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TERMS OF SALE

Last Update: 1st Jan 2020 

These Terms of Sale (“Terms”) apply to all orders placed by you through GOQii website(www.goqii.com), Store.goqii.com, and GOQii mobile app(collectively the “GOQii Online Store”). By placing any order through the GOQii Online Store, you are agreeing to be bound by these Terms. You represent and warrant that you have the legal capacity to agree to these Terms. If you are under the age of thirteen, or any higher minimum age in your jurisdiction, you represent and warrant that you have obtained parental or guardian consent to enter into these Terms. If your order includes paid services, our Terms for Paid Services are hereby incorporated into these Terms. These Terms are between you and GOQii Technologies Pvt. Ltd., and, if applicable, the reseller appointed by GOQii Technologies Pvt. Ltd. as identified in the GOQii Online Store or in your order confirmation. In these Terms, “GOQii” and “we” mean GOQii Technologies Pvt. Ltd and/or its affiliates and, if applicable, any such reseller.

COVID-19

Due to constantly evolving situations, and as per the rules and regulations laid by the central and local governing authorities, orders during these difficult times will attract special terms and conditions.

  • Due to the restriction imposed by the government to curb the spread of the virus, deliveries can take longer than usual. It may take 10+ days to dispatch and deliver the order.
  • Orders will be dispatched according to the serviceable COVID-19 affected zones.
  • For all red zones or containment areas the orders will be held in the warehouse.
  • Delivery time depends upon the zone in which the area/pincode is classified.
  • Situations where the required product is out of stock and the same is ascertained during the time of dispatch, will be refunded at the earliest.
  • In case the customer has placed the order and wishes to cancel during the wait period, refund will be initiated at the earliest.
  • Once the product is dispatched and the customer wishes to cancel, it will be subject to standard deductions.
  • For all genuine manufacturing defect products, the reverse pick-up will be scheduled at a later date when the situations are normal.
  • The above-mentioned details can be changed or updated as per the updates received from the governing authorities.

RETURN POLICY

If the GOQii-branded device and/or accessory delivered to you has obvious damage upon receipt or is not the GOQii-branded device and/or accessory you ordered, you may request an immediate exchange/replacement if you meet the conditions set forth below. This return right does not apply to the purchase or renewal of any Paid Services, as defined in and governed by our Terms for Paid Services. Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or GST) do not qualify. You are responsible for all costs of returning the device and/or accessory to us. To qualify for a replacement, you must meet all the following conditions:

  • Request a replacement authorization within 48 hours of your delivery date;
  • Please keep the items in its original condition, with brand outer box, MRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up.
  • We may contact you to ascertain the damage or defect in the product prior to issuing replacement,
  • If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it or charge you a restocking fee of up to 15% of the original price.

Please note: Order once placed will not be refunded but can be replaced. In case of any manufacturing defects the same shall be replaced as indicated in the Warranty Statement.

LIMITED PRODUCT STATEMENT

This limited warranty shall apply only to GOQii products. For trackers, smart watches and smart scale defects under normal use circumstances and at the discretion of the company, GOQii shall provide free of charge replacement services within the warranty period.Please do read the coverage scope below. GOQii’s Limited Product Warranty does not apply to third party products or accessories that may be sold on the GOQii Online Store. For warranty issues related to those products, please contact that manufacturer.

Item Scope of Warranty Scope of Warranty Warranty Support Document
GOQii Vital 2 / 3.0, GOQii Vital ECG, GOQii Run GPS 1 Year(excluding strap) Manufacturing Defects Purchase Order No. / ID
GOQii Smart Vital 1 Year(excluding strap) Manufacturing Defects Purchase Order No. / ID
GOQii Balance Body Composition Monitor 1 Year Manufacturing Defects Purchase Order No. / ID

The Limited Warranty starts from the date of activation. During the warranty period, if any accessory defect is inspected and confirmed by GOQii, a free replacement service shall be provided.

