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1. The domain name www.dermamd.in ("Platform") is a site operated by Epidermia Aesthetic Solutions Pvt. Ltd., a company incorporated under the Companies Act, 2013 having its registered office at B154, Shravan Building, Tarangan Society, Kusumagraj Marg, Samata Nagar, Thane 400606 ("Company" / "We").
2. These Terms of Service ("Terms" / "Terms of Service") have been drafted in compliance with the:
a. The Indian Contract Act, 1872;
b. The Digital Personal Data Protection Act, 2023 and
c. The (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under and any amendments to the same, including the extant rules and subject to any further amendments that may be notified from time-to-time.
3. These Terms are applicable to all users and/visitors from the very moment they access the Platform from any device whatsoever. The Platform is open to both Users and Visitors, however, certain aspects of the Platform could only be available to Users after registering. The users and/or visitors shall be referred to as "Users" or "You" or "Your".
4. The Platform allows You to review, browse, compare, buy products and / or book clinic services per these Terms read with the Privacy Policy and any other notifications issued by the Platform from time-to-time.
5. By using the Platform, You agree to these Terms of Service, and You are requested to check this page regularly to take notice of any updates hereto.
6. We reserve the right to review and withdraw or amend the services without notice. If You do not agree with its Terms of Service, kindly do not use this Platform. You will be responsible for complying with the Users' obligations under applicable laws for visiting, accessing and using the Platform.
7. CONTENT & COPYRIGHT POLICY:
7.1. The Platform and all of its content, including all text, graphics, button icons, pictures, audio & video clips, and any other data on the Platform (collectively, "Platform Content"), are owned solely by the Company. The Content and Software shall be governed by all the Indian and International copyright laws. No implied or express license shall be granted to You through Your use of the Platform.
7.2. Platform Content is solely for Your personal and non-commercial use. You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Platform and /or its content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7.3. User content: You are solely responsible for Your conduct and any data that You submit, post or display on or via the Platform i.e. (User Content). We shall have no liability for Your conduct in relation to Your use of the Platform. Violations of these Terms of Service may result in legal consequences prescribed by applicable laws. You agree that You are the owner of all rights in the User Content that You post / upload onto the Platform. You hereby grant to us a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, remove, the content that You post/ uploaded and create derivative works of such content in order to meet our obligations under the Terms of Service. You agree to indemnify the Platform and the Company against any claims, suits, losses that arise as a result of Your User Content infringing the intellectual property or other proprietary rights of any third party.
8. Creating an Account
8.1. You can browse and view the products offered on the Platform as a visitor and do not need to register. However, if You wish to purchase products, fast track checkout, receive emails about orders, special offers, events, new products, book clinic services and use the Platform's services, You must register by creating an account on the Platform. Accounts can be created manually on the Platform by providing the User's data. To create an account and use the Platform the User must be competent to contract under the Indian Contract Act, 1872 or You must be competent to contract as per the laws of the country where You reside. In case of a minor, We shall assume that You are accessing this Platform under the supervision of Your parent or legal guardian. The Platform reserves the right to terminate the User's account and refuse to provide access to the Platform if it is made known to us or if it is discovered that You are a minor and are accessing the Platform without parental consent and guidance or consent and guidance of a legal guardian. The Platform will not be liable for any harm caused to You on account of any use of the Platform without appropriate parental consent.
8.2. To create an account and register You shall provide accurate and complete registration information (including, but not limited to Your name and address, Your e-mail address, phone number and a username and password You will use to access the Platform, as applicable) and You shall ensure that Your registration information is accurate and up-to-date. If You fail to do so it shall be considered as a breach of the Terms of Service, which may result in immediate termination of Your account.
