TERMS AND CONDITIONS

 

1. Agreement to use the Platform:

 

Please read these Terms and Conditions (“Terms”/ “Agreement”), a legal agreement between Garekars MD Dermatology & Aesthetics Clinic, a sole proprietorship firm registered under the Laws of India having its registered office at LG 07, Southpoint mall, Golf course road, Gurgaon (hereinafter referred to as “Garekars MD” or “We” or ”Us” or “Our” similar) of the first part AND the Users/Visitors (defined below) of the second part (hereinafter collectively referred to as “you” or “yours” or similar).

 

The Terms have been drafted in compliance with the (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under and any amendments to the same, including the (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the (v) Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.

 

The Terms shall govern use of and access to <www.garekarsmdstore.com> (the “Website”) and the technology platform accessible through desktops, mobile phones, smart phones, tablets, plugins and API (“the Application”) which offers a platform for facilitating the sale of various Products (defined below) made available through the Website and Application. Garekars MD is the owner of the Website and Application collectively referred to as “Platform”.

 

This Agreement describes the terms governing your use of the Products and services provided to you on the Platform, including content, updates and new releases. The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms along with the Privacy Policy, and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time. You agree that by merely accessing the Platform or clicking “Create Account”, “Log in”, “Register” or using this Platform, you agree to be bound by the Terms and are thereby agreeing to enter into a legally binding contract with Us. If you do not agree to be bound by the Terms, please do not access or use the Platform. You are also responsible for complying with your obligations under applicable laws for visiting, accessing and using the Platform. We request You to kindly read these Terms carefully and do not click “Log In” or “I accept” or continue the use of the Website, Application and Services unless You agree fully with these Terms.

 

Kindly review these Terms periodically. The Terms may be updated / modified at any time and from time to time, for any reason at the sole discretion of Garekars MD. Such updates / modifications will become effective immediately upon its posting on the Platform. The date of the Terms will accordingly be amended on the Platform and you will also be informed of the updates / modifications by way of an email or notification upon log in / sign in to the Platform. Your continued use of the Platform following the posting of the updates / modifications to the Terms will have deemed to be your acceptance of the revised terms.

 

1. Privacy Policy:

 

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Us in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at Our sole discretion.

 

• Scope of the Terms

 

The Terms apply to sales of Products and/or provision of services offered through the Platform accessible to both Users and Visitors, however certain features of the platform may be available only to Users once they have registered. The Users and Visitors shall hereby accept these Terms upon using/accessing the Platform.

 

IV.                Definitions

 

As used in these Terms, the following terms shall have the meaning set forth below:

 

• Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Website, Application, information regarding the Visitors and/or Users; all types of data, information, ideas, specifications, procedures, Website and/or Application, technical processes and formulas, source code, product designs, financial information, business plans, details of products, product specifications, projections, marketing data and other similar information provided by a party, documentation, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.

 

• Effective Date means the Date on which You accept these Terms by clicking ‘Log In’ or ‘I Accept’ or ‘Register’ or enter into an agreement with the Company.

 

• Products refer to those products which are available for sale on the Platform and which may be introduced, added or amended from time to time.

 

• Services refer to the service of facilitating the sale of Products offered through the Platform.

 

• User shall mean any person who registers and creates an account as a user on the Platform for availing the Products and Services.

 

• Visitor refers to any individual or entity browsing the Products available on the Platform, but has not yet registered on the Platform.

 

• All other capitalized terms shall have the meaning ascribed to them in the Other Terms.

 

1. Creating an Account

 

• In order to access, browse and view the Products offered on the Platform, you can do so as a Visitor and need not register. However, if you wish to purchase the Products, check out faster, receive emails about your orders, special offers, events and new Products and avail Services available on the Platform then you will need to register by creating an account on the Platform. The account can be created manually on the Platform by providing details such as your name, email address and by creating a password.

 

• To create an account and use the Platform you must be someone who can form a legally binding contract under the Indian Contract Act, 1872 or you must be competent to contract as per the laws of the country where you reside. If you are a minor, then we assume that you are accessing this Platform under the supervision of your parent or legal guardian. We reserve the right to terminate your user account and refuse to provide you with access to the Platform if it is brought to our notice 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. We will not be liable for any harm caused to you on account of any use of the Platform without appropriate parental consent.

 

• To create an account and register you represent, warrant and covenant that you will 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 to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.

 

• You shall not (a) create any account for anyone other than yourself 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.

 

• You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You undertake not to share your user account details such as your username and password with any other person for their use of the Platform. We 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 are solely responsible for protecting the security & confidentiality of the password & identification assigned to you. You shall immediately notify Garekars MD 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 you as the User will be responsible and shall indemnify Garekars MD 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.

 

• You agree 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 represent that you are duly authorized by the business entity to accept the Terms, and that you have the authority to bind that business entity to the Terms and represent and act on their behalf through your actions on the Platform.

 

• You are responsible for complying with all applicable local or national laws of the country where you reside.

 

We reserve the right to block Your access to the Platform or suspend or terminate your 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 or violated applicable laws in relation to Your use of the Platform.

