Terms & Conditions
Welcome to BabyOnTrack.com, a home-monitoring solution that aims to improve the quality of care that a newborn receives at home, especially in the first few critical months of life. This website is owned and operated by BEMPU Health Private Limited. Our registered office is located at: 3C Alsa Glenridge Apt, 32, Langford Rd, Shanti Nagar, Bengaluru, Karnataka 560027. In using the BabyOnTrack.com service, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at firstname.lastname@example.org.
Terms and Conditions
You agree and confirm that the Terms of Service may be amended from time to time without prior notice to you. Please ensure that you periodically update yourself of the current version of the Terms of Service. Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. BabyOnTrack.com and BEMPU Health Pvt. Ltd., the parent Company, the owner of the Site, and professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services attained through the use of the Site, which is being provided on an "AS IS" basis as a platform to get health information.
All users must be 18 years or older.
The information on this Site (including but not limited to chat, emails, phone support) is provided for general informational purposes only and IS NOT a substitute for professional medical advice (including but not limited to evaluation or care from your physician or other qualified healthcare provider). Nothing on this Site shall be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information furnished on this Site and the interactive responses (if any) furnished by or through, this Site do not consist of professional medical advice. You agree to consult other sources for confirmation of the information contained within this Site, and to consult your own physician or other qualified healthcare professional regarding your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, you agree to always consult your physician or other qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a physician or other qualified healthcare provider immediately. IN SERIOUS CASES, SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY PERSONNEL AND IMMEDIATELY CONTACT THE EMERGENCY NUMBER IN YOUR COUNTRY. YOU MUST NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE (including but not limited to chat, emails, phone support). You agree that no medications, dietary supplements or treatments as may be described on this Site must be taken or begun without your first consulting your physician or other qualified healthcare provider. Reliance on any information provided by this Site, including but not limited to by any professional, BabyOnTrack and BEMPU Health employees, or other visitors to the Site, is solely at your own risk.
Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional who uses the Site. The Site does not prescribe medicine, and diagnose medical conditions. You will not use the Site to treat medical conditions or medical emergencies, or to advise or resolve legal, medical or financial issues. BabyOnTrack assumes no responsibility for the information contained on the Site, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Site. All advice and/or information obtained directly or indirectly from the Site are provided and used at your own risk.
For health advice in particular, but not exclusively, before acting on any of the advice, you shall confirm that such action is applicable and suitable by referring to your physician or other qualified healthcare professional or attaining the second and third opinion of other medical practitioners. You recognize there are limitations associated with consultations or other services exclusive of physical examination, in person advice or onsite and extensive investigations. Neither BabyOnTrack nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect, inaccurate, incomplete, or misleading information provided by this Site, including but not limited to by any professional, BabyOnTrack employees, or other visitors to the Site.
Access to the Site and Content (as defined below) may not be legal by certain persons or in certain states or countries. Whether you access the Site from within or outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of BabyOnTrack and its licensors, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms of Service for any reason whatsoever. BabyOnTrack makes no claim that the contents of the Site, including but not limited to the text, graphics, images and information obtained from service providers and any other material contained on the Site (the "Content") is appropriate or may be downloaded in a particular jurisdiction.
You also agree that you understand that the professionals that participate on the Site may or may not be affiliated with, employed by or agents of BabyOnTrack and that BabyOnTrack makes no representations or warranties as to the qualifications of any of the professionals who participate on the Site, even if, by way of example, but not limitation, BabyOnTrack has paid compensation to a professional for participating on the Site. Any listing, name, content, material of any professional or firm found on this Site does not constitute any endorsement or recommendation. When deciding to take advice and/or hire any professional or firm, you agreed to conduct your own independent research as to the accuracy of the credentials expressed on the Site.
BabyOnTrack may, without giving notice, delete any subscriber account or other information contained on the Site for any reason whatsoever. You shall not use the Site to post any advertisement or other commercial message, and shall not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message, or material that is invasive of another person's privacy. Upon receiving any complaints, BabyOnTrack, in its sole discretion, may delete any inappropriate posts and may attempt to delete them as quickly as possible; however, the posts are generally submitted in real-time and are not reviewed by BabyOnTrack before they are posted to the Site.