8.3. The User shall not (a) create any account for anyone other than themselves without such person's prior written permission; (b) use a username that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a username or account that is subject to any rights of a person other than You without appropriate written authorization; or (d) use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
8.4. The User shall be responsible for safeguarding their account, to do so You shall use a strong password and limit its use to this account. You undertake not to share Your user account details such as username and password with any other person for their use of the Platform. The Platform cannot and will not be liable for any loss or damage arising from Your failure to comply with the above. You will be solely responsible for all access to and use of Your Account on this Platform and by anyone using the password and identification originally assigned to You whether or not such access and use of this Platform is actually authorized by You, including without limitation, all communications & transmissions & all obligations (including without limitation financial obligations) incurred through such use or access. You shall be solely responsible for protecting the security & confidentiality of the password & identification set forth by You. You shall immediately notify the Company of any unauthorized use of Your password or identification or any other breach or threatened breach of this Platform's security. If any third parties gain access to the Services by accessing Your Account, then the User will be responsible and shall indemnify the Company against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
8.5. The User agrees not to purchase products that may be prohibited for sale by applicable law and / or on the Platform, or which are otherwise inappropriate for You. If You are registering as or on behalf of a business entity, You shall represent that You are duly authorized by the business entity to accept the Terms of Service, and that You have the authority to bind that business entity to the Terms of Service and represent and act on their behalf through Your actions on the Platform.
8.6. The User is responsible for complying with all applicable local or national laws of the country where You reside. The Platform reserves the right to block the User's access to the Platform or suspend or terminate the User's registration on the Platform, if it is brought to our notice or if it is discovered that You are incompetent to contract or have violated any provision in these Terms of Service or violated applicable laws in relation to use of the Platform.
9. Use of the Platform
9.1. The User acknowledges that You will use and access the Platform to purchase products and avail services only for Your personal use. The products which You may purchase from the Platform, shall not be sold or resold for any/commercial reasons. The Platform holds the right to reduce or limit the quantity of an order if they suspect the products are being purchased with the intention of resale.
9.2. The User shall ensure that all information uploaded/entered within the Platform is true and accurate. Any errors must be reported immediately or corrected. The User is responsible for the correctness of their data and shall only upload information that does not infringe upon rights of third parties.
10. Products
10.1. The product information / description displayed on the platform areas per the manufacturer. The product pictures are indicative and may not match the actual product. Products may vary slightly from its pictures. The images of the products on the Platform are for illustrative purposes only. While We strive to accurately display the design and colours of our products, We do not guarantee that your device's display will accurately reflect the design or colours of our products. Products may vary slightly from these images.. The Platform does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current.
10.2. The Users must refer to the individual packaging of the products, as production in different batches may vary. Products may have different packaging due to varying production batches. Users should note that the packaging does not affect the quality of the product. All identical products will have the same contents.
10.3. Description of products, or reviews, or suggestions made by the Platform or any User, do not amount to clinical advice or any kind or endorsement of the product by the Company or their affiliates. The instructions and other information provided on the products are intended for guidance purposes only. The Users are urged to consult with their doctors before using any products enlisted on the Platform.
10.4. The Platform reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
10.5. The products and services available on the Platform, are for the User's personal use only and shall not be sold or resold for any/commercial reasons.
10.6. In case any products purchased / received from the Platform causes side effects or do not suit You, please note that the Platform is not responsible/ liable for any manufacturing side-effects and that the manufacturer of the product shall be solely responsible/ liable for such side effects and consumer complaints. You should carefully read the individual Terms of Service and conditions in relation to the products and consult a specialist before the use of the same.
10.7. Any recommendation made to You in the Platform is purely for informational purposes and for the User's convenience and does not amount to endorsement of the product by the Platform in any manner.
11. Orders
11.1. Upon accessing the Platform, You may add the products to Your cart if You intend to buy it immediately or are interested in availing the products at a later date. You may then proceed to place an order for the items in Your cart by confirming the products which You wish to buy, and by providing Your billing and delivery address, phone number, delivery method, relevant payment and financial details for remitting payments towards purchases and such other information as required by the Platform. You shall be able to correct errors on Your order up to the point at which You click on 'Proceed to checkout/Place order' on the final page of the ordering process.
