Bemi's goal is to provide people with solutions that help raise the level of the aspects of life that matters to them. These Terms of Service (“Terms”) apply to your access and use of the Bemi Service. The “Bemi Service” includes our devices including associated firmware, websites, products, and services.
- Terms
Bemi Service is owned and operated by Shenzhen Minrek Electronic Ltd. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing Bemi service, accessible from www.bemi-electronics.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site and any of Bemi service. The materials contained in this Website are protected by copyright and trade mark law.The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Shenzhen Minrek Electronic Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
- Use License
Permission is granted to temporarily download one copy of the materials on Bemi's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose or for any public display;
attempt to reverse engineer any software contained on Bemi's Website;
remove any copyright or other proprietary notations from the materials; or
transferring the materials to another person or "mirror" the materials on any other server.
This will let Bemi to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the websites or any activities conducted as part of the website; or (iii) bypass any measures we may use to prevent or restrict access to the website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
- LIMITATION OF LIABILITY
Bemi or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Bemi’s Website, even if Bemi or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
To the maximum extent permitted by applicable law, in no event shall Bemi, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Bemi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
- Revisions and Errata
The materials appearing on Bemi’s Website may include technical, typographical, or photographic errors.Bemi will not promise that any of the materials in this Website are accurate, complete, or current. Bemi may change the materials contained on its Website at any time without notice. Bemi does not make any commitment to update the materials.
5.Indemnification
You agree to indemnify and hold Bemi harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time
6.Disclaimers
YOUR USE OF THE WEBSITE OR BEMI SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THEWEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BEMI, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER BEMI NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEMI OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.Termination.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
8.Commercial Terms
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
- Links
Bemi has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Bemi of the site. The use of any linked website is at the user’s own risk.
- Site Terms of Use Modifications
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
- Your Privacy
Please read our Privacy Policy.
- General
Any claim relating to, and the use of, the website and the materials contained herein is governed by the laws of the People's Republic of China. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All disputes arising from or in relation to these Terms of Service shall be submitted to the exclusive jurisdiction of the Shenzhen Baoan District People’s Court for litigation.
We do not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Bemi in our sole discretion.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement.
13.Advertising Rights.
Bemi reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Bemi and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Bemi to sell, license or offer to sell or license any advertising, promotion or distribution rights.
14.Shipping Limitations.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the website. All purchases from the website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Consult your doctor before using the BEMI service
The Bemi Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Bemi Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Bemi Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Bemi Service. If you engage in any exercise program you receive or learn about through the Bemi Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Bemi products have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.
- PAYMENT AND BILLING
You authorize Bemi to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
17.Additional Assistance.
If you do not understand any of the foregoing Terms of Services or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@bemi-electronics.com.
Copyright Notice. All design, graphics, text selections, arrangements, and all software are the Copyright © 2016-2021 Shenzhen Minrek Electronic Ltd and its affiliates or its licensors. ALL RIGHTS RESERVED
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