The Content is protected by copyright under both Central and State laws. Title to the Content remains with BabyOnTrack or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of the Terms of Service and may also violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Content otherwise than is permitted by these Terms of Service should be directed to email@example.com. Content and features on the Site, including these Terms of Service are subject to change or termination without notice in the sole discretion of BabyOnTrack . All rights not expressly granted herein are reserved to BabyOnTrack and its licensors. If you violate any of these Terms of Service, your permission to use the Site and the Content automatically terminates and you shall immediately destroy any copies you have made of any portion of the Content.
You agree that your use of the Site is of your own free will and is not guided by any promotional emails, phone calls or advertisements from BabyOnTrack or its affiliates or partners. THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of BabyOnTrack . Accordingly, BabyOnTrack assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. BABYONTRACK, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, BabyOnTrack makes no representations, warranties or guarantees about the following:
- The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
- The satisfaction of government regulations or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site.
To the fullest extent permitted by law, neither BabyOnTrack , its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages (including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages) resulting from the use or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BabyOnTrack is advised of the possibility of such damages.
To the fullest extent permitted by law any claims arising in connection with your use of the Site and any of its Content, must be brought by you within one (1) year after the date of the event giving rise to such action occurred. BabyOnTrack does not endorse any professional and is not a source of advertising, solicitation or legal advice on behalf of any professional. To the fullest extent permitted by law, BabyOnTrack is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
BabyOnTrack does not endorse any product advertised on the Site.
THE INFORMATION ON THIS SITE IS NOT EXHAUSTIVE AND IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED. Disclaimer of liability of BabyOnTrack, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of (i) the fees paid, if any, to BabyOnTrack for the particular information or service provided on this Site or (ii) Rs.100 (Indian Rupees). BabyOnTrack shall not be liable under any theory of indemnity. In no event shall BabyOnTrack be liable for any damages in excess of other than the amount referred to above. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF BABYONTRACK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BABYONTRACK EXPRESSLY DISCLAIMS AND DOES NOT WARRANT THAT THE FUNCTIONING OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY ERRORS WILL BE CORRECTED; THAT ANY INFORMATION ON THIS SITE IS COMPLETE, ACCURATE (ALTHOUGH BABYONTRACK STRIVES FOR ACCURACY), OR TIMELY (OR WILL BE UPDATED); AND THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIAL FROM THIS SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BABYONTRACK , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THIS SITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS SITE (Including but not limited to Chat, Email, Phone).
You agree that you shall indemnify, defend and hold harmless BabyOnTrack, its owners, managers, directors, employees, shareholders, agents, representatives, contractors, partners, advertisers, professionals and affiliates, from and against any and all claims, losses, liabilities, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including court costs and reasonable attorneys and consultancy fees), arising directly or indirectly, in whole or in part, out of your breach or threatened breach of these Terms of Service, or your use of the Site.
You agree that you are solely responsible for anything you post on the Site and that you agree to defend, indemnify, and hold BabyOnTrack , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Site. You further consent to abide by the spam policies. Failure to do so may result in cancellation of your account with BabyOnTrack . The use of this Site is entirely at your own risk, and in no event shall BabyOnTrack be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Site, or sites accessed through this Site, and/or content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
You expressly understand and agree that:
YOUR USE OF BABYONTRACK IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABYONTRACK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BABYONTRACK DOES NOT MAKE ANY REPRESENTATION OR WARRANTY:
1) that the Site will meet your requirements or is merchantable or fit for a particular purpose,
2) that the Site will be error-free or bug-free,
3) regarding the security, reliability, timeliness, or performance of the Site,
4) that any errors in the Site will be corrected,
5) accuracy, suitability or completeness of the information contained in the Site,
6) regarding the qualifications of the professionals that provide services or advice on the Site,
7) any incorrect information or advice provided by the professionals or contained within the Site,
8) for any medical, legal or financial events or outcomes related to services attained through the use of this Site, and
9) delay in calling back or reconnecting, to obtain complete advice from the professional,
10) any information or materials obtained by using this Site,
11) your choice to seek professional medical advice, or your choice of choosing a specific service/package based on the information provided through this Site, all of which is done at your sole discretion and/or risk.
You expressly agree that exclusive jurisdiction for any dispute with BabyOnTrack , or in any way relating to your use of the Site, resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Bangalore, India in connection with any such dispute including any claim involving BabyOnTrack or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Service are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms of Service constitute the entire agreement between the parties and supersede all other agreements relating to the subject matter, and set out the complete legal relationship between BabyOnTrack and you arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these Terms of Service, and any other agreement, these Terms of Service shall govern and control such conflict.