  • This limited warranty is only valid in India, and the product is not eligible for any international warranty service. To the fullest extent permitted by law, warranty service may only be performed by GOQii and its executives.
  • GOQii may conduct diagnostic tests on customers products to identify the causes of failures/defects. GOQii is not responsible for damage or loss of any program or data.
  • Prior to contacting GOQii, please ensure the following information is at hand:
    • Model and serial number.
    • Customer’s full address and contact information.
    • Purchase order number, a copy of the customer’s original invoice/receipt.
  • This warranty does not cover the following cases:
    • If the product serial number or warranty seal is illegible or has been removed, erased, defaced, altered, and/or tampered. If any accessory or external part of the product is missing.
    • Warranty does not cover natural wear & tear, usage under extreme conditions, damage due to improper care (accident, misuse or negligence) and damage caused by acts of god such as floods, fires or earthquakes.
    • If any damage occurs in/on outer surface of the product, including but not limited to cracks, dents or scratches on the exterior cases, screens and other attachments.
    • Deterioration of the product caused by normal wearing and tearing, including but not limited to rust or stains;
    • Any other circumstances that are contradictory or are not in compliance with business ethics.
  • Manufacturing warranty applies on:
    • Manufacturing defects in materials and workmanship of the product. This warranty applies when the product is used under normal conditions and for the purpose in which the product was designed.
  • GOQii will determine whether a product is "Out of Warranty" at the company’s discretion according to the standards listed below.
    • Violations against warranty, including but not limited to customer induced damage, such as self-repairs, exposure to water, damage caused by misuse, alternation, failure to comply with product manual, and so on.
    • Invalid warranty
    • Expired warranty

NOT FOR RESALE

The GOQii Online Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

PRICING

Prices are stated in the applicable currency based on your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or services in the GOQii Online Store at any time without notice.

ORDERING, SHIPPING, AND DELIVERY

We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. While it is our practice to confirm orders by email, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer sell a product or service.

If you wish to make a transaction through the GOQii Online Store, you may be asked to supply certain relevant information, such as your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.

The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the products will pass to you upon delivery of the products to the carrier; however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you.

In certain regions, although we are the operator of the GOQii Online Store, the products and services may be sold to you by our appointed reseller, as the seller of record, pursuant to contractual arrangements between us and the reseller. As described above, this means you have a contract with that appointed reseller for the supply of those products and services. In such case, the point of purchase or your order confirmation will include the appropriate contact information for any issues relating to your order. GOQii Technologies Pvt. Ltd and its affiliates are express third-party beneficiaries of these Terms in cases where these Terms are between you and the appointed reseller.

PRODUCT AND SERVICE AVAILABILITY

We reserve the right to add or remove products and services from the GOQii Online Store at any time for any reason. We also reserve the right to change quantities available for purchase at any time, even after you place an order.

We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products or services available through the GOQii Online Store. Such information and the availability of any product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state and national laws (including minimum age requirements) regarding the purchase, possession and use of any product or service.

COMPATIBILITY

You are solely responsible for determining the compatibility of the products and services with any required equipment (e.g., ensuring that you are using a compatible mobile device). You agree that lack of compatibility does not constitute a defect giving rise to a claim under our Limited Product Warranty.

SOFTWARE LICENSE

To the extent the products ordered by you contain, consist of, or make available GOQii software in any form, such software is licensed to you and not sold, in accordance with our Terms of Service.

LIMITATIONS ON LIABILITY

NEITHER GOQii, ITS SUPPLIERS, DISTRIBUTORS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING GOQii PRODUCTS AND SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GOQii PRODUCTS OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOQii OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING GOQii PRODUCTS AND SERVICES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF GOQii, OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING GOQii PRODUCTS AND SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GOQii PRODUCTS OR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID FOR YOUR APPLICABLE PURCHASE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOQii AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between us arising out of or relating to your order via the GOQii Online Store (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

GOVERNING LAW

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Maharashtra, India without regard to its conflict of laws principles.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim, you agree to try to resolve the Dispute informally by contacting asupport@GOQii.com . We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, either of us may bring a formal proceeding.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by contacting optout@GOQii.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

ARBITRATION PROCEDURES

All Disputes will be administered as per the Rules of Arbitration of the Mumbai Centre for International Arbitration (“MCIA”). The arbitration will be presided over by a sole arbitrator. The arbitration will be held in English, in Mumbai, or any other location which the parties agree to.

EXCEPTIONS TO AGREEMENT TO ARBITRATE

We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the GOQii products or services, or infringement of GOQii’s intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS ACTIONS

You may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

JUDICIAL FORUM FOR DISPUTES

Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, we agree that any judicial proceeding will be brought exclusively in the Courts in Mumbai. Both of us consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your order from the GOQii Online Store must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

GENERAL PROVISIONS

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the GOQii Online Store, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without GOQii’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. GOQii may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by GOQii under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to any address you have provided to GOQii; or (ii) by posting to the GOQii Online Store. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.