TERMS OF USE

Terms & Conditions

Effective: 5th October 2019

Fourth Frontier designs products and services to help you to achieve a healthier lifestyle and empowers you to be a better version of yourself each day. These Terms & Conditions (“Terms”) enunciated below apply to your access and use of the Fourth Frontier Products, Services and the App.

These Terms and Conditions apply to the following:

  • Any order, purchase, or other form of obtaining Products and Services directly via Fourth Frontier; and Apps via a Reseller; and to your Account and the creation of your Account; and to the use and/or access of:
            – all Products, Services, Apps, and User Contributed Data
            – Built-in Devices, except in the case that the terms and conditions from the Reseller or third-party manufacturer of such Built-in Devices apply; and to uploading, using and/or accessing your User Data.

You accept the Terms & Conditions herein including any amendments made to these Terms & Conditions and are consequently bound by the same when you place any order, purchase or obtain a Product, Service, or App, or use/access any Forum, Service, or App or create a Fourth Frontier Account.

Your Orders

Fourth Frontier offers Products and Services on its website, hereinafter referred to as the “Site” and Apps. These Products and Services may contain Fourth Frontier Content and Third-Party Material.

To place an order, purchase or obtain a Product or Service directly from Fourth Frontier, you may do so our Site or an App. Any order submitted is subject to acceptance from our end. An agreement is concluded upon acceptance by Fourth Frontier by way of an order confirmation of which you will be notified via email. Fourth Frontier reserves the right to reject any orders in whole or in part or to apply a maximum order amount. All orders for Products are subject to stock availability.

Fourth Frontier Products and Services are subject to payment. The Prices for Fourth Frontier products and Services is indicated on our Site and App. Please note that the prices for our Products and Services include applicable taxes and standard shipping costs and handling charges (if any). The prices will include any local sales taxes, other taxes, and government levies, if any, associated with the order that you are legally required to pay.

Prices are subject to change from time to time and Fourth Frontier reserves the right to make these changes but it will not affect orders for Products or Services made prior to the date of the change.

Some Fourth Frontier Services are offered free of charge. We reserve the right to discontinue offering such Services free of charge at any time and will also inform you if a Service is to be offered for a fee in the future. In such event, you are at the liberty to choose to either continue to use the Services by paying a fee or discontinue the use of such Services.

All orders must be paid for through the payment service as made available by Fourth Frontier. While placing an order you must furnish details of your preferred payment method, billing and shipping address (if applicable), and/or any other details necessary to complete the order.

In the event that collection through the payment service fails, Fourth Frontier will invoice you by mail for the amount payable, which must be paid by check or credit card within a period of 15 days from the date of invoice.

Delivery and risk of loss

Fourth Frontier Products will be delivered to your delivery address while fourth Frontier Services can be either downloaded and/ or made available electronically. The risk of loss or damage to a Product will pass to you at the moment the Product is delivered to you. The risk of loss or damages to a Service will pass to you at the moment the Service is either made available to you or delivered to you electronically.

If you do not accept delivery of the Product, Fourth Frontier reserves the right to charge you a reasonable cost of storing the Product until delivery can be made. Further, if for some reason beyond our control, delivery of a Product or Service to you should fail, Fourth Frontier reserves the right to cancel the order and refund the amount paid.

If Fourth Frontier delivers a Product to you or makes a service available to you by mistake or an inadvertence please contact us at support@fourthfrontier.com to receive return instructions.

Your cancelation rights of orders

As a consumer of Fourth Frontier Products and Services, you are entitled to cancel your purchase within a limited time frame after purchase.

For Products purchased directly from the Fourth Frontier website, you may return the purchase for a period of 30 days commencing on the date of delivery. In the event that the return request is accepted by Fourth Frontier we will refund the purchase price except for shipping charges and such reimbursement will be made using the same means of payment as you used for your initial transaction.

To initiate your return, contact us at support@fourthfrontier.com within a period of 30 days of the delivery date to obtain a “Return Request Number” for the return of your order. Subsequently, you should without any delay return the Product in the same condition as it was received by you, free of all interests, liens, or claims otherwise, to the address provided to you by Fourth Frontier.

