Terms and Conditions
This user agreement is an agreement between you and DermDoc having its registered office at Manash Lifestyle Pvt. Ltd., 101 B, Raheja Plaza, L.B.S. Road, Ghatkopar (West), Mumbai – 400086 governing your use of DermDoc's software with the characteristics and features as described on this Site and the DermDoc mobile App and availing of our services by you which includes, providing a platform for you to purchase of products from our Site/App. The term DermDoc shall mean and include its subsidiaries and affiliates and to that extent they are bound by the terms of this Agreement.
By accessing the Site or the App at your option, registering thereon and thereafter using the Services as a Registered User or guest User, you agree to be bound by this Agreement and the terms contained in it.
This Agreement governs your access and use of this Site/ App and applies to all visitors, users and others who access the Service. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Site/ App. DermDoc will not be liable for any consequences arising from your unauthorized use.
We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Site/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Site/ App. All changes are effective as soon as we post them and by using the Site/App thereafter and availing of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Site/App is subject to the most current version of the terms of use posted on the Site/App at the time of such use.
- ACCESS
- Initial Access - Access to the Services, without becoming a Registered User, is provided by us on a temporary basis and for promotional purposes, and we reserve the right to: withdraw or amend the promotional features (within the Services) that we provide on our Site/App; and/or (ii) restrict your access to some parts of/entirety of our Site/App from time to time without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
- Full Access - To access the Services, you will need to register on the Site/ App and be able to access after a “Registered User” account is created for you. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Site. Once you complete registration on the Site/App, we provide you with complete access of the Site/App the Site/App:
- allows you to view the complete Site/ App and post content on the Site/ App;
- allows us to contact you, if necessary, to inform you of changes to the terms of use of the Site/App or describing new services that we enable on the Site/App and allows you to make use of the Services on the Site/ App subject to these terms and conditions.
- REPRESENTATIONS AND WARRANTIES
By using the Services and completing the registration process and becoming a Registered User, you represent and warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updating of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement; (d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the representation provided by you on the Site/App.
- TERMS OF USE
- DermDoc grants you permission to use the Services as set forth in this Agreement, provided that you will comply with the terms and conditions of this Agreement.
- Upon completing the registration process, you will be provided with a username, password, or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify DermDoc of any unauthorized use of your password or username, by sending details of such unauthorized use to: care@buydermdoc.com
- You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to DermDoc for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
- Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, data, videos, audio files or other material or information on the Site/ App, or to make contact with other users of our Site/ App, you must ensure that your contribution must not:
- Belong to another person and contain any information that breaches his privacy;
- Be defamatory, obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction (including data protection laws);
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any intellectual property including copyright, database right or trademark of any other person;
- be in violation of any legal duty owed to a third party, terms of a contract or confidence;
- be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to minors;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
- contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism;
- be such that it is known by you to be false, inaccurate, or misleading;
- contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
- threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or is insulting to another nation.
- You shall not do any acts that breaches of the following terms of use of the Site/App:
- Distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Services and all content provided to you as part of the Services or the Site/App;
- Attempt to decompile, reverse engineer, or otherwise disassemble any content provided to you as part of the Services or the Site/App;
- Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
- Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
- Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
- Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
- Use any of DermDoc’s domain name as a pseudonymous return email address;
- Access or use the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/ App is hosted;
- Access or attempt to access any content that you are not authorized to access by any means;
- Access the Site/ App through any other means other than through the interface that is provided by us;
- Alter or modify any part of the Services; and
- Disrupt or interfere with the security of, or otherwise cause harm to the Site/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.
- When we consider that a breach of the Content Standards (as stated above) has occurred or the terms of use under this Agreement has been breached, and we may take any action legally available, including all or any of the following actions:
- we may at our discretion take down any such content immediately;
- immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App;
- immediate, temporary, or permanent removal of any other content/contribution already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
- initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- Upon termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers (other than through remedy available under applicable data protection legislation. All licenses granted to you by DermDoc to the Site/App or the Services will automatically terminate.
- PRIVACY POLICY AND YOUR PERSONAL INFORMATION
- In addition to the data that we collect when you visit our Site, we collect some more data when you register yourself as a ‘Registered User’ and/or avail our Services. Such personal information collected include the following:
- Your name, age, gender, phone number, e-mail address, mailing address;
- Your ethnicity or sexual orientation;
- Username, password or other relevant unique identifiers;
- Credit card/debit card/other payment mode used by you on the Site/App/payment gateway;
- Your location (unless you deactivate location services); and
- What device you use to access the Site/App and its details (model, operating system, etc.)