BabyOnTrack reserves the right to place any third party advertisements on the Site at any time and without notice or liability. You are prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever any of the data or other information contained on the Site, in whole or in part, in any medium whatsoever. BabyOnTrack shall in no event be liable to you or to anyone for any decision made or action taken by you in the reliance on information provided on the Site.
By using the Site, you agree to the Terms of Service.
- Information provided on this Site is courtesy of BabyOnTrack and its partners. The Site is provided on an AS IS and as available basis.
- BabyOnTrack reserves the right to change the Terms of Service at any time by posting notice of the changes to these Terms of Service on www.BabyOnTrack.com. You will be deemed to have been made aware of, and will be subject to, the changes to the Terms of Service after such notice has been posted. Your use of the Site, the services and the Content is subject to the above Terms of Service. If you find these Terms of Service unacceptable in any respect, you are not authorized to access or use this Site.
- BabyOnTrack gathers data from a variety of different sources. While we strive to provide the most accurate, up-to-date information possible, we do not guarantee that our listings are completely without error. If you feel some data is missing or inaccurate, you can submit updated information.
- The materials at the Site are not exhaustive, and the Content will not always reflect all the recent research in all areas of medicine. Information presents the more commonly found aspects of medical conditions which are likely to be of general interest, and for editorial reasons may not include certain substantive and commonly found phenomena.
- BabyOnTrack makes no representation or warranties of any kind, express or implied, on the Content or operation of this Site. BabyOnTrack makes no representations concerning the quality of the products and services listed on this Site, and information or links to other websites do not constitute a recommendation or endorsement by BabyOnTrack.
- Your correspondence or business dealings with, or participation in promos of, advertisers, merchants and professionals found on or through the Site, including payment and delivery of healthcare services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, merchant or professional. To the fullest extent permitted by applicable law, you agree that BabyOnTrack shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants and professionals on the Site.
- BabyOnTrack recommends users who find inappropriate content to contact us immediately in order that we may take such action as we in our sole discretion deem fit, including removing any content. In addition, BabyOnTrack reserves the right and its moderators are authorized to remove any material of which they are aware which violates these Terms of Service, or which BabyOnTrack, in its sole discretion, considers inappropriate.
THE SITE IS PROVIDED "AS IS" AND YOU USE THE SITE AT YOUR OWN RISK. BABYONTRACK DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER THAT THE SITE, THE CONTENT, OR ANY COMPONENTS THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE FREE FROM DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABYONTRACK HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ACCURACY, SECURITY, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT.
Fair Usage Policy
BabyOnTrack reserves the right to stop or defer answering questions in case of excessive use or unfair use of a subscription as determined by the BabyOnTrack Team in its sole discretion. This policy is applicable for all the users who are on any usage plan including the unlimited usage plan.
- Do not disclose any personally identifiable information including, but not limited to, your name, email address, phone number, and date of birth in any section of the Site, irrespective of whether you have paid for the service or not. Any information that you submit to BabyOnTrack is searchable by search engines.
- The information you submit to BabyOnTrack may be seen by service providers, such as doctors, or by operations and maintenance teams repairing and maintaining our technical systems. BabyOnTrack does not have non-disclosure agreements or any confidentiality arrangements with these parties, who may be able to access your information.
- BabyOnTrack may use the information you submit to BabyOnTrack to study results and produce reports. Such information may be shared with BabyOnTrack partners and advertisers under the sole discretion of BabyOnTrack.
- In the case of danger to self or others, and in the case of any legal investigation, BabyOnTrack has the right to share your information with the law enforcement authorities.
- BabyOnTrack's websites contain links to other sites. Please note that we are not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website collecting personal information.
- We will send emails to the email address you provide, and we will call the phone numbers you provide, if required. You are responsible for providing BabyOnTrack with updates to your contact information. BabyOnTrack is not responsible for any loss of information or privacy.
- BabyOnTrack uses Remarketing with Google Analytics to advertise online.
- Third-party vendors, including Google, show BabyOnTrack's ads on sites across the Internet.
- BabyOnTrack and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and deliver ads based on someone's past visits to the Site.
Changes in the Terms of Service
BabyOnTrack reserves the right to change the Terms of Service at any time by posting notice of the changes to these Terms of Service on www.BabyOnTrack.com. You will be deemed to have been made aware of, and will be subject to, the changes to the Terms of Service after such notice has been posted.
Your use of the Site, the services and the Content is subject to the above Terms of Service. If you find these Terms of Service unacceptable in any respect, you are not authorized to access or use this Site.