise how the Apps are displayed, the content available through the Apps, and to provide notifications, send news, alerts and marketing communications where you have asked us to do so, or where you have consented. The processing is necessary for our legitimate interest, namely tailoring our products to our users and ensuring the user receives the correct marketing and other communications. We use this information to ensure that we comply with our legal obligation to send only those marketing communications which you have requested or to which you have consented. The processing is necessary for compliance with a legal obligation to which we are subject. Annex 3: Annex 3 – Personal information collected automatically when you use the Website or the apps 1. Approximate location information Approximate location information. Other than information you choose to provide to us, we do not collect information about your precise location. Your device’s IP address may however help us determine an approximate location. How we may use this information We may use information you provide to us about your location to inform and plan our marketing strategy and to monitor and detect fraud or suspicious activity in relation to your account. The processing is necessary for our legitimate interests, namely informing our direct marketing strategy. We may use this information to tailor how the Website and the Apps are displayed to you (such as the language in which they are provided to you). The processing is necessary for our legitimate interest, namely tailoring the Website and the Apps so that they are more relevant to our users. 2. Information about how you access and use the Website and the Apps Information about how you access and use the Website and the Apps. For example, how frequently you access the Website or the Apps, the time you access the Website or the Apps and how long you use it for, the approximate location that you access the Website or the Apps from, whether you access the Website or the Apps from multiple devices, and other actions you take on the Website or the Apps, such as what pages you view, any selections made and any information you enter into the Website and the Apps. How we may use this information We may use information about how you use and access the Website and the Apps to present the Website and the Apps to you on your device. The processing is necessary for our legitimate interests, namely to tailor the Website and the Apps to the user. We may use this information to determine products and services that may be of interest to you for marketing purposes. The processing is necessary for our legitimate interests, namely to inform our direct marketing. We may use this information to monitor and improve the Website, the Apps and/or our business, to resolve issues and to inform the development of new products and services. The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the Website and Apps and to improve the Website and Apps generally. 3. Log files and information about your device Log files and information about your device. We also collect information about the computer, tablet, smartphone or other electronic device you use to access the Website or the Apps. This information can include details about the type of device, unique device identifying numbers, operating systems, browsers and applications that you use to access the Website and/or Apps on your device, your mobile network, your IP address and your device’s telephone number (if it has one). How we may use this information We may use this information to determine products and services that may be of interest to you for marketing purposes. The processing is necessary for our legitimate interests, namely to inform our direct marketing. We may use this information to monitor and improve the Website, the Apps and/or our business, to resolve issues and to inform the development of new products and services. The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the Website and Apps and to improve the Website and Apps generally. Recipients of this information We may share this information described in 1, 2 and 3 above with: ● Facebook Ireland Limited and its affiliates, in order to support social sharing and the integration of Facebook services with our Website; •Hemage Innovations Private Limited and its affiliates, in order to provide support for all App related services and issues; ● Facebook Ireland Limited, Google LLC, and their affiliates who use information obtained from our Website to target and display customised ads to you when you browse the internet; Annex 4: Annex 4 – Cookies Wix Inc. Party setting cookies: Wix Inc. Types of cookies: Functional/ Analytical / targeting When are the cookies set? When you first visit our Website We use a persistent cookie to enable you to store items in your shopping basket before you checkout. This cookie will remain on your device for 7 days. We use a cookie that will remain on your device until you leave our Website which enables users to subscribe to our newsletters and to confirm consent. We also set a cookie that will remain on your device until you leave our Website, which allows us to recognise you while you are browsing our Website so that you do not need to keep logging in. It also allows us to monitor and detect any fraudulent requests sent to our Website. Description: Wix Inc. uses first-party cookies (set to the domain of the retailer's page). Data stored inside this cookie includes: ● Unique visitor ID (random ID) ● Email address of contact if they identified / logged in ● Basket contents when navigating the website ● Traffic source for this visit and first visit ● Number of pages viewed ● Time of first and last event The data stored in the cookie is appended to the 'interaction tracking data', which is used to track active visitors on the Website.