11.2. The Platform will send You an email/message as soon as possible to acknowledge receipt of the order placed by You and to provide You with an order number. The Platform will confirm acceptance of Your order by sending You an e-mail/message that confirms that the products have been dispatched. The Platform may not accept Your order if an item You have ordered is out of stock, if We have identified a product error or if We are unable to obtain authorization for Your payment.
11.3. The Platform reserves the right to refuse any order You place with the Platform, if the Platform makes any change or cancels an order, the Platform shall notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Platform reserves the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Platform. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
11.4. All products are subject to availability. Validly stated prices on the Platform remain in effect for so long as the products are available or as otherwise stated on the Platform. The Platform shall inform You as soon as possible if the products You have ordered are not available. All descriptions of products or product pricing are subject to change at any time without notice, at the Platform's discretion. The Platform reserves the right to discontinue any product at any time. The Platform does not warrant the quality of any products, services, information, or other material purchased or obtained by You that will meet Your expectations, or that any errors in the service will be corrected. The Platform reserves the right to limit the sales of our products or services to any person, geographic region or jurisdiction. The Platform may exercise this right on a case-by-case basis. The Platform reserves the right to limit the quantities of any products or services that We offer.
12. Pricing
12.1. The Company have taken precautions in the preparation of the content of this Platform, to ensure that the details, descriptions and prices quoted are correct at the time of publishing. The Platform won't process orders if the product's description or price as listed on the Website contain significant errors. Delivery prices won't be included in the prices. The price of the product that the User has ordered the taxes applicable for the product at the prevailing rate, and the delivery charges chosen by the User will be added up to the total cost of the order.
12.2. The latest price of the product will be reflected in the cart. The prices for products are subject to change without notice. The Platform reserves the right to modify or discontinue the products and service (or any part or content thereof) without notice. The Platform shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Products and/or Services.
13. Online Booking for Clinic Consultations
13.1. Users will be provided with a link on the Platform to book clinical services. By clicking on the link, Users will be directed to a new page where they can schedule consultations or clinical services with specialized doctors.
13.2. The available dates, times, and slots for appointments will be displayed on the Platform. Users can select their preferred date and time for the visit. The Company ensures that Users receive confirmed appointments through the booking facility.
13.3. Users should note that consultations will be held at the clinics, and the location will be shared via email after scheduling.
13.4. Users may reschedule their appointments if they cannot attend the originally scheduled time. However, appointments cannot be rescheduled more than once in a row.
13.5. The Platform disclaims liability if a booked appointment is later cancelled by the doctor or if the doctor becomes unavailable.
13.6. No booking fee is applicable . Users shall pay the consultation fee after their appointment at the clinic.
13.7. The Platform reserves the right to share the information provided by the User with the doctor. The Platform stores Users' information and conversations with the doctor in accordance with our Privacy Policy.
14. Payment
14.1. Payment can be made by credit cards, debit cards or through such other third-party payment gateways/service providers featured on the Platform. If You wish to pay by credit or debit card, You shall guarantee that You are fully entitled to use the payment card with which You make all payments related to Your purchase, and You confirm that the credit/debit card details or other financial details provided by You for availing services on the Platform will be correct and accurate and You shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by You. The User hereby represents that Your card gives access to sufficient funds to cover all costs necessary for the payment of the order.
