Terms of Service

www.breasycare.com (“Website “) is an Internet based portal owned and operated by Consigliere Health, a company incorporated under the laws of India, with its registered office at_________________________, India and having CIN _____________. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Breasy™ at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

Breasy™ shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.breasycare.com to view the most current Terms of Use. You can determine when Breasy™ last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Breasy™ may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.breasycare.com.

Breasy™ agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Breasy™ shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.

The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Breasy™‘s various affiliate/ registered merchants/ vendors/service providers at a discounted price (“Services“). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale“)

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Breasy™ system by Breasy™ for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Breasy™ through Your legal guardian in accordance with the applicable laws.

Breasy™ reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

Breasy™ makes the Services available to You through the Website only if You have provided certain required User information and created an account (“Account“) through Breasy™ ID and password or other log-in ID and password, which can include a Facebook, Gmail, YahooID or any other valid email ID (collectively, the “Account Information“). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms“). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Breasy™ of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Breasy™ cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.

You may be held liable for losses incurred by Breasy™ or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Breasy™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Breasy™ the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

Breasy™strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Breasy™ expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

Breasy™ shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Breasy™ with our acquiring bank from time to time.

Subject to compliance with the Terms of Use, Breasy™ grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Breasy™ . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Breasy™ disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Breasy™ server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Breasy™ , including any Breasy™ Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; Use the Website or any material or 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 Breasy™ or other third parties; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate any applicable laws or regulations for the time being in force within or outside India; Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

You agree that You are solely responsible to Breasy™ and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Breasy™ or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that Breasy™ is not the seller of the products and the services and Breasy™ shall in no manner be deemed to be the seller of the products or services on this Website. Breasy™ is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.

You agree that Breasy™ may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Except as expressly indicated to the contrary in any applicable Additional Terms, Breasy™ hereby grants You a non-exclusive, freely revocable (upon notice from Breasy™), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions: You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use; You may not modify or alter product catalogues or any other materials available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Breasy™.

Any software that is available on the Website is the property of Breasy™ or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Breasy™.

Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

Delivery of the Product Your shipping address, pin code will be verified with the database of Breasy™ before You proceed to pay for Your purchase. In the event case your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Breasy™ , in such cases Breasy™ will not be responsible for the non-delivery of the product. Breasy™ doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India. In case you book multiple orders for the Products and Services in one transaction, Breasy™ would endeavour to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website

You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

Breasy™ shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Breasy™ with our acquiring bank from time to time

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Breasy™ and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Breasy™ or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Breasy™, the vendor or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Breasy™ Healthcare owns all intellectual property rights to and into the trademark “Breasy™”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Breasy™ or thirty party owner of such Content.

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from Breasy™ . The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Breasy™ does not provide any guarantee with respect to any the Third Party Content and Breasy™ shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Breas™ ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Breasy™ MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Breasy™ OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Breasy™ WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Breasy™ ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

Breasy™ WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Breasy™ HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON
THE WEBSITE IS CORRECT, BUT Breasy™ NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Breasy™ SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Breasy™ SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Breasy™ CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Breasy™ IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Breasy™ ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

Breasy™ SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

You agree to indemnify, defend and hold harmless Breasy™ including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Breasy™ that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Breasy™ harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Breasy™ entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.

In no event shall Breasy™, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Breasy™ has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

You agree that Breasy™ may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Breasy™ determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Breasy™, for which monetary damages would be inadequate, and You consent to Breasy™ obtaining any injunctive or equitable relief that Breasy™ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Breasy™ may have at law or in equity.

You agree that Breasy™ may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If Breasy™ does take any legal action against You as a result of Your violation of these Terms of Use, Breasy™ will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Breasy™.

The Terms of Use will continue to apply until terminated by either You or Breasy™ as set forth below. If You want to terminate Your agreement with Breasy™, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Breasy™ has made this option available to You.

Breasy™ may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if: You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); Breasy™ is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); The provision of the Services to You by Breasy™ is, in Breasy™’s opinion, no longer commercially viable; Breasy™ has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

Breasy™ may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include:
(i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Breasy™’s sole discretion and that Breasy™ shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Breasy™ chooses to terminate them.

f You or Breasy™ terminates Your use of the Website, Breasy™ may delete any content or other materials relating to Your use of the Website and Breasy™ will have no liability to You or any third party for doing so.

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Breasy™ shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Breasy™ shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Breasy    customer support.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Breasy™ in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

You hereby expressly agree to receive communications from Breasy™ by way of SMS, e-mails and other mediums related to the services provided.

Notice: All notices of Breasy    will be served by email or by general notification on the Website. Any notice provided to Breasy™ pursuant to the Terms of Use should be sent to Breasy™ customer support

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Breasy™’s rights under the Terms of Use are freely transferable by Breasy™ to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by Breasy™ to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Breasy™ of that provision or right.

Any feedback You provide to this Website shall be deemed to be non-confidential. Breasy™ shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Breasy™ is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Breasy™ may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Breasy™ for the feedback under any circumstances.

Breasy™ reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, with any feature, whether similar to this or not, or to withdraw it altogether.

Breasy™ reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer. Copyright © The Copyright Act, 1957. Terms Of Offer For Sale These terms of offer for sale (“Terms of Offer For Sale“) between Breasy™ Health Products Retail Pvt Ltd d/b/a Breasy™ (hereinafter referred to as “Breasy™ Healthcare” or “Breasy™“) and the users of the Website (“You” or “Your” or “Yourself” or “User“) describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons (“Voucher/s“) or otherwise on the Website, www.wellness.breasyindia.com (“Website“). PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, TERMS OF OFFER FOR SALE ISSUED BY THE VENDOR OR ADDITIONAL TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY (“ADDITIONAL TERMS“) AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS OF OFFER FOR SALE AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE. IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

The Website is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by Breasy™ various affiliates/ registered merchants/ vendors/ service providers (“Vendor/s”). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher.

You acknowledge that Breasy™ has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Breasy™ may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Breasy™ may make to the Services. You agree that Breasy™ shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.

In furtherance of the Services provided and the eligibility criteria stated under the Terms of Use located at the homepage www.breasy.com, You shall be eligible to purchase Vouchers of a specific monetary value.

Breasy™ will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer for Sale and such other terms, if any, as specified by the Vendor.

Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don’t redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.

On making payment for the Voucher through any mode, including and not limiting to cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise.

Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.

Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.

Breasy™, through the Website also makes available of variety of branded products and merchandise at an agreed price to you. Purchase of such products will be subject to the Terms of Offer for Sale and such other additional terms, if any, as specified by us or the Vendor.

Breasy™ offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by Breasy    without any notice to You. Octroi charges, wherever applicable, is borne and paid by the Breasy™ and not to be borne by User.

All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.

The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP“) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws

In the event you purchase any electronic product/s from the Vendors, Breasy™ shall not be liable for any fault arising from this electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, Breasy™ shall recall the product/s upon your request and send it to the service station on your behalf. The personnel of service station shall directly get in touch with you for the cost incurred.

You should take all responsibility for your own actions in utilizing the services purchased by you and Breasy™ shall not be liable for any such action.

You represents that you are of legal age to form a binding contract with Breasy™ and are not a person barred from receiving services under the laws as applicable in India.

You confirm that Breasy™ shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.

Breasy™ does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Breasy™.

Breasy™ strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Breasy    does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.

While Breasy™ strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Breasy™ may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Breasy™ will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Breasy™ cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Breasy    expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card.

Your shipping address, pin code will be verified with the database of Breasy™ before You proceed to pay for Your purchase. In the event case your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Breasy™, in such cases Breasy™ will not be responsible for the non-delivery of the product. Breasy™ doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India. In case you book multiple orders for the Products and Services in one transaction, Breasy™ would endeavour to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels: a. Centre at +91 022-33993939; b. Writ form; to us at : metz.healthcare@breasyindia.com

Upon receiving Your complaint, Breasy™ shall verify the authenticity and the nature of the complaint and if Breasy™ is convinced that the complaint is genuine, Breasy™ will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Breasy™ reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Breasy™ in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and Breasy™ shall not in any manner be held liable for the same.

Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform Breasy    at the earliest. The return process of the product may be restricted by Breasy    depending on the nature and category of the product.

In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:
1. Please notify Breasy™ of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If You are unable to do so within 48-hours, Breasy™ shall not be held liable for the failure to replace the order;
2. Products should be unused;
3. Breasy™ will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Breasy™ is unable to do so, Breasy™ will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Breasy™;
4. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
5. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
6. The returned products are subject to verification and checks by Breasy™ in order to determine the legitimacy of the complaint/ return.

In the event the return of a product is duly accepted by Breasy™, the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and Breasy™ or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
1. Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by Breasy™;
2. For Cash on Delivery payments, You will be provided with a refund cheque.
3. If the product can be repaired by the service centre, Breasy™ would get the same repaired and send it back to You.
4. A promo code, once used shall not be refunded in case of cancellation of order either by customer or Breasy™.

Cancellation by Breasy™: There may be certain orders that Breasy™ is unable to accept and must cancel. Breasy™ reserves the right, at Breasy™’s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Breasy™’s credit and fraud avoidance department. Breasy™ may also require additional verifications or information before accepting any order. Breasy™ will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Breasy™ .

Cancellation by the User: In case of requests for order cancellations, Breasy™ reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Breasy™ receives a cancellation notice and the order has not been processed/ approved by Breasy™, Breasy™ shall cancel the order and refund the entire amount to You within a reasonable period of time. Breasy™ will not be able to cancel orders that have already been processed. Breasy™ has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Breasy™ and accept Breasy™’s decision regarding the cancellation.

Breasy™ reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Breasy™ as per certain criteria. Any Breasy™ Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz: Products ordered are not for self-consumption but for commercial resale Multiple orders placed for same product at the same address Bulk quantity of the same product ordered Invalid address given in order details Any malpractice used to place the order.

Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Breasy™ will not be held liable for failure of the Vendor to make available any product or service therein.

Breasy™ DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. Breasy™ MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND Breasy™ DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. Breasy™ ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.

Breasy™ SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND Breasy™ SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.

You agree to indemnify, defend and hold harmless Breasy™ from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Breasy™ that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.

In no event shall Breasy™, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Breasy™ has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Breasy™’s entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.

Breasy™ shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.

These Terms of Offer For Sale and the relationship between You and Breasy    shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Breasy    shall be subject to the exclusive jurisdiction of the courts at Mumbai and You hereby accede to and accept the jurisdiction of such courts. ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.