Returns Policy
If you want to return a Product because it is not as described or you change your mind within 15 days of purchase, you may do so by writing to info@voyagerhealth.in. Be sure to include your order number and reason for return. Once a return request is received, a RMN number be will be generated by us and sent to you. A return is considered to be initiated only when this RMN number is assigned. Once this is done, returns process (verification of purchase & refund) will be completed with 15 working days. Please note that our single-user products may only be returned for a refund provided it is new, unopened, unused, and in its original packaging with the manufacturer’s factory seal still intact. In cases where the delivery partner is unable to deliver to you because of invalid address or unable to contact you for delivery, and the product is returned to us, we will charge a restocking fee (which includes the cost of shipping back to our warehouse) of Rs 1000/- and refund the remaining amount to you.
Cancellation Policy
A confirmed order can be cancelled within 2 hours of placing the order. Any requests made after 2 hours cannot be cancelled as the order will be processed for shipping. A request for cancellation can be made by writing to info@voyagerhealth.in, please be sure to include your order number and reason for cancellation.
Warranty
All of our products are backed by a limited manufacturer’s warranty against any defects in materials and/or workmanship, when used in accordance with the product instructions for the respective warranty periods outlined below: Main Unit i.e. Pump Unit – 1 year from date of purchase. Washable Components included with the Pump Unit – 90 days from date of purchase. Additional Accessories – 90 days from date of purchase. These warranty periods shall run from the date of original purchase. Because VHPL cannot control the quality of products sold by unauthorized sellers, this limited warranty applies only to original purchasers of Thea Product(s) that were purchased from VHPL or a VHPL authorized seller in India. VHPL reserves the right to reject warranty claims from purchasers for Thea Product(s) purchased from unauthorized sellers, including unauthorized Internet sites. The warranty is also limited to the original, end-user purchaser. This warranty does not cover cosmetic deterioration or damage caused by general wear and tear, physical or natural destruction, accident, misuse, neglect, alteration to the product or other external causes. All of the Thea Products are single-user products. Use by more than one person may present a health risk and voids the warranty. As this is a single-user product, it may only be returned for a refund within 30 days of purchase provided it is new, unopened, unused, and in its original packaging with the manufacturer’s factory seal still intact. Any warranty claims must be supported with reasonable evidence, including proof of date of purchase, alongside these warranty conditions. VHPL reserves the right to a reasonable period of investigation to establish the cause of the defect. If you wish to make a warranty claim, please contact VHPL at info@voyagerhealth.in and have information available regarding where and when you purchased your Thea Product(s). If your request is approved, we will provide further guidance relating to providing your proof of purchase or any returns. Please note that, if applicable, you are responsible for costs incurred in mailing your product and/or proof of purchase. VHPL will repair or replace a defective Thea Product(s) that is covered by this warranty. In the event that VHPL decides to provide a replacement, any replacement will not renew or extend the duration of this warranty. There are no warranties which extend beyond those stated herein. Any implied warranties that may be applicable to the Thea Product(s), including implied warranties of merchantability or fitness for a particular purpose, are limited in duration to the duration of this warranty. Under no circumstances shall VHPL be liable for any special, incidental, or consequential damages based upon breach of this limited warranty, breach of contract or strict liability.
Shipping & Delivery
All orders placed before 12:00pm IST Mon-Fri (excluding public holidays), will be processed on the same day. Orders placed on Sat-Sun & public holidays will be processed the next working business day. Delivery can be expected between 3-6 business days for regular orders. If you require your order more urgently, please reach out to our customer care via whatsapp on +91-9900042307, where you will be presented with other available expedited shipping/delivery methods at an additional cost. **Please note that in case of orders not delivered because of wrong delivery address given by the customer, or the customer not being available to take delivery of the package from courier service, such orders will be considered final sale and not refunded and cannot be cancelled, unless it is returned successfully by the delivery partner back to our warehouse. In such cases, where it is returned to our warehouse, please see our refund policy for information on refunds** Please note we only ship within India at the moment.