Fourth Frontier may charge you for any shipping, postage or handling costs incurred directly associated with returning the Product.

Your Account

You may be required to create a Fourth Frontier Account to purchase a Product or a Service, to access or use a Service, App, and/or User Contributed Data, or for managing your User Data and/or User Contributed Data.

By creating an Account, you agree that Fourth Frontier may communicate with you by electronic means and that certain information about your use of Services and Apps, User Data, and/or User Contributed Data may be shared with us.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. You agree to not create an Account as another individual, group or entity without such party's consent, or sell or transfer your profile or Account.

You are responsible and liable for any activity that occurs through your Account. You are responsible for your own username, password and activities related thereto. Fourth Frontier takes no responsibility for any loss arising out of or resulting from the unauthorized use of your Account, with or without your knowledge.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Fourth Frontier cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Notwithstanding your right to use a pseudonym (“alias” or “nick name”) when creating an Account, you agree to provide correct information about yourself when registering. Please keep your Account information up to date to and promptly change your Account information if any relevant changes occur.

In the event that you become aware of any unauthorised activity or any other possible breach in security with respect to the App, Account thereof, User Data and/or User Contributed Data you must immediately notify Fourth Frontier at support@fourthfrontier.com

If you wish to terminate your Account you may contact us at support@fourthfrontier.com observing a 30-day notice period.

Fourth Frontier reserves the right to terminate your Account for any reason. Fourth Frontier will, by all possible means, always attempt to inform you of any imminent termination, and, in any instance, will notify you at least thirty (30) days prior to the actual termination of your Account.

After termination of your Account, you will not have access to any data including your User Data. It is your own responsibility to remove any User Data that you wish to keep before the termination is complete.

Limited warranty with respect to Services, Apps, User Contributed Data, and Third-Party Materials

Fourth Frontier Services, Apps, User Contributed Data, or any Third-Party Materials are provided "as is" with no warranties of any kind.

To the extent permitted by law, Fourth Frontier does not make any warranties or representations - express or implied- regarding the purchase, access and use of Services, Apps, User Contributed Data or any Third-Party Materials including, but not limited to

  1. Correctness, errors and accuracy
  2. Usefulness, satisfactory quality, and suitability for a particular purpose
  3. Adequacy
  4. Support, information or services
  5. Reliability, defects, operation and availability
  6. Implied warranties of title and non-infringement,
  7. Security, the risk of interception of information, viruses
  8. Offensive, threatening, defamatory, abusive, unlawful or otherwise objectionable character.

This clause does not have any impact on any of your legal rights under applicable mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall remain in full force and effect.

Limited warranty with respect to our Products

Fourth Frontier offers a limited warranty that the Product obtained either directly from our Site or via an authorized Reseller will be free from defects in workmanship and materials under normal use for a period of one year from the date the Product was purchased or otherwise obtained. During this period, the Product will either be repaired or replaced by Fourth Frontier, at its sole discretion. This limited warranty is not transferable.

This limited warranty does not cover damage caused by normal wear and tear or as a result of the Product being opened or repaired by someone not authorized by Fourth Frontier, and does not cover damage caused by or resulting from misuse, immersion in water or any other liquids beyond 1.5 meters, proximity or exposure to heat, accident, abuse, non-compliance with the instructions supplied along with the Product, neglect, or misapplication. The limited warranty does not cover physical damage to the surface of the Product either.

Consumers of Fourth Frontier Products are to the benefit from Fourth Frontier’s Limited Warranty in addition to all rights and remedies granted by consumer protection laws and regulations.

In order to make a claim under the limited warranty, you must notify us at support@fourthfrontier.com about the defect, damage or deficiency within the 1-year warranty period. In addition to this, you must also provide valid proof of purchase to verify the 1-year warranty period.

The Products must be returned to Fourth Frontier as soon as possible following your notification of the deficiency, damage or defect, along with an explanation of the same. The deficient, defective or damaged product is to be sent to the address provided by Fourth Frontier. You must cooperate with Fourth Frontier and comply with any other return procedures, if necessary.