14.2. You agree to provide accurate and up-to-date payment information at the time You order any product. The Platform have contracted with a third-party payment processor to facilitate purchases made on the Platform. When You make a purchase through the Platform, You will provide Your payment details and any additional information required to complete Your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and Your card issuer and the Platform shall not be responsible if Your card issuer declines to authorize payment for any reason. The Platform will retain the legal ownership of all products until full payment has been made by You and received by us and legal ownership of the products will immediately transfer back to us if We refund any payment for the Products to You. For Your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and You authorize it to verify and authenticate Your payment information. Kindly note, it is possible that Your card issuer may charge You an online handling fee or processing fee. The Platform will not be responsible for this. In some places, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
14.3. Terms and conditions and privacy policy of the third party payment gateway are applicable to the Users. You may review the same at
15. Delivery
15.1. The User’s order will be delivered by the delivery date set out in the order confirmation (minimum 2 days) or, if no delivery date is specified, then within 14 days after the date of the order confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
15.2. Your order will be delivered to the delivery address that You specify while placing Your order. If We are unable to deliver to Your delivery address, for example if Your delivery address is geographically remote, We will notify You before We accept Your order.
15.3. The Platform will deliver the products in accordance with the delivery option selected by You. Whenever referred to, working days shall exclude Saturdays, Sundays, and public holidays.
16. Cancellations.
16.1. You shall have the option to cancel Your order for a product at no cost any time before the product has been dispatched within India, unless otherwise expressly specified in the Platform for certain products.
16.2. If the order or the products that You want to cancel has not been shipped yet, You can write to the customer support team at support@dermamd.in or call us at +918433867630 between Monday to Friday 10 AM to 6 PM. In such scenarios, the order will be cancelled, and the money will be refunded to You within 48-72 business hours after the cancellation request is duly processed by us, subject to the Company's discretion.
16.3. If You wish to cancel an order that has been shipped but has not yet been delivered, please get in touch with our customer support team on support@dermamd.in. Your order may or may not be cancelled at the Company's discretion.
16.4. If You have cancelled an order, which has already been handed over to the courier company from our end, they may still attempt delivery. Kindly do not accept the delivery of the order.
16.5. Once We receive the products back and verify its packaging/condition, We will refund Your money within 48-72 business hours. We may charge for the wear and tear, shipping charges, return expenses, etc.
16.6. In case of cancellation once the shipment has already been dispatched or if it is being returned, We process the refund once the products have been received and verified at our warehouse.
16.7. For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 48-72 business hours of us receiving the products back. It may take 2-3 additional business days for the amount to reflect in Your account.
16.8. For cash on delivery transactions, if You have accepted the product and made the payment on delivery, We will initiate a bank transfer against the refund amount against the billing details shared by You. This process will be completed within 24-48 business hours of us receiving the product(s) back and Your bank details on email. It will take an additional 2-3 business days for the amount to reflect in Your account.
17. Returns
17.1. Products once sold cannot be returned. We only replace items if they are defective or damaged.
17.2. You may raise replacement request for the products You buy from the Platform within five (5) days of its delivery, Products are eligible for replacement if You've received them in a condition that is physically damaged, defective, if a product is missing or in case of an expired product. Products are also eligible for replacement if the product received is different from its description on the product as detailed on the Platform when the order was placed.
17.3. Replacement will be processed only if:
17.3.1. Upon initiating return, it shall be determined that the Product was not used or damaged while in Your possession.
17.3.2. Expiry date of the product should be confirmed on the physical product.
17.3.3. The product was not damaged due to misuse/overuse.
17.3.4. Serial number is intact.
17.3.5. The product is not different from what was shipped to You;
17.3.6. The product is returned in original condition (with brand's/manufacturer's box, MRP tag intact, user manual, warranty card and all the accessories therein).
17.3.7. Products may not be eligible for replacement in some cases, including cases of buyer's remorse such as incorrect variant of product ordered or incorrect product ordered.
17.3.8. The replacement should have been initiated within five (5) days of delivery of the products.
17.4. In order to initiate replacement, the following process has to be the following:
17.4.1. Contact our Customer Support team via email at support@dermamd.in within five (5) business days of receiving the product.
17.4.2. Provide us with Your order ID details and Your request to replace Your order. Kindly email an image of the product and the invoice for our reference.
17.4.3. Provide us with unboxing videos of damaged, defective, or missing products received to determine if the product at the time of delivery was damaged, defective, used, missing, expired, or different from the one ordered. This ensures smooth handling of product returns or exchanges.
