TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING AN ACCOUNT, ACCESSING OR USING THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, OR YOUR ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE AND OUR PRIVACY POLICY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL DOCTOR PRIVATE WITH RESPECTION TO THE SERVICE PROVIDED IN SKIN BEAUTY PAL (ALSO KNOWN AS SKINBEAUTYPAL), INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICE THEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

These terms of use (“TOS”) apply to your access to, and use of, Skin Beauty Pal (also known as SkinBeautyPal) APP of Digital Doctor Pvt. Ltd ('Digital Doctor', 'we' or 'us'), which provides an internet real-time communication/sharing multi-media contents service and a client application for multiple platforms which also allows you to store, save, analyze, and back up all photos of your face skin, review primary comments on your complexion based on the photos you uploaded to Skin Beauty Pal, review materials about Skin Beauty Pal’s suggestion to the condition of your complexion, consult with doctor through remote diagnose, make an appointment with doctor, and purchase the relevant products (the 'Service'). If you are using Skin Beauty Pal on behalf of any other person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf, and you hereby agree to indