Terms Of Service

This document is an electronic record in accordance with Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and therefore does not require any physical or digital signatures.

Your use of the BreatheEasy website (www.breatheeasylabs.com) (hereinafter referred to as “BreatheEasy / BreatheEasy Website/Website”) and its services and tools are governed by the following Terms & Conditions (“Terms of Use”). Whenever any transaction is done on the website you will be subjected to the policies that are applicable to the website for such a transaction.

Use of BreatheEasy is available only to persons who form a legally binding contract under the Indian Contract Act, 1872, and if you are a minor i.e. under the age of 18 years, you may use BreatheEasy only with the involvement of your parents or guardian.

For the purpose of these Terms of Use, wherever the context so requires “You” shall mean any natural or legal person who has agreed to become a member of the website by providing registration data, while registering on the website as a registered user.

When you use any of the services provided by BreatheEasy, including but not limited to customer comments, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as a part and parcel of this Terms of Use. BreatheEasy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any given time. It is your responsibility to check the Terms of Use periodically for changes. Your use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BreatheEasy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

Accessing, browsing or otherwise using the site indicates your acceptance to all the Terms of Use in this agreement, so please read this agreement carefully before proceeding.

Membership Eligibility

Commercial transactions through the BreatheEasy website shall be permitted only to those persons who are competent under the law to enter into a legally binding contract viz. Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Act including minors, un-discharged insolvents, etc. are not eligible to enter into any commercial transaction through the BreatheEasy website.

Your Account and Registration Obligations

If you use BreatheEasy website, you will be responsible for maintaining the confidentiality of your User ID & Password and you will be responsible for all the activities that occur under your User ID You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or BreatheEasy has the reasonable grounds to suspect such information which is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, BreatheEasy has the right to indefinitely suspend or terminate or block access of your User ID and refuse to provide you the website access.

Communications

When you use the website or send emails or other data, information or communication to BreatheEasy, you agree and understand that you are communicating with BreatheEasy through electronic records and you consent to receive communications via electronic records from BreatheEasy periodically, as and when required. BreatheEasy may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges

BreatheEasy reserves the right to charge a fee and change its policies from time to time. In particular, BreatheEasy may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, BreatheEasy reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services without any notice to you. Changes to the fee and related policies shall automatically become effective immediately once implemented on BreatheEasy website. Unless otherwise stated, all fees shall be charged in Indian Rupees. You shall be solely responsible for compliance of all applicable laws when making payments to BreatheEasy.

Use of Website

You agree, undertake and confirm that your use of BreatheEasy shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

