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New Phone Terms & Conditions Terms & Conditions Last Updated: September 2026 Please read this agreement carefully before using or accessing this Website. By accessing or using this Website, you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any of these Terms, you must not use this Website. Scope In these Terms of Use, the term "You", “Yourˮ or “Userˮ refers to the person using this Website. The terms "we," "our," "us," "Tracky" “Tracky Healthˮ collectively refer to Tracky, which is a brand of DrStore Healthcare services India Pvt Ltd. The servers that host this Website are located in India, and any personal details you provide us will be processed by Tracky in India. Privacy For information about the way in which we use, process, and share personal and non-personal information, please refer to our Privacy Policy. Disclaimer on Emergency Medical Conditions DO NOT use this website for medical emergency services. In an emergency, call your local emergency assistance number. Medical Disclaimers The Content (as defined below) available through this Website is for informational and educational purposes only and is NOT a substitute for the professional judgment of a health care professional. Tracky does not give medical advice. Additionally, the use of the Content obtained through this Website does not establish a physician-patient relationship. Your reliance on information and Content obtained by you at or through this Website is solely at your own risk. Neither Tracky nor its Content providers assume any liability for damage or injury arising from the use of any product, information, idea, or instruction contained herein. We do not provide advice on any issues relating to medical treatment, and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Under no circumstances shall Tracky or any Tracky Group Member, their employees and contractors, be liable to you for costs of substitute goods or services, or for any direct, indirect, special, incidental, punitive, or consequential damages (including lost profits or legal fees). Ordering from Us Our Website and these Terms of Use are intended only to apply to consumers wishing to order Products for delivery.
New Phone Generation [Where a Product is provided on a trial basis, ownership shall remain with Tracky until full payment is received. You agree to either complete the purchase or return the Product before the end of the applicable trial period. In the event that you fail to pay for or return the Product to Tracky within 10 days of the due date, you acknowledge and consent to Tracky sharing your details with debt recovery agencies in order to facilitate recovery of the amount]. You may only buy the Products for your own use, or if you are a caregiver, for the use of the person you care for. By purchasing Products from us, you represent and warrant that you are not buying the Products for resale. An order is deemed to be placed once it is submitted through our online checkout process. Before submitting your order, you will have the opportunity to review and correct any errors. If you pay by credit card, we will send you an order acknowledgment, detailing the products you have ordered once your payment has passed our internal validation procedures. However, your order will not be processed until payment has been transferred into our bank account. Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation. When we dispatch your order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order. We may, at our discretion, refuse to accept an order if: ● Products are no longer available; ● we cannot obtain authorization for your payment; ● there has been a pricing or Product description error; or ● you do not meet any eligibility criteria set out in these Terms. If we are unable to supply you with a Product within a reasonable period, we will inform you of this by e-mail, SMS, or phone, and we will not process your order. If you have already paid for the Product, refund will be provided. Pricing and Payment All prices and offers are in INR (Indian National Rupees) unless otherwise stated and are subject to availability and may change before (but not after) we accept your order. Prices available on the Website are only applicable for purchases made online through the Website. If we charge separately for packing, carriage, and other relevant charges, the appropriate rates will be clearly specified on your online order when you proceed through the online checkout process. Our website contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing if you have provided us with your address or your email address. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. We accept digital modes of payment or such other means as may be specified on the Website.