 

1. Use of the Platform

 

• You agree and acknowledge 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 Us, shall not be sold or resold for any/commercial reasons.

 

• You shall ensure that all information so uploaded/entered within the Platform is true and accurate. Any errors must be reported immediately or corrected. You are responsible for the correctness of your data and shall only upload information that does not infringe upon rights of third parties.

 

• Products

 

• We attempt to be as accurate as possible in the description of the Product offered on the Platform. The Product pictures are indicative and may not match the actual Product. Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the Product designs and colours accurately, we cannot guarantee that a device’s display of the same accurately reflects the design and colour of the Products. Your Product may vary slightly from those images. We do not warrant that the Product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or current.

 

• We reserve 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.

 

• The Products and services available on the Platform, are for your personal use only and shall not be sold or resold for any/commercial reasons.

 

• In case any Products purchased / received from the Platform causes side effects or doesn’t suit you, please note that the Platform is in no manner responsible for any manufacturing side-effects and that manufacturer of the Product shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the Products and consult a specialist before the use of the same.

 

• Any recommendation made to you in the Website during the course of your use of the Website is purely for informational purposes and for your convenience and does not amount to endorsement of the Product by Us in any manner.

 

• Orders

 

• Upon accessing the Platform, you may add the Product(s) to your Cart if you intend on buying 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.

 

• We will notify you by email/message as soon as possible to acknowledge receipt of your order and to provide you with an order number. We will confirm acceptance of your order by sending you an e-mail/message that confirms that the Products have been dispatched.  We 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.

 

• We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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.

 

• All Products are subject to availability. Validly stated prices on our Website remain in effect for so long as the Products are available or as otherwise stated on our Website. We will 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 Our sole discretion. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer.

 

1. Pricing

 

• We have taken great care in the preparation of the content of this Website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or its price as advertised on this Website. All prices are displayed exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus applicable taxes at the current rate and delivery charges as set out during the checkout process. Items in your Cart will always reflect the most recent price displayed on the item’s Products detail page.

 

• Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products and Service (or any part or content thereof) without notice at any time. We 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.

 

 

1. Payment

 

• Payment can be made by any of the following methods: 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 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. You hereby represent that your card gives access to sufficient funds to cover all costs necessary for the payment of the order.

 

• You agree to provide accurate and up-to-date payment information at the time you order any Product. We 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 we are not responsible if your card issuer declines to authorize payment for any reason. We 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. Risk in the Products transfers to you upon delivery.

 

• 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. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

 

1. Delivery

 

• Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.

 

• Your order will be delivered to the delivery address that you specify when 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. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.

 

• The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

 

• We will deliver the Products in accordance with the delivery option selected by you. Whenever referred to, working days shall exclude Saturday, Sunday and public holidays.

 

• Cancellations

 

• 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.
• If the order or the Product(s) that you want to cancel have not been shipped yet, you can write to the customer support team at info@thedermatologystore.com or call us on 9599491986/9667684409 (10AM-6PM) Tuesday to Sunday.
• In such cases, the order will be cancelled, and the money will be refunded to you within 24-48 business hours after the cancellation request is duly processed by us.
• 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 info@thedermatologystore.com .
• In case you have cancelled an order, which has already been handed over to the courier company on our end, they may still attempt delivery. Kindly do not accept the delivery of the order.
• Once we receive the Product(s) back and verify its packaging/condition, we will refund your money within 24-48 business hours. We may charge for the wear and tear, shipping charges, return expenses, etc.
• In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the Product(s) have been received and verified at our warehouse.
• 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 24-48 business hours of us receiving the Product(s) back. It may take 2-3 additional business days for the amount to reflect in your account.
• 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.

 

• Returns:

 

• You may raise returns/exchange request for the Product(s) you buy from the Platform within five (5) days of its delivery, except those that are explicitly identified as not returnable. Products are returnable if you’ve received them in a condition that is physically damaged, defective or different from its description on the Product as detailed on the Platform and they are also eligible for replacement.

 

• Return will be processed only if:

1. it is determined that the Product was not damaged while in your possession.
2. The Product was not damaged due to misuse/overuse.
3. Serial number is intact.
4. the Product is not different from what was shipped to you;
5. 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).
6. Products may not be eligible for return in some cases, including cases of buyer’s remorse such as incorrect variant of product ordered or incorrect product ordered.
7. The return should have been initiated within five (5) days of delivery of the Product(s).

 

• In order to initiate return/exchange the following process has to be followed:

1. Contact our Customer Support team via email at info@thedermatologystore.com within 5 business days of receiving the Product.
2. Provide us with your order ID details and your request to return/replace/refund your order. Kindly email an image of the Product and the invoice for our reference.
3. We will pick up the Products within 2-4 business days. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels and barcodes intact.

 

• Your conduct in using the Platform

 

• Whether in the capacity of a Visitor or User, you should not use the Platform:

 

1. for any purpose that is unlawful, illegal or forbidden by law;
2. In any manner that harms Garekars MD or its directors, employees, affiliates, distributors, partners, service providers, and / or any other visitor/user;
3. to remove any copyright and other proprietary notices contained in any content on the Platform;
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;
5. to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material;
6. in any manner other than as agreed in these Terms.