Belongs to another person and to which you do not have any right to; or
That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing, including but not limited to “Indecent Representation of Women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
Misleading in any way; or
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
Harasses or advocates harassment of another person; or
Involves in the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
Infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; or
Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright Complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
Contains video, photographs, or images of another person without his or her express written consent and permission or permission/consent from his/her guardian in the case of minors; or
Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
Engages in commercial activities and/or sales without prior written consent from BreatheEasy such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the sites. Throughout this Terms of Use, BreatheEasy “prior written consent” means a communication coming from BreatheEasy legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or
Solicits gambling or engages in any gambling activity which BreatheEasy, in its sole discretion, believes is or could be construed as being illegal; or>
Interferes with another user’s for use and enjoyment of the BreatheEasy website or any other individual’s user and enjoyment of similar services; or
Refers to any website or URL that in the sole discretion of BreatheEasy, contains material that is inappropriate for BreatheEasy website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
Harm minors in any way; or
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
Violates any law for the time being in force; or
Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
Impersonate another person; or
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contain any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
Threatens the unity, integrity, defense, security and sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
Shall not be false, inaccurate or misleading; or
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
Shall not create liability for BreatheEasy or cause BreatheEasy to lose (in whole or in part) the services of our ISPs or other suppliers.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the BreatheEasy website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the BreatheEasy website, BreatheEasy reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of BreatheEasy website, or any other systems or networks connected to BreatheEasy website or to any BreatheEasy server, computer, network, or to any of the services offered on or through the BreatheEasy website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the BreatheEasy website or any network connected to the BreatheEasy website nor breaches the security or authentication measures on the BreatheEasy website or any network connected to the BreatheEasy website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the BreatheEasy website, or any other customer of BreatheEasy, including any BreatheEasy account not owned by you, to its source, or exploit the BreatheEasy website or any service or information made available or offered by or through the BreatheEasy website, 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 on the BreatheEasy website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BreatheEasy website or BreatheEasy systems or networks, or any systems or networks connected to the BreatheEasy website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the BreatheEasy website or any transaction being conducted on the BreatheEasy website, or with any other person’s use of the BreatheEasy website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BreatheEasy on or through the BreatheEasy website or any service offered on or through the BreatheEasy website. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
You may not use the BreatheEasy website 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 BreatheEasy or others.
Solely to enable BreatheEasy to use the information you supply us with so that we are not violating any rights. You might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Your Information, in any media now known or not currently known, with respect to your information, BreatheEasy will only use your Information in accordance with this Terms of Use and BreatheEasy Privacy Policy.
You shall not engage in advertising to or solicitation of, other users of BreatheEasy to buy or sell any products or services, including, but not limited to, products or services currently displayed on BreatheEasy or related to BreatheEasy. In any way, you may not transmit any chain letters or unsolicited commercial or junk email to other users via BreatheEasy. It will be a violation of these Terms of Use to use any information obtained from BreatheEasy in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of BreatheEasy without BreatheEasy prior explicit consent. In order to protect our users from such advertising or solicitation, BreatheEasy reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which BreatheEasy deems appropriate in its sole discretion.
You understand that BreatheEasy has the right at all times to disclose any information (including the identity of the persons providing information or materials on the BreatheEasy website as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, BreatheEasy can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as BreatheEasy, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
BreatheEasy reserves the right but has no obligation, to monitor the materials posted on the BreatheEasy website. BreatheEasy shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of BreatheEasy, you remain solely responsible for the content of the materials you post on the BreatheEasy website and in your private messages. Please be advised that such content posted does not necessarily reflect the views of BreatheEasy. In no event shall BreatheEasy assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on BreatheEasy. You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through BreatheEasy, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. BreatheEasy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on BreatheEasy.
It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on BreatheEasy and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you on the public forum due to your use of BreatheEasy, and that the recipient may use such information to harass or injure you. BreatheEasy does not approve of such unauthorized uses but by using the BreatheEasy website, you acknowledge and agree that BreatheEasy is not responsible for the use of any personal information that you publicly disclose or share with others on BreatheEasy. Please carefully select the type of information that you publicly disclose or share with others on BreatheEasy, or from BreatheEasy on other social platforms (eg, but not limited to Facebook, Instagram, etc).
BreatheEasy shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Website

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content on BreatheEasy website is owned, controlled or licensed by or to BreatheEasy, and is protected by trade dress, copyright, patent & trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of BreatheEasy and no content to be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, servers, website or other medium for publication or distribution or for any commercial enterprise, without BreatheEasy prior written consent.

You may use the information on BreatheEasy products and services purposely made available by BreatheEasy for downloading from the website, provided that you:

Do not remove any proprietary notice language in all copies of such documents; or
Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
Make no modifications to any such information; or
Do not make any additional representations or warranties relating to such documents.

Other Businesses

BreatheEasy does not take responsibility or liability for the actions, products, content, and services on the BreatheEasy website, which are linked to affiliates and/or third-party websites using BreatheEasy APIs or otherwise. In addition, BreatheEasy may provide links to the third party websites of affiliated companies and certain other businesses for which, BreatheEasy assumes no responsibility for examining or evaluating the products and services offered by them, and BreatheEasy does not warrant the offerings of any of these businesses or individuals or the content of such third party website(s). BreatheEasy does not in any way endorse any third party website(s) or content thereof.

Mandatory Declaration

You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified when placing an order on BreatheEasy website
You further declare that the product will be acquired for the personal use of the Consignee and/or Buyer. The product will not be sold, resold, bartered or in any way disposed of for profit.