Your usage

Fourth Frontier grants you permission to access and use the Services and Apps obtained directly from Fourth Frontier or through a reseller in accordance with these Terms and Conditions. In case a Service and/or App should be purchased, the permission to access and use this paid Service and/or App will be granted to you after the purchase has been completed.

You are granted a license to use Fourth Frontier Content provided to you as part of and/or through your Product, Service, or App, according to the terms put down in this clause. This license is non-exclusive and non-transferable and does not include any right to obtain future upgrades, updates or any support or technical assistance relating to the Service, App, or Fourth Frontier Content, unless Fourth frontier has specifically indicated that obtaining them is an integral part of the Product, Service, or App.

With respect to User Contributed Data Fourth Frontier grants you permission to upload, use, and modify User Data and User Contributed Data, all in accordance with these Terms & Conditions.

By uploading any User Data, you retain all rights you may have therein.

By uploading your User Contributed Data, you retain all rights you may have therein but you hereby grant Fourth Frontier a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, upload, modify, distribute, sublicense, reverse engineer and display such User Contributed Data or links thereto in any form and through any media. With respect to User Contributed Data of other users, Fourth Frontier grants you the right to use and modify and upload such User Contributed Data in accordance with these Terms and Conditions.

Fourth Frontier does not claim any ownership of User Data or User Contributed Data. You affirm and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload the User Data and User Contributed Data and to grant Fourth Frontier all the rights granted in these Terms and Conditions, including the right to grant other users of the Services, Apps and the Site permission to use, modify and upload your User Contributed Data in accordance with these Terms and Conditions.

Further, you will not alter, distort, or modify the Products, Services, and Apps or any part thereof to analyze it by means of reverse engineering, to decompile or disassemble the Products, Services, and Apps, to make other products derived from it, or to break or circumvent encryption or to allow or enable third parties to do so or allow any other person to do the same, other than as permitted by applicable laws or as expressly permitted through any technology.

Reporting and refraining from misuse

Fourth Frontier has no liability with respect to regularly monitoring any of the Services, Apps, and User Contributed Data. If it comes to your knowledge that misuse of the Services, Apps, or User Contributed Data by any user has taken place, please report such misuse at support@fourthfrontier.com

You agree to refrain from any improper behavior by accessing or using Services and Apps, and by uploading or using User Data or User Contributed Data, including but is not limited to the following:

  • Use of Services and Apps and/or User Data or User Contributed Data for advertising, marketing and/or sales purposes, promotional purposes, posting a solicitation or any other commercial content whatsoever via the Services and Apps. Additionally, you also agree to refrain from directly or indirectly charging any third party for the use of the Services and Apps and/or User Contributed Data, or from accepting payment from a third party to this end. Furthermore, you agree to refrain from framing or “mirroring” any Services, Apps, or User Contributed Data.
  • Perform any actions on the Services and Apps to circumvent, interfere with, disrupt, damage, disable, overburden, or limit the functionality of any software or hardware, telecommunications equipment, (security) technology, Services, and Apps. You agree to not post or upload User Data or User Contributed Data that contains software viruses, programs, etc. which would involve sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Fourth Frontier servers, computers, networks and so on.
  • Posting or uploading User Contributed Data in a manner that implies an association, relationship or affiliation with, sponsorship, or endorsement of the User Contributed Data by Fourth Frontier, that is misleading, offensive, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third-party right, is otherwise unlawful, or impairs Fourth Frontier’s intellectual property rights.
  • Posting or uploading any User Contributed Data that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Posting and uploading User Contributed Data that promotes information that you know is false or misleading;
  • Posting any User Contributed Data that infringes or violates anyone else's rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. Further, you agree not to post content either directly or through a link, that is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others.
  • You also agree to refrain from violating any code of conduct or other guidelines that may be applicable to the Services, Apps, and/or User Contributed Data.

User Interaction

Fourth Frontier is not liable for any loss or damage resulting from any interaction with other users, persons you meet through Services, the Site and Apps. It is your sole responsibility to exercise abundant caution in all your interactions with other users on Services and Apps.

Usage Disclaimer

Frontier X2 is not intended to be used for diagnostic or treatment purposes. Fourth Frontier will not be liable for damages arising out of the use of Frontier X2 for unintended purposes. Information provided by Frontier X2 or Fourth Frontier Cardiac Experts is not a substitute for medical advice. In the event of a medical emergency contact a healthcare provider immediately.

Physical Activity Disclaimer

Fourth Frontier Services and Apps may include features that promote physical activity. It is your responsibility to weigh the risks involved and consult with a medical professional before engaging in any physical activity or using Fourth Frontier Products and Services. Fourth Frontier will not take any responsibility for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Products, Services, and Apps.

Enforcement of our Rights

Fourth Frontier reserves the right, with or without notice, to discontinue, limit, alter, update, upgrade and supplement Services, Apps and User Contributed Data provided to you or made available to you through the use of a Product, Services, and Apps.

Fourth Frontier reserves the right to change the prices for Products, Services and Apps. In the event of change in prices of the aforementioned Fourth Frontier will give you reasonable prior notice thereof via email, the Site, App or otherwise.

Fourth Frontier at its sole discretion, may collect, collate and process user statistics related to the User Data and User Contributed Data to improve our Products, Services, and/or Apps, provided it has obtained the necessary consent from you. Any user uploading or posting User Contributed Data accords Fourth Frontier a worldwide, perpetual, irrevocable, royalty-free license to use and copy such User Data without your consent to the extent that is necessary for Fourth Frontier to be able to provide you with the Products and Services.

Fourth Frontier may use such User Contributed Data in any manner it deems fit, anywhere in the world, without obligation for compensation, and free of intellectual property rights, and/or other proprietary rights.

Fourth Frontier may remove such User Contributed Data without prior notice when it it brought to our knowledge that any User Contributed Data may violate or violates any part of these Terms and Conditions or infringes any other third-party rights.

Breach of these Terms & Conditions by you

Fourth Frontier, at its sole discretion, reserves the right to immediately terminate your Account, any of your User Data and/or User Contributed Data, and limit your use of all or any part of your Account, Services, and the Apps if

  1. You fail to adhere to or breach the provisions of these Terms and Conditions; or
  2. collection of payment for your Services should fail after a second attempt.

In case of such an event, you are to return or destroy all copies of the Fourth Frontier Content. Additionally, upon termination, your licenses and rights as granted to you by fourth Frontier will also stand revoked concurrently.

Limitation of liability

Fourth Frontier, its suppliers, subcontractors, affiliates, officers, directors, employees, or agents, to the extent permitted by law, shall not be liable to you or to any third party for any damages, whether direct, special, exemplary, incidental, indirect, or consequential including but not limited to damages from the inability to use or access the Products, a loss of data, loss of business, loss of profits, business interruption, etc. arising out of or related to:

  • Use of, the inability to use or access, or otherwise the performance of a Product, Service, App, User Data, User Data, User Contributed Data, or Third-Party Material, even if Fourth Frontier has been advised of the possibility of such damages
  • Your conduct or that of other users or attendance at a Fourth Frontier event or any User Contributed Data. You assume complete responsibility for your use of the Services, Apps, User Data, and User Contributed Data
  • Fraudulent misrepresentation on the part of users of Services, Apps, and/or User Contributed Data
  • Any law or the rights of any third party.

Fourth Frontier does not endorse any User Contributed Data or any opinion, recommendation, or advice expressed therein, and all liability in connection with your access to and use of such User Contributed Data is disclaimed by Fourth Frontier. Fourth Frontier assumes no responsibility and has no liability or obligation to monitor or remove, such User Contributed Data.

Fourth Frontier’s total liability arising out of or in connection with these terms or from the use of or inability to use the Fourth Frontier service shall not exceed the amounts you have paid to Fourth Frontier for use of the Fourth Frontier services or one hundred dollars ($100), if you have not had any payment obligations to Fourth Frontier, as applicable.

It may be noted that some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such a case the above-mentioned exclusion or limitation may not apply to you.

Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions limits either party’s liability for death or personal injury resulting from its own negligence.

Furthermore, you agree to indemnify, defend, and hold harmless Fourth Frontier, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of and/or your conduct in connection with Products, Services, Apps, and/or your User Contributed Data and your conduct in connection with other users, or any violation of these Terms and Conditions, any law or the rights of any third party.