17.4.4. We will pick up the products within 2-4 business days. We will initiate the replacement process only if the products are received by us in their original packaging with their seals, labels and barcodes intact.
18. Other Conditions
Whether in the capacity of a Visitor or User, You should not use the Platform:
18.1. For any purpose that is unlawful, illegal or forbidden by law;
18.2. In any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers, and / or any other visitor/user;
18.3. To remove any copyright and other proprietary notices contained in any content on the Platform;
18.4. To copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform;
18.5. To send communications containing unsolicited / unauthorized advertisements, promotions or marketing material;
19. Terms of Service.
19.1. When You use the Platform and provide your reviews on products purchased on the Platform, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the Platform, that:
19.1.1. Belongs to another person and to which You have no right;
19.1.2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
19.1.3. Harms minors in anyway;
19.1.4. Infringes any patent, trademark, copyright, or other proprietary rights;
19.1.5. Violates any applicable laws;
19.1.6. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
19.1.7. Impersonates another person;
19.1.8. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
19.1.9. Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
19.2. Usage of any "deep link", "page scrape", "robot", "spider" or other automated device, program, method, or any similar manual process on this Platform is strictly prohibited. You shall not attend to accessed, copied, monitored, obtained or unintentionally obtain or attempt to obtain any material, document or information through platform by any means, by duplicating or circumventing the Platform or its content or the navigational structure or presentation of the Platform or its content in any way. We reserve the right to block such activity. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
19.3. You shall not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those Terms of Service are commonly understood and used on the Internet.
19.4. You shall immediately notify us if any breach or suspected breach of the security on the Platform of which You become aware, or any unauthorized use or disclosure of information is obtained from the Platform, and You will take such action to mitigate the breach or suspected breach as We may direct, and cooperate with us in investigating and mitigating such breach.
19.5. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user on the Platform, or any other user, including any account on the Platform not owned by You, to its source, or exploit the Platform or information made available or offered by or through the Platform in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
19.6. You shall not make any negative, denigrating or defamatory statements or comments about us or our trademarks / brand names or domain name or otherwise engage in any conduct or action that might tarnish our image or reputation, or the image or reputation of other users or third parties on the Platform. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks.
19.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform. You shall not attempt to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform
19.8. You will not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to us on or through the Platform or when availing any Service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
19.9. You shall forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to us on or through the Platform or when availing any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
19.10. You agree not to use the Platform in any other way that violates (a) these Terms of Service, (b) applicable laws, or (c) the rights of any third party.
20. Confidential Information
20.1. "Confidential Information" shall mean all information and materials supplied by the Platform or the User that: (a) if in written format is marked as confidential, (b) if disclosed verbally is noted as confidential at the time of disclosure, or (c) in the absence of either (a) or (b), if information that a reasonable party would consider to be non-public information and confidential. Content on the Website, Application, information about Visitors and/or Users, technical formulas and processes, source code, product designs, financial information, business plans, specifics of products, product specifications, projections, marketing data, and other similar information provided by any party are all considered Confidential Information.
20.2. You acknowledge and agree that certain information available on the Platform may be designated as confidential by the Company and You will not attempt to use or personally benefit or disclose such Confidential Information to any third party, without having obtained prior written consent / authorisation from the Company.
21. Third Party Sites
You understand that third party services may be made available on the Platform. Please note that in the event You choose to avail any such third party services that are made available on the Platform, You will be absolutely and solely responsible for Your interactions with such third party service providers. The Platform shall not be held responsible for any lapses, shortcomings or deficiency of products/services by such third party service providers to You. The Platform hereby does not endorse the products or services of any third party service providers that are made available on the Platform.
22. Disclaimer
22.1. The platform is provided "as is" and "as available." apart from the extent such representations and warranties are not legally excludable, neither we nor our holding, subsidiaries, affiliates, partners or licensors make any representations or warranties of any kind whatsoever, express or implied, with respect to the Platform or any of the platform content
22.2. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties is beyond our control. We are not responsible for the accuracy or completeness of information available from or through our website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that the Company is not responsible or liable for any claim, loss, or liability arising from the use of the information.
22.3. We only offer OTC (over the counter) products, items, or services; the appearance of materials relating to any such products, items, or services on the website does not imply our endorsement of such products, items, or services. You agree to evaluate the services' definitions, functionality, and limitations and to determine independently whether they are suitable for Your use.
22.4. You agree that, to the fullest extent permitted by applicable law, neither the Company nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) network, technical or other operational difficulties or problems resulting from communication failures by telecommunication service providers, internet service providers or the system which may result in loss of your data or business or monetary loss; (b) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification;
22.5. Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e)viruses, system failures or malfunctions which may occur in connection with your use of the website, including during hyperlink to or from third party websites: (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected
22.6. Further, to the fullest extent permitted by law, neither We nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof of the Platform regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if We have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the amount mentioned herein.
22.7. You agree that no claims or action arising out of, or related to, the use of the Platform or these Terms of Service and conditions may be brought by You more than one (1) year after the cause of action relating to such claim or action arose. If You have a dispute with us or are dissatisfied with the site, termination of your use of the sites The Platform will have no other obligation, liability, or responsibility towards You.
22.8. The company is not responsible for allergies, irritation and skin reactions of any kind resulting in use of any of the products. It is the your responsibility to check for allergic reactions and they should conduct an allergy patch test before committing to using the product. Any advice or recommendation is not a substitute for a professional doctor's consultation.
23. Indemnity
You agree to defend, hold harmless and indemnify the Company and its licensors and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or in connection with (a) Your use or misuse of the Platform or (b) Your breach of any provision of these Terms of Service or applicable laws or (c) any breach of the representations, warranties, and covenants made by You herein or (d) Your infringement of any intellectual property or other right of any person or entity, (e) or any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part or on the part of Your employees, subcontractors and agents in performance of their obligations under these Terms of Service or (f) as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. This clause shall survive the expiry or termination of the Terms of Service of Use.
24. Down-Time
The Company shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to downtime resulting from technical reasons, or any reason whatsoever, whether or not under the Company’s control. However, it shall be in our best endavour to make sure that the Platform is operational at all times.
25. Limitation Of Liability
The Company is not liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill arising out of or in connection with the use of the Platform, even if the Company has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) the services or products procured via the Platform or (c) unauthorized access to or alteration of transmissions or data, or (d) malicious or criminal behaviour, or false or fraudulent transactions or (e) technical or other operational lapses on the Platform. In any event, the overall and aggregate liability arising out of these Terms of Service shall not exceed the price paid by You for the products) or Rs. 1,000/- (Indian Rupees One Thousand Only) whichever is lower.
26. Governing Law and Jurisdiction
26.1. These Terms of Service along with Your use of the Platform are governed by and construed in accordance with the laws of India. Any dispute arising out of the Terms of Service shall be subject to jurisdiction of courts of Mumbai in India.
26.2. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996 along with all amendments.
26.3. The venue and seat of arbitration shall be at Thane, Maharashtra, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
26.4. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
27. Grievance Officer:
In accordance with Information Technology Act, 2000 and The Digital Personal Data Protection Act, 2023 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Name: Abhishek Oka
Email Id: support@dermamd.in
Address: Derma MD Clinics, Ground Floor, Vaidya Bungalow, MG Road, Naupada, Thane 400602.
28. General Provisions
28.1. Entire Agreement: The Terms of Service constitute an entire, valid and binding agreement between the User and the Company and governs Your access and use of the Platform.
28.2. Advertisement: The Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform.
28.3. Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
28.4. Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
29. Contact Us
If You have any questions or concerns regarding these Terms of Service or for any technical support, please contact us at support@dermamd.in
© All Rights Reserved.
The terms and conditions were last updated on 30/10/2024.
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