Disclaimer of Warranties and Liability

All the material, products, and services, included on or otherwise made available to you through this site are provided by BreatheEasy “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, BreatheEasy does not warrant that:

This website will be constantly available, or available at all; or
BreatheEasy will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, BreatheEasy website.
BreatheEasy does not warrant that this website; information, content, material, product or services included on or otherwise made available to you through BreatheEasy website; their servers; or electronic communication sent from BreatheEasy are free of viruses or other harmful components.
Nothing on BreatheEasy website constitutes or is meant to constitute, advice of any kind.
All the products sold on BreatheEasy website are governed by different state laws and if BreatheEasy is unable to deliver such products due to the implications of different state laws, BreatheEasy will return or will give credit for the amount received by BreatheEasy from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on BreatheEasy website. By registering your phone number with us, you consent to be contacted by BreatheEasy via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Payment

(1) While availing any of the payment method(s) offered at BreatheEasy Website, BreatheEasy will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

I. Lack of authorization for any transaction(s); or
II. Exceeding the preset limit mutually agreed by you and between your “Bank(s); or
III. Any payment issues arising out of the transaction, or
IV. The decline of transaction for any other reason(s).

(2) All payments made against the purchase/services on BreatheEasy website by you shall be compulsorily in Indian Rupees accepted by the Union of India. BreatheEasy does not accept any other form of currency with respect to the purchases made on BreatheEasy website.

Breach

Without limiting other remedies, BreatheEasy may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the BreatheEasy website in the event, but not limited to:

I. If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;

II. If BreatheEasy is unable to verify or authenticate any information you provide; or

III. If it is believed that your actions may cause legal liability for you, other users or BreatheEasy.

BreatheEasy may at any time at its sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with BreatheEasy or use the BreatheEasy website in any manner whatsoever until such time that such user is reinstated by BreatheEasy. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rulers and policies, BreatheEasy reserves the right to recover any amounts due and owed to BreatheEasy or to take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless BreatheEasy its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Rules & Policies, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction will be exclusively in Delhi.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the product and services displayed on BreatheEasy website are presented solely for the purpose of sale in India. BreatheEasy makes no representation that product and services BreatheEasy website are appropriate or available for use in locations/Countries other than India. Those who choose to access this site from locations/Countries other than India do so on their own initiative and BreatheEasy is not responsible for the supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright, and Restriction

This website is controlled and maintained by BreatheEasy. All material on this website, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by BreatheEasy or by other parties that have licensed their material to us. Material on BreatheEasy web site owned, operated, licensed or controlled by BreatheEasy is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the BreatheEasy, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and it is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Copyright Complaint

We at BreatheEasy respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at alert@BreatheEasyLabs.com

Risk of Loss

All items purchased from BreatheEasy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Description

BreatheEasy tries to be as accurate as possible on behalf of its vendors. However, BreatheEasy does not warrant that product description or other content of this website is completely accurate, complete, reliable, current, or error-free.

Pricing/Typographical error

If BreatheEasy comes across any difference in pricing resulting from typographic errors with respect to pricing or product information on BreatheEasy website, BreatheEasy shall have the right to rectify the same or cancel the order(s) and refund money, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Refund for the Cash on Delivery will be done by cheques.

15 Day Replacement Guarantee

Please refer to the return & refund policy for information.

Cancellation of Order

BreatheEasy reserves the right to cancel any order without any explanation for doing so, under situation where BreatheEasy is not able to meet the requirement of the order placed or order so placed/canceled does not comply with BreatheEasy policy or order has invalid address/incorrect information or for any other reason. However, BreatheEasy will ensure that communication of cancellation of an order, so canceled, is intimated within appropriate time to the concerned person and any applicable refund will be made in a reasonable time.

Terms & Conditions for Promotions/Offers/End of Season Sale (EOSS)

Sale/discount applies to selected items only. Although there are many brands on SALE, there might be some exclusion(s).
The Promotions/Offers/End of Season Sale runs till stocks last. Sale up to 50% off does not imply that all products are on discount.
Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the website may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
All offers are non-transferable and have no cash value.
BreatheEasy reserves the right to extend/terminate/amend/add/remove/modify (in whole or part) the offers/sale, without further information at any point of time and BreatheEasy decision in this regard shall be final and requires no intimation to the customer of any sort.
In case of any query pertaining to the schemes, please email customer care at alert@BreatheEasyLabs.com or call @ 1800-270-0435

Limitation of Liability

In no event, BreatheEasy shall be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if BreatheEasy has been informed in advance of the possibility of such damages.

Our Contact

Please send questions or comments regarding copyright infringement to alert@BreatheEasyLabs.com