 

• 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:

1. Belongs to another person and to which you have no right;
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;
3. Harms minors in anyway;
4. Infringes any patent, trademark, copyright, or other proprietary rights;
5. Violates any applicable laws;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
7. Impersonates another person;
8. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
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.

 

• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any 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 to 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.

 

• You shall not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

 

• You will immediately notify Us of any breach or suspected breach of the security of the Platform of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Platform, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.

 

• 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.

 

• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) 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.

 

• 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.

 

• 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.

 

• You agree not use the Platform in any other way that violates (a) these Terms, (b) applicable laws, or (c) the rights of any third party.

 

XV.                Ownership of Content on the Platform

 

• Platform and Platform content: All rights, title and interest in and to the Platform, including all material on the Platform such as all text, graphics, button icons, images, audio & video clips, & software (collectively, “Platform Content”), belongs exclusively to Garekars MD or to our licensors. The collection, arrangement, & assembly of all Content on this Platform (the “Compilation”) belongs exclusively to Garekars MD. All software used on this Platform (the “Software”) is the property of Garekars MD. The Content, the Compilation & the Software are all protected by Indian and international copyright laws. Through your use of the Platform, by no means are any rights impliedly or expressly granted to you in respect of such works.

 

• Garekars MD grants You a limited, personal, non-transferable, non-sub-licensable and revocable license to access and use the Platform or any part thereof for availing the Products and Services, but not to download any Platform Content from it (other than page caching) or modify it, or any portion of it, except with express written consent of Garekars MD and / or its affiliates, as may be applicable.

 

• This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information or Platform Content available on the Platform for the benefit of anyone other than Your personal non-commercial use; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use of the Platform shall result in termination of the permission or revocation of the license granted by Garekars MD.

 

• 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.

 

• 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 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 derivate works of such content in order to meet our obligations under the Terms. You agree to indemnify the Platform and Garekars MD 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.

 

XVI.                Confidential Information

 

You acknowledge and agree that certain information available on the Platform may be designated as confidential by Garekars MD 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 Garekars MD.

 

• 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.

 

• Disclaimer

 

• THE PLATFORM IS PRESENTED “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM OR ANY OF THE PLATFORM CONTENT OR USER CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

 

• 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 ARE 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 GAREKAR MD IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR LIABILITY ARISING FROM THE USE OF THE INFORMATION. WE ONLY RECOMMEND OTC ( OVER THE COUNTER PRODUCTS) ITEMS OR SERVICES, AND THE APPEARANCE OF MATERIALS ON THE WEBSITE RELATING TO ANY SUCH PRODUCTS, ITEMS OR SERVICES IS NOT AN ENDORSEMENT OF THEM. YOU AGREE TO REVIEW THE DEFINITIONS, FUNCTIONALITY, AND LIMITATIONS OF THE SERVICES, AND TO MAKE AN INDEPENDENT DETERMINATION OF THEIR SUITABILITY FOR YOUR USE.

 

• YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE 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, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) 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.

 

• 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.

 

• YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR PLATFORM OR THESE TERMS 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 SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

• GAREKAR MD IS NOT RESPONSIBLE FOR ALLERGIES, IRRITATION AND SKIN REACTIONS OF ANY KIND RESULTING IN USE OF ANY OF THE PRODUCTS. IT IS THE BUYER’S 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.

XIX.                    Indemnity

 

You agree to defend, hold harmless and indemnify Garekars MD 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 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 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 Use.

 

XX.                Termination

 

We reserve the right, in the event you breach these Terms of Use stipulated herein, to suspend and/or terminate your access to the Website with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and We reserve the right to remove or delete your information that is available with Us, including but not limited to login and account information.

XXI.                Limitation Of Liability  

 

TO THE FULLEST EXTENT PERMITTED BY LAW, GAREKARS MD 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 GAREKARS MD 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, OUR OVERALL AND AGGREGATE LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT(S) OR INR 1,000, WHICHEVER IS LOWER.

 

XXII.                Governing Law and Jurisdiction

 

• These Terms along with your use of the Platform is governed by and construed in accordance with the laws of India. Any dispute arising out of the Terms shall be subject to jurisdiction of courts of Delhi in India.

 

• 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.

 

• The venue and seat of arbitration shall be Delhi 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.

 

• 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.

 

• Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is as follows:

Name: Siddharth Garekar

Email Id: drsgarekar@gmail.com

 

XXIV.                General Provisions

 

• Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and Garekars MD and governs your access and use of the Platform.

 

• Advertisement: Garekars MD 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.

 

• 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.

 

• Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.

 

XXV.                Contact Us

 

If you have any questions or concerns regarding these Terms or for any technical support, please contact us at info@thedermatologystore.com

 

These Terms were last updated on: June 1, 2021

 

© 2021 Garekars MD Dermatology & Aesthetic Clinic. All Rights Reserved.