New Phone Generation Delivery Delivery will be to the address specified in your order, which must be within India. We aim to ship all orders promptly and at the earliest practicable time. Delivery is by a third party and occasionally delivery times may be affected by third-party logistics providers or circumstances beyond our reasonable control. You acknowledge and agree that the results of any Test and any usage report for a trial, rental, subscription of any Product will be sent to your nominated email address. The delivery charges specified as part of your order will apply. These charges may change from time to time. Rental products We may also have an option to avail certain products on a rental basis, the rental period, fees, & other details shall be followed as per the rental agreement between the renter & Tracky. The rental period, fees, security deposit (if applicable), and other conditions shall be governed by the rental agreement. If the renter fails to return the products as per the agreement duration, late fees may apply beyond the agreed upon rent date. Renter shall bear the return shipping costs & will be deemed responsible for any damages or loss of the rented product during the rental period or at the time of return transit. A refundable security deposit may be required as a rental condition to cover any potential damages, late fees, or other charges as outlined in the rental agreement, the amount of this security deposit may vary depending upon the product and shall be outlined in the rental agreement. The security deposit will be refunded upon satisfactory return of the rented product. Tracky reserves the right to deduct from the security deposit for any damages, late fees, or outstanding balances owed by the renter. A detailed statement of the deductions will be provided to the renter along with the remaining deposit, if applicable. Subscription products We may also have an option to avail certain products on a subscription basis, The subscription period begins on the date of subscription and continues until cancelled by either party, Subscriber agrees to pay the recurring subscription fee as specified in the subscription agreement during the subscription period. The Subscription fees will be automatically billed to the payment method provided by the Subscriber. Subscriber will be granted a non-exclusive, non-transferable right to use the subscription product for personal or internal business purposes. Subscriber may not share login credentials or otherwise distribute the subscription product to third parties. Tracky reserves the right to update, modify, suspend, or terminate any subscription service in accordance with the applicable subscription agreement. Upon termination, the subscriber's access to the subscribed Product or service will cease immediately. Rights Under Consumer Law Certain Products may be covered by a manufacturer's warranty. Details of the applicable warranty are provided with the Product. Such warranty is offered by the manufacturer and is in addition to any rights or remedies available under applicable consumer protection laws.
If you return a Product for repair or replacement, any data stored on the Product may be lost during the service process. You are solely responsible for backing up your data before returning the Product. Tracky shall not be liable for any loss of data. Products presented for repair may be replaced at our discretion by refurbished Products of the same type rather than being repaired. Refurbished parts may be used to repair Products. Registration Tracky requires you to provide registration details to access this Website or portions of this Website, the details you provide must be correct, current, and complete. If Tracky believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. Software Downloads Any software made available through the Website is the intellectual property of Tracky, its affiliates, or its licensors and is protected by applicable copyright laws. The Software is licensed solely for your personal use in accordance with the applicable End User License Agreement (EULA). Any unauthorized reproduction, modification, distribution, or use of the Software is strictly prohibited and may result in civil or criminal liability. Violators will be prosecuted to the maximum extent possible. Access to Website While it is Tracky's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance without prior notice. You understand and acknowledge that due to circumstances both within and outside of the control of Tracky, access to the Website may be interrupted, suspended or terminated from time to time. Tracky shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use. Guidelines for User Contributions The following guidelines apply to all users who post materials on this site: 1.Posts or transmissions by users are prohibited that is offensive, violent, deceptive, misleading, harmful infringing on anotherʼs intellectual property rights (inclusive, but not limited to, infringing on their trademarks or copyright) or infringing on their privacy. 2.This site may not be interfered with by users. 3.This site cannot be used to conduct any wrongful activities. 4.If a user is infringing upon any copyrighted materials, users should immediately contact Tracky Health, Mumbai. Tracky Health is not responsible for the content of any materials posted by users but has the right to: 1.Modify or delete any document that appears on the site and, 2.Any user who violates this agreement will be denied access to the site. Proprietary Rights All content, materials, trademarks, logos, software, text, graphics, images, and other intellectual property available on the Website are owned by or licensed to Tracky and are protected under applicable intellectual property laws. You may access, download, or print the materials for your personal, non-commercial use only. The content on this site may not be copied, distributed, or
New Phone Generation transferred in whole or in part without the prior written permission of Tracky Health. Warranty Disclaimer The Company disclaims all representations and warranties, expressed concerning information services and materials contained on this site to the maximum extent permitted by law. Information, services, and materials are offered “as isˮ and “as availableˮ without any kind of warranty. The Website does not promise to meet your requirements, uninterrupted or error-free or to check defects if any. The Company makes no warranty. Liability Limitation To the maximum extent permitted by law, Tracky, its affiliates, directors, officers, employees, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to your access to or use of the Website, Products, or services, even if advised of the possibility of such damages. It is your acknowledgment and agreement that the limitations set out above are fundamental to this agreement, and that the site would not be made available to you without them. Indemnification You agree to defend, indemnify and hold harmless Tracky and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneyʼs fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website. Connected Medical Devices Tracky connected medical devices are intended to be used only in accordance with their Instructions for Use (IFU). Certain features require compatible hardware, Bluetooth, internet connectivity and the Tracky mobile application. Device functionality may be affected by connectivity, environmental conditions or improper use. Digital Health Services Tracky provides digital health services to assist users in monitoring, understanding and managing health information. Such services are designed to support healthcare decisions and do not replace professional medical care. Artificial Intelligence The Platform may provide AI-generated insights, summaries, trends and recommendations based on available health data. These outputs are for informational purposes only and must not be relied upon as medical advice, diagnosis or treatment. Cloud Services Certain services depend upon cloud infrastructure for data synchronisation, analytics and report generation. Tracky does not guarantee uninterrupted availability and shall not be liable for temporary service interruptions beyond its reasonable control. Software Updates Tracky may release software, firmware and security updates to improve functionality, compliance and security. Users are responsible for installing recommended updates where applicable.