Terms & Conditions - App & Platforms
This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the English version shall prevail. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND OUR APPS This document is a legally binding agreement between you and Voyager Health Private Limited. This agreement constitutes terms of use (together with the documents referred to in it, including our Privacy Policy which govern the terms on which you may make use of our Théa apps and the www.lovethea.com website (together “our Platforms”). Please read these terms of use carefully before you use our Platforms. We recommend that you keep a copy of these terms of use for future reference. PLEASE NOTE: The Théa app is designed to complement the théa breast pump, however, it does not control (directly or indirectly) or impact the working of the théa breast pump. The théa app is merely an optional tool to manually record the volume of milk expressed after a pumping session. The théa breast pump operates independently of the théa app. We provide information on our Platforms to help you get the most out of our products and services. However if you have or suspect you might have a health condition the information on our Platforms is not intended to replace medical advice. A qualified medical professional will always be in the best position to assess your condition and make recommendations. Please consult our FAQs page or contact customer service at in info@voyagerhealth.in for any further information you need about our Platforms, products and services. You may also contact us if you would like clarification of any of these terms and conditions. 1. Information about us Our Platforms are operated by Voyager Health Private Limited (“we/our/us”). We are a company registered in India. Our App is designed & provided to us under our direction by our sister concern Hemage Innovations Private Limited (HIPL). To contact us, please email info@voyagerhealth.in, to contact HIPL regarding the App specifically, please email hemage.blr@gmail.com 2. The effect of these terms By using our Platforms you accept these terms. If you do not agree to these terms, you must not use our Platforms. Ensure that others are aware of these terms. You are responsible for ensuring that all persons who access our Platforms through your internet connection or mobile devices are aware of these terms of use and other applicable terms and conditions, and that those individuals comply with such terms. We may make changes to these terms. We may amend these terms from time to time. Every time you wish to use our Platforms the terms which are in place at that time will apply. Please check these terms to ensure you understand the terms that apply at that time. 3. Your rights and obligations when you use our Platforms How you may use material on our Platforms We are the owner or the licensee of all intellectual property rights in the layout, design, content and graphics on our Platforms, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The trade mark ‘théa’ is registered and is licensed solely to us to use. You may not use those trade marks in any form (including framing, as meta tags or other text) without our prior written approval. You may print off one copy, take screenshots or download extracts, of any page(s) from our Platforms for your personal use and you may draw the attention of others within your organisation to content posted on our Platforms. You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not create any derivative work or make any adaptation to any work displayed on our Platforms without our prior written consent. Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged. You must not use any part of the content on our Platforms for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Platforms in breach of these terms of use, your right to use our Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Keep your account details safe Account details include your name, identification name, email address and account password. Your account details may also include you delivery and billing address when you use the www.lovethea.com website. You must treat your account details as confidential. You must not disclose your account details to any third party. If you know or suspect that anyone other than you knows your user identification name or password, you must promptly notify us at info@voyagerhealth.in Accuracy and completeness of information We are constantly updating and improving the content provided via our Platforms. As such, it is possible that the products or information provided to you via our Platforms may be unavailable, not as described or otherwise inaccurate. You expressly agree that information obtained by you from our Platforms shall create no warranty on behalf of us. You expressly agree that any offer of a product which is unavailable or not as described does not constitute a legal offer for the purpose of forming a legally binding contract. The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely. We recommend that you obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms. Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied that the content on our Platform is accurate, complete or up to date. Please consult the FAQS page or contact customer service at info@voyagerhealth.in if you would like us to clarify any of the information provided by us on our Platforms. Uploading content to our Platforms Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out under the heading “Acceptable Use” below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms constitute a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with these terms and conditions. You are solely responsible for securing and backing up your content. We only provide out Platforms for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 4. Our rights and obligations when you use our Platforms Termination. We reserve the right to terminate this agreement, and/or the right to terminate or suspend your access to our Platforms or disable your account, at any time if in our reasonable opinion your use of the Platforms breaches any of our terms and conditions, which can include a breach of these terms and conditions of use, a breach of our privacy policy