Third-Party Materials & Websites

Fourth Frontier Products, Services, and Apps may make use of Third-Party Materials. The use of Third-Party Material included in the Products, Services, and Apps may be subject to other terms and conditions.

You agree that by placing any order for a Product or Service, you agree that you have read and accepted the terms and conditions for any Third-Party Materials included in ordered Products, Services, or Apps, if any as they may vary from entity to entity.

Fourth Frontier may provide links and/or access to third-party websites, and/or third-party materials, only for your convenience. From such inclusion inference cannot be made that Fourth Frontier endorses the lined third-party site, or Third-Party Materials. Fourth Frontier is not liable for third-party materials or the content of any third-party websites, services, etc. or any changes or updates to third-party websites or services.

Force Majeure

Force majeure is any unforeseeable circumstances that are not within Fourth Frontier’s reasonable control that act as a hindrance to the fulfilment of Fourth Frontier’s obligations under these Terms and Conditions, including late and/or delayed deliveries and incomplete deliveries and temporary or partial unavailability of your Account, Services, Apps, User Data, and/or User Contributed Data caused by circumstances beyond our reasonable control. In the event of force majeure, all of Fourth Frontier’s obligations shall be suspended. In the event that Fourth Frontier’s obligations are not fulfilled as a result of Force Majeure for a period of 90 days or more both parties shall be entitled to dissolve the purchase agreement in writing and Fourth Frontier shall be entitled to dissolve the agreement for the Services or Apps with no obligation to pay any compensation whatsoever arising from or in connection with such dissolution.

Privacy

Fourth Frontier adheres to applicable privacy and data protection laws. You can find our applicable privacy practices on https://fourthfrontier.com/pages/privacy-policy.

Third-Party Rights

Under applicable legislation, third parties have no rights to rely upon or to enforce any term of these Terms and Conditions, but this does not affect any third-party rights or remedies that may exist or be available outside such applicable legislation.

Changes to These Terms & Conditions

Fourth Frontier may update its Terms & Conditions from time to time. We will notify you before we make any material and substantive changes to these Terms & Conditions and give you an opportunity to review the revised Terms & Conditions before deciding if you would like to continue to use our products and services.

Entire agreement

These Terms and Conditions including any amendment to them and any other terms and conditions, if applicable, constitute the entire agreement between you and us. These Terms & Conditions supersede all prior or present verbal or written communications, proposals and representations with respect Products, Services, App or any other subject matter covered by these Terms and Conditions. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Governing law

You agree that all matters relating to your access to or use of the Site, Product and Services, including all disputes, will be governed by the laws of India and the courts at Bengaluru shall have exclusive jurisdiction for all matters related to, arising out of or in connection with these Terms of Use. You agree to the jurisdiction by and venue in the courts of Bengaluru, Karnataka, India, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim is barred. Before pursuing any right or remedy available to the Parties under applicable laws, the parties shall attempt, promptly and in good faith, to resolve any dispute that arise from or in connection with the Terms of Use mentioned herein. This clause is without prejudice to the rights conferred on you by local laws of public order, including the right, if any, to seize the competent court of your country or other courts competent to adjudicate upon any dispute or claim arising out of or in connection with these Term of Use.

Severability of these Terms & Conditions

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable, or illegal, the other provisions continues in full force and effect. In case of any such invalid, unenforceable, void provisions, Fourth Frontier will formulate and put forth new terms and conditions substituting and replacing such invalid provisions. These new terms and conditions shall be interpreted, with regard to their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived therefrom.

Survival of these Terms & Conditions

Any provisions in these Terms and Conditions by nature extend beyond the termination or expiration of any sale or license of your Account, Service, App, User Data, and User Contributed Data will remain in effect after termination of these Terms and Conditions. This includes but is not limited to our license to use, modify, license, upload, distribute, sublicense, reverse engineer, decompile, or disassemble and display User Contributed Data generated by you.

Questions & Queries

Should you have any questions, suggestions, queries or complaints concerning your order, your purchase, these Terms and Conditions, please contact us on email via support@fourthfrontier.com. Fourth Frontier will revert to you as soon as possible.