New Phone Generation Device Compatibility Certain Products require compatible mobile devices, supported operating systems and active permissions including Bluetooth, internet connectivity and notifications. Device Accuracy Measurements may vary due to physiological conditions, improper placement, movement, environmental factors or device limitations. Users should follow all product instructions and consult a healthcare professional where clinically appropriate. Health Reports Reports, graphs, analytics and dashboards generated by the Platform are intended to support health monitoring and should not be interpreted as a clinical diagnosis or treatment recommendation. Data Governance Users retain ownership of their personal and health information. By using the Platform, Users grant Tracky the right to process such information solely for providing services, improving products, regulatory compliance, customer support and lawful business operations in accordance with the Privacy Policy. Third-Party Sites and Other Information This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom Tracky has no control or responsibility. Tracky does not own, control, endorse, or assume responsibility for the content, accuracy, privacy practices, or availability of such third-party websites. Access to third-party websites is entirely at your own risk. User Responsibilities Users shall use Products only for their intended purpose, maintain devices in accordance with the applicable instructions, provide accurate information and promptly report any suspected malfunction or safety concern. Electronic Communications Users consent to receive service-related communications, including account notifications, order updates, software updates, safety notices and customer support messages via email, SMS, push notifications or other authorised communication channels. Product Images Images, illustrations and demonstrations displayed on the Platform are for illustrative purposes only and actual Products may vary in appearance, packaging or configuration Additional Terms and Conditions From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated. Modification of Terms of Use Tracky reserves the right to amend or update these Terms of Use at any time. Any revisions shall become effective immediately upon publication on the Website. Continued use of the Website following such updates constitutes your acceptance of the revised Terms.
New Phone Generation If any term or provision of these Terms of Use will be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Tracky shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of any use by you of this Website, any Content on this Website, or these Terms of Use. General Force Majeure We will not be liable for any delay or failure to perform under these Terms of Use if such delay is due to any circumstance beyond our reasonable control, including natural disasters, acts of government, labour disputes, technical failures, or other force majeure events. Entire agreement These Terms of Use form the entire agreement between you and us. Changes We reserve the right at any time to modify these Terms of Use and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and will apply to future orders you make with us. Termination We reserve the right, at its sole discretion and without prior notice, to suspend or terminate your account, refuse any order, or restrict access to the Website where these Terms are breached or where required by law. Support If you require support for Products ordered online through our website, please write to us at info@mytracky.com Assignment You may not assign, sub-license or otherwise transfer any of your rights under these Terms whether in whole or in part without our prior written consent. Void or unenforceable terms If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which will continue to have full force and effect. Only the parties to these Terms may seek to enforce them. Modification or Suspension of the Website The Company may, at any time, alter, stop, or suspend the operation of this Web Site, or any portion of it, temporarily or permanently, without notice to you. Contact Information If you have any questions regarding these Terms of Use or this Website, please contact us by email at info@mytracky.com

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