or a breach of our terms and conditions of sale. Privacy. We are required to keep your personal data safe and secure, and to control and process it in accordance with the applicable laws in India. Please see our privacy policy for more information. We are not responsible for website/content we link to. Where our Platforms contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We make no representation or warranty, and accept no liability, for material published on any website which is not under our control. User generated content is not approved by us. Content uploaded to, or linked through, our Platforms should not be interpreted as approval by us of that content or information. We make no representation or warranty, and accept no liability, for material published on our Platforms which is user-generated. We may make changes to our Platforms. We may update and change our website and our app(s) from time to time to reflect changes to the advice we recommend, information, products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes. We may suspend or withdraw our Platforms. We provide our Platforms to you free of charge. We do not guarantee that our Platforms, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for any reason and at any time. Where, in our view, it is appropriate to do so, we will try to give you reasonable notice of any suspension or withdrawal. We have rights to use the material you upload. When you upload or post content to our site, you grant us a non-exclusive, worldwide, royalty free, revocable licence to use that content, provided that such use complies with our requirements under privacy and data protection laws. 5. Acceptable use of our Platforms Prohibited uses of our Platforms. The following uses of our Platforms are prohibited: Use in any way that breaches any applicable local, national or international law or regulation. Use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Use the purpose of harming or attempting to harm minors in any way. Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these terms and conditions. Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Transmitting any materials which are not your own, or that you do not have a right to transmit. Knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Impersonate any entity or person, or otherwise falsely state or misrepresent an affiliation with us, our affiliates or any other person or entity. Accessing or attempting to access another user’s account without that person’s consent. Allowing others to access your account, selling access to, reproducing, duplicating or copying any content on the Platforms and/or your account in contravention of these terms. Contributions uploaded to our Platforms. Any contribution you upload to out Platforms must be accurate, be genuinely held and comply with the applicable law. Content must not: Be likely to deceive any person. Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful, inflammatory, of a sexually offensive or discriminatory nature. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right or trade mark of any other person Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. 6. Linking to our Platforms You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our Platforms in any other platform that is not owned by you. Our Platforms must not be framed on any other platform, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The platforms in which you are linking must comply in all respects with the acceptable use standards set out under the heading “Acceptable Use” of these terms and conditions. If you wish to link to or make any use of content on our Platforms other than that set out above, please contact info@voyagerhealth.in for our permission which may, at our sole discretion, be withheld. 7. Your health We care about your health and all the information we provide is intended to help you make the best decisions about your own care and wellbeing. However no two customers are the same and advice that may be right for one user may not be right for another. There is no replacement for specialist medical advice from a qualified professional and we strongly recommend you seek such advice before using our products or services, or relying on the information provided via our platforms. This is particularly important if you have any known pre-existing conditions. By agreeing to these terms you agree that you will seek specialist medical advice from a qualified professionals before using our products and services and before relying on information provided via our Platform. 8. Limitation of liability We hereby expressly exclude, to the fullest extent permitted by applicable laws, our liability for any direct, indirect, incidental, special or consequential damages which arise as a result of loss due to you using our Platforms, the information provided to you via our Platforms, or the use of our products, even if foreseeable. We provide no warranty that our Platforms’ functionality will be uninterrupted, not that the Platforms will be available, secure, free of viruses or other harmful components. We provide no warranty as to the accuracy, quality or fitness for purpose of the information or content displayed on the Platforms. Nothing in this provision affects our or our contracts’ liability for death or personal injury arising from negligence, nor does it exclude liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law. To the extent that your statutory rights as a consumer cannot be limited, these terms do not limit such rights. 9. Indemnity You agree to indemnify and hold us, our officers, directors, employees, licensors and other connected persons harmless from any claim, proceedings or demand made by a third party due to, or arising as a result of, a violation by you of our terms and conditions (including our privacy policy and terms and conditions of sale), or any applicable laws, regulations or third party rights. 10. Governing law and jurisdiction These terms and conditions (and any dispute arising out of, or related to them) shall be governed by the laws of India. You hereby submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka in relation to these terms and conditions (and any dispute arising out of or related to them).