- You agree and hereby specifically allow DermDoc to use your information for promotion and marketing of our programs.
- The Personal Information collected and processed with your consent or under a contract or to serve our legitimate business interest (such as: direct marketing). The following are examples of how we may use your Personal Information to:
- Provide you the Services availed by you;
- our using your contact details to send you Service-related notices (change in features, special offers, advertisements, etc.) or any notices required by law. You may use your settings to opt out of Service-related communications; and
- to contact you from time to time, to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new offers and promotions on the App.
- The Personal Information is accorded the same treatment as per other Personal Information mentioned in our Privacy Policy
- RIGHTS RESERVED BY DERMDOC
- We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
- We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with the terms and condition of this Agreement or the Privacy Policy.
- We have the right to investigate and prosecute for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
- While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. However, we have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Site/App constitutes a violation of their intellectual property rights, or of their right to privacy.
- Subject to the receipt of a complaint from a User, we have the right to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any Service. For some of the Services, DermDoc may (but shall be under no obligation to) provide tools to filter out content which is deemed to be unsuitable at our sole discretion.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of DermDoc, its Users, its Registered Users and the public. DermDoc shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
- DermDoc shall not be liable to you or to any third party for any modification, price change of any product, suspension, or discontinuance of the Services.
- DISCLAIMERS
- A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to Sites of third parties selling the product information requested by you. DermDoc hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that DermDoc is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Some areas of the Services may allow Users to post User Content. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Site/App, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. DermDoc will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
- We hereby disclaim and exclude our liability for all action we may take in response to breaches the terms of this Agreement or the Privacy Policy. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
- Your correspondence or business dealings with, or participation in promotions of, sellers, advertisers found on the Site/App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, DermDoc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Site/App.
- All commercial/contractual terms are offered by and agreed to between the User/Registered Users and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. DermDoc does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
- DermDoc does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. DermDoc does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. DermDoc accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- DermDoc is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. DermDoc cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. DermDoc shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
- DermDoc does not at any point of time during any transaction between the User/Registered User and the Seller on the Site/App come into or take possession of the product or services offered by the sellers nor does it at any given point of time gain title or have any rights or claims over the products or services offered by the Seller to the User/Registered User.
- DermDoc is only providing a platform for communication and it is agreed that the contract of sale any of the products or services shall be a strictly bipartite agreement between the User/Registered User and the Seller. At no time shall DermDoc hold any right, title or interest over the products nor shall DermDoc have any obligations or liability in relation to of such agreement.
- DermDoc is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products being out of stock, unavailable or back ordered.
- The User/Registered User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. which the sellers offer on the Site/App and is agreed upon by the User/Registered User.
- The sellers/advertisers/third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- You agree that your use of the Site/App and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App and the Services and the display of the products sold on the Site/App are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. DermDoc shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the products displayed on the Site/App will meet your specific requirements; (ii) the Services or delivery option provided by the sellers will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the products displayed by the sellers on the Site/App will be accurate or reliable; and (iv) the quality of any products or other material purchased or obtained by you through the Site/App and/or accuracy of any information provided along with the products, will meet your expectations or be compliant with applicable law; and (v) any errors in the Services will be corrected.
- No content of the Site/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Site/App. Reliance on any such content is solely at your own risk.
- You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of DermDoc and its employees, directors, officers. Under the terms herein, you expressly agree to release and discharge the employees, directors or officers of DermDoc from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the employees, directors or officers of DermDoc for personal injury or property loss or damage.
- For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 6 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
- If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of the terms and conditions of this Agreement are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
- While availing any of the payment method/s offered by DermDoc, DermDoc is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- (i) lack of authorization for any transaction/s;
- (ii) or exceeding the preset limit mutually agreed by you and between your "Bank/s";
- (iii) or any payment issues arising out of the transaction; and/or
- (iv) or decline of transaction for any other reason/s.
- Risk of loss: All items purchased from the Site or App are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- INTELLECTUAL PROPERTY
- All right, title, and interest in usage of the terms of this Site, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
- All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of DermDoc and its licensors. Any use of this Site/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of DermDoc.
- Except as expressly provided in these terms of use, no part of DermDoc and no content or marks, data, statistics, independent research conducted and posted by DermDoc may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“Mirroring”) to any other computer, server, site, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
- By accepting the use of terms hereunder you agree that the DermDoc does not transfer/assign the title to the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by us and we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner which is contrary to this Agreement.
