Last updated on 28th Oct 2020 (v1.07)
These Terms and conditions applies to the online services offered by Beingnurse Technologies Private Limited (herein after referred to as the "BTPL") at beingnurse.com, its subdomains and Being Nurse® App on Google Play Store collectively known as "App" (herein after referred to as the "App"). These terms and conditions of use ("Terms") constitute a legal agreement between you and BTPL. Use of the App constitutes your unconditional acceptance of these Terms herein and by all terms, policies and guidelines incorporated by reference. These Terms apply to your use of the App, and do not alter in any way the terms or conditions of any other agreement you may have with BTPL, its subsidiaries or affiliates. If you are using the App on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify BTPL for violations of these Terms. If you do not agree with these terms, please do not use the App.
In consideration of your use of the App, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the App ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify BTPL immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to BTPL via there App or by any other medium. Please refer to our Privacy Policy (https://www.beingnurse.com/privacy.html) for more details on how we collect, store, use, and retain your data on the App.
These Terms & Conditions, specially for employers/recruiters, are in addition to the other generic Terms & Conditions listed on the page which are common to all the users of the App. Any violation of these T&Cs may result in an employer's jobs being declined for publication on Being Nurse® App or his/her account being permanently blocked.
These Terms & Conditions, specially for nurse users, are in addition to the other generic Terms & Conditions listed on the page which are common to all the users of the App. Any violation of these T&Cs may result in a nurse's job application being declined or his/her account being permanently blocked.
The App is owned and operated by BTPL. All the content featured or displayed on the App, including, but not limited to, text, graphics, data, images (photographic and moving), illustrations, software and selection and arrangement thereof ("Content"), is owned by BTPL. All elements of the App, including, but not limited to, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under this, or other written license or agreement with BTPL, no portion or element of the App or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of BTPL, its licensors or its third-party image partners.
The App and its Content are intended for Users of Being Nurse® App, the division of BTPL. You may not use this App or the content for any purpose, which is not related to your business with Being Nurse App. Any use of the Content, this App or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, pass codes or other permissions that may have been granted by Being Nurse App on behalf of BTPL for use of the App. You are specially prohibited from: (i) copying, or retransmitting any or all of the App or the Content without, or in violation of, a written license or agreement with BTPL; (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the App or the content by using, framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe any party for any the App if you are not expressly authorized by such party to do so; and (v) using the App or Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable regulations, including, without limitation, those relating to the internet, data, e-mail, privacy and the transmission of technical data exported from India or the Country in which you reside.
At many places in on Being Nurse® App, you shall find links to other websites/apps. This links have been placed for your convenience. This Office is not responsible for the contents and reliability of the linked websites and does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on this Website should not be assumed as endorsement of any kind. We can not guarantee that these links will work all the time and we have no control over availability of linked pages.
We do not object to you linking directly to the information that is hosted on Being Nurse® App and no prior permission is required for the same. However, we would like you to inform us about any links provided to Being Nurse® App.
You agree to defend, indemnify and hold harmless BTPL, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the App, your conduct, your use or inability to use the App, your breach or alleged breach of the App Terms or of any representation or warranty contained herein, your unauthorized use of the Content, or your violation of any rights of another. Further you shall indemnify BTPL, its subsidiaries, its affiliates and licensors against any loss, expense, cost or damage incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or the App.
You hereby expressly agree that once you or any other person have started the process of downloading content from the App by expressly, without reservation, agreeing to the terms and conditions of the App and license agreement, by clicking and accepting them and have further submitted your credit card/ any other card details to the App/internet banking service provider for payment and your account gets debited no chargeback claim/dispute with regard to the failure of delivery of Product/ Content or the use/misuse of such credit card or any other card, led by you/on your behalf with the Credit Card Provider/Internet banking service provider or any Bank/Financial Institution shall be binding on BTPL or BTPL's Merchant Bank. You accept and take full responsibility towards the ownership/possession and use of your credit card or any other card. You expressly waive and consciously give up any/all rights you may have in law or in any agreement between you and the credit card or any other card provider/internet service provider or under network rules and regulations to raise any dispute to claim any charge back or any process fee from any Bank/Financial Institution/ Internet banking service provider affecting BTPL in any manner pecuniary or otherwise on any grounds whatsoever including non delivery of Product/Content or fraudulent or improper transactions by the unauthorized/improper use of your credit/debit card or any other card. This understanding that you will have no right to claim any charge back is a material condition of this agreement and once you hereby expressly agree to it you shall be stopped from challenging/disputing it in any adjudication/proceeding before any Bank/Financial institution/ Internet banking service provider or Court or otherwise. Without prejudice to BTPL's right to defend its interest(s), BTPL shall not be made a party to any chargeback proceedings before any Bank/Financial institution/ Internet banking service provider or court and in no case be required to prove the transaction effected by the use of your credit/debit or any other card was legitimate and genuine, or that BTPL has actually provided you the downloaded content. Please refer to our Refund & Cancellation policy (https://beingnurse.com/refund-and-cancellation-policy.html) for more details.
No action of BTPL, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, it will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on the App, any license contained on the App and any other information or license terms without prior notice. These Terms set out the entire agreement between BTPL and you relating to your use of the App. Any rights not expressly granted herein are reserved.
This App and its content are provided "as is" and BTPL and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or completeness for a particular purpose. BTPL will not be liable for any damages of any kind arising from the use of this App. The functions embodied on or in the materials of this App are not warranted to be uninterrupted or without error. You, not Being Nurse, assume the entire cost of all necessary care or correction due to your use of the App or content. BTPL makes no warranty that the App or the content is free from infection by viruses or anything else that has contaminating or destructive properties. BTPL uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties for the same. Images of people or places displayed on the App are either the property of, or used with permission by, BTPL or third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specially permitted by these Terms or special permission provided elsewhere on the App or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws.
The information contained in the multimedia content ("Content") posted represents the views and opinions of the original creators of such Content and does not necessarily represent the views or opinions of Being Nurse® App. The mere appearance of Content on the Being Nurse® App and website does not constitute an endorsement by Being Nurse® or its affiliates of such Content.
The Content has been made available for informational and educational purposes only. Being Nurse® does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Content. Being Nurse® does not warrant the performance, effectiveness or applicability of any sites listed or linked to in any Content.
BTPL's Trademarks, the Being Nurse® logo, and any other product or service name or slogan contained in the App are trademarks of BTPL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BTPL or the applicable trademark holder. You may not use meta-tags or any other "hidden text" utilizing content or any other name, trademark or product or service name of BTPL without our prior written permission. In addition, the look and feel of the App, including all page headers, App name and logo, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BTPL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
BTPL reserves the right to change any of the terms and conditions contained in the App Terms or any policy or guideline of the App, at any time and in its sole discretion. Any changes will be active immediately upon posting on the App. Your continued use of the App following the posting of changes will constitute your acceptance of such changes. We encourage you to review the App Terms whenever you visit the App.
Notwithstanding any of the App Terms, BTPL reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the App.
All license agreements, use or any issues arising out of any activity regarding the use of the App will be governed by the laws of India and subject to exclusive jurisdiction of courts in the State of Rajasthan.