Terms Of Use

OVERVIEW

The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to your use of website hosted by Spectra at biotworld.in; Biot Device & related accessories item; Biot App on mobile platforms (Android, iOS) and the Services offered (collectively “BIOT” or “WEBSITE”) These services are offered from time to time by Spectra Technovision (India) Private Limited (“SPECTRA” or “WE”or “OUR”or “US” or “COMPANY”) and which are procured & consumed by user of Biots (“YOU”)

Please read these terms carefully before purchasing or signing up on the Biot App or using the website

The Terms of Use are subject to the your acceptance of our Privacy Policy available separately.

These Terms of Use and the Privacy Policy constitute a valid and legally binding agreement between You and Us. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By using the Biot, you agree to be bound by these Terms without any modification or qualification.

If you are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of operating Biot, unless expressly mentioned in these Terms of Use, kindly avoid using the Biot..

Any new features or tools which are added to the current Biot shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Biot following the posting of any changes constitutes acceptance of those changes.

REGISTRATION OF USER ACCOUNT

In order to access certain Biot Services, you may be required to open a User account with Biot by providing information about yourself (such as identification or contact details) as part of the registration process ( USER ACCOUNT”) for the Services, or as part of your continued use of the services. You agree that any registration data you give to us will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to Biot.

To access your User account on Biot, you will be asked to log in with your user ID and password, to establish a unique identity for You. You are responsible for maintaining the confidentiality of your password, verification code, and account information. If there is any compromise on your password you can change your password using the ‘Forgot Password’ functionality.

You will be required to enter a valid mobile number while registering on the Biot. By registering your mobile number with us, You consent to be contacted by us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.

The member who created and manage their User account on Biot and whose Payment Method is charged is responsible for any activity that occurs through the account.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

PRODUCTS OR SERVICES

Biot Device and related accessories items are available online through the website or can be procured from any authorised reseller partner.

Subsciption for Biot App is essential for operation and you need to subscribe to plan which are available separately through in-app purchase. You can opt for plan from the offered several subscription plans, some of which may have differing conditions and limitations.

We have made every effort to display as accurately as possible the specification and images of our products that on our website.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing or subscription plan are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product or subscription plan at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

These products are subject to return or exchange only according to our Return Policy.

SUBSCRIPTION

Your subscription to Biot services shall continue until expired or terminated. To use Biot app, you must have an Android or iOS mobile device and an internet connection.

You may have to provide us with one or more payment methods. “Payment Method” means a current, valid, accepted method of payment, and which may include payment through your account with a third party.

We may offer several subscription plans, some of which may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

You can find specific details regarding your existing Biot subscription under “User Profile”.

You can migrate to higher subscription plan at any time. New subscription plan will come into effect immediately and any amount due for old plan will be readjusted in new plan terms.

You may stop the subscription at any time for any reason, by following the instructions on Biot. We do not offer any refund.

BILLING

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website or in-app. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per user or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

By entering details of your preferred payment method, you authorize us to charge the medium associated with your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

The subscription charges vary from plan to plan, and will be clearly defined on the user interface. Rest assured, we do not charge anything additional over the charges for Biot’s services that have been communicated to you beforehand.

MODIFICATIONS TO PRICES AND SERVICE

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time.

We may change our subscription plans and the price of our services from time to time, the details of which shall appear on the relevant page of the app while going through in-app purchases.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SERVICES

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

During your subscription with Biot, we grant you a limited, non-exclusive, non-transferable right to access its services.

You may use Biot primarily within the country in which you have established your account and only in geographic locations where we offer our service.

You agree to use Biot, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service therein. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the app and its services.

Biot is developed by Spectra and may solely be used for physical access control and attendance management services. The software/app may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of Biot may require third-party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of Biot and related third-party software.

You agree that the Service may enable you to monitor attendance, control the access of door entry, track location of users and other relevant features offered with the subscribed plan. You agree that every such event is initiated and is authorised by you or your authorised admin user and Spectra shall have no liability in this regard. We shall not be liable for any services that you chose to avail on/from the Biot Platform. These additional services may be governed by specific policies.

Spectra does not guarantee the consistency or the stability of the Platforms. Further, any services provided by Spectra may be subject to change at our discretion and the Company does not require your permission for the same. While we want to ensure the best user experience, we do not represent or warrant that the services or our Platform will be error free or uninterrupted.

In case of hardware related issue, you will have to send the device to our or authorised service center for testing and repairing purpose. We do not provide any on-site support for Biot hardware. The mobile application support will be limited to chat, voice call or remote session. The said RMA complaint will be governed by product specific warranty terms.

LINKS TO THIRD PARTIES

Our website may contain links to other applications or websites owned by third parties (i.e. affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party\’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control. Any use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, \’comments\’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of India.

No one is allowed to use Biot for any purpose that is unlawful and illegal. Penetrating the app and implanting any virus, trojan, worm, contaminant, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer-related offences on the app is not allowed. Publishing or promoting or transmitting pornographic data or child pornographic details is not allowed. Carrying out any web hacking attacks on the app is not allowed. You understand, agree, and acknowledge that you may be held responsible for the above criminal, fraudulent, dishonest, and injurious activities under criminal offences’ sections 65, 66, 66A, 66B, 66C, 66D, 66E, 66F, 67, 67A, 67B, 84B and 84C of Indian Information Technology Act, 2000 including any amendments therein based on your IP address details. You further agree and acknowledge that you may be held responsible under section 43 and section 45 of Indian Information Technology Act, 2000, including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses, and other overheads like repairing, fixing and maintenance.

PRIVACY OF DATA

All details of Biot will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy.

CUSTOMER SUPPORT

To find more information about our service and its features or if you need assistance with your Biot device or account, please go to “Contact Us” and send us your query. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will be considered as primary.

LIMITS ON LIABILITY
We are dedicated to providing the best products and services to our customers, and specifying clear guidelines for their use. Our products and services are provided “as is”, and we cannot guarantee its safety, security, and perfect functioning all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We cannot predict if and when issues might arise with our products, and what impact they might have. Accordingly, our liability shall be limited to the fullest extent permissible by the applicable law, and under no circumstance will we be liable for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of these Terms of Use or our products and services. We do not warrant that the functions contained in the app will be uninterrupted or error-free, that defects will be corrected or that the app is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the app. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the app.

CHANGES TO TERMS OF USE

Spectra may, from time to time, change these Terms of Use.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Spectra and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ELECTRONIC COMMUNICATIONS

We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Biot.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

MISCELLANEOUS

If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. The section titles in these Terms and Conditions are for convenience only.

CONTACT INFORMATION

If you have any issues or grievance about our Terms of Use, do not hesitate to contact us at

admin@biotworld.in

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