- Any usage of DermDoc’s contents, without the written authorization of DermDoc, shall be considered a breach of this Agreement, and you shall be required indemnify DermDoc for all liability incurred in this regard.
- Subject to the terms and conditions of this Agreement of use set forth in this Agreement, DermDoc grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted i.e., posting User Content, using the Site/App to avail the Services.
- By Posting any User Content on the Site/App, you expressly grant, and you represent and warrant that you have a right to grant, to DermDoc a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site/App and under this Agreement. You understand that DermDoc, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit DermDoc to take these actions. You confirm and warrant to DermDoc that you have all the rights, power, and authority necessary to grant the above license.
- You are solely responsible for your contributions to any online forum DermDoc may offer through or as part of the Services, such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to DermDoc, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to DermDoc a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
- At DermDoc, we respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at care@buydermdoc.com
- PRODUCT DESCRIPTION AND PRICING
- DERMDOC tries to be as accurate as possible. However, DermDoc does not warrant that product description or other content of this site is accurate, complete, reliable, current or error-free.
- Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. DermDoc will try to be accurate, however if you come across any difference in pricing on the Site or App pre and post orders, we request you to contact us within 24 hours of placing the order. DermDoc shall then refund the difference amount within 10-12 working days from the date of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on delivery order refunds will be done by bank details provided by you on email. If DermDoc comes across any such difference in pricing, it has all the right to rectify the same or cancel the order.
- REFUNDS OR CANCELLATION
- DermDoc hopes that you never have to cancel or return a product. At the same time we would be there to help you do so due to certain circumstances. As a first step we are laying our cancellation and return policy to take care of your hassles.
- Order has not been shipped yet: Any order which has not been shipped can be cancelled partially or fully. The amount paid by you (if it is a prepaid order) would be refunded to you and should reflect in your account in 10-12 working days.
- Order was damaged when received: We mandate that sellers listed on our website take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond control, the items delivered might get damaged in transit. The sellers would replace or cancel your order under such circumstance. We would request you to inform us and the sellers of the damage within 48 hours of receipt of order. Any refund would happen only after proper check of the damaged material.
- Incorrect items received: We are proud of the robustness of our fulfilment process and the right shipment would reach the right person at the right place. In case you receive items that are different from the ones you ordered, we will require the sellers to ship the right items to you right away. Please send us an email at care@buydermdoc.com with the order ID and complaint details. We would respond to it in 48 hours. We would try and reverse pick up the product from your location wherever possible, at other locations we will try and find a mutually agreeable solution. Refund would be processed after the item has been shipped back or picked up from customer location.
- Any other reasons for cancellation or return would be handled on a case to case basis. Following shall not be eligible for return or replacement:
- Damages due to misuse of product
- Incidental damage due to malfunctioning of product
- Any consumable item which has been used or installed
- Products with tampered or missing serial / UPC numbers
- Any damage / defect which are not covered under the manufacturer's warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered.
- Cancellation of order: DermDoc reserves the right to cancel any order without any explanation for doing so, under situation where DermDoc is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Site or App policy or for any other reason. However, DermDoc will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
- INDEMNITY AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless DermDoc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and/or the Site/ App; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
- The material and/or products displayed on our Site or App is provided without any guarantees, conditions, or warranties. DermDoc is not liable for:
- conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
- products and/or information provided by sellers/advertisers;
- non fulfilment of commitment, promises, covenants by sellers/advertisers or their representation or warranty being found untrue;
- Any liability for any indirect or consequential loss or damage incurred by any User/Registered User in connection with the Services, our Site/ App or in connection with the use/inability to use/results of the use of the Services or our Site/ App, any sites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
- Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/ App to use the Services.
- FORCE MAJEURE
- DermDoc shall not be liable for any failure to perform or delay in performance of any of its obligations (other than payment obligations for the Service rendered) under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean cyber-terrorism, server crash, power failure, fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack or any such events or circumstances which are wholly outside the control of the party affected thereby.
- DermDoc will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than forty-five (45) consecutive days and DermDoc is still unable to perform its obligation, then DermDoc may terminate this Agreement upon notice to you without being liable for any compensations or claims.
- Nothing contained in this agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
- GOVERNING LAW
- The jurisdictional court of Mumbai, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in your country of residence, country of use or other relevant country. The laws of Mumbai, Maharashtra, India govern this Agreement and these terms and conditions of use of the Services.
- DermDoc accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
- CONTACT US
If you have any questions or complaints about the Services, the Site/ the App and their contents please contact us at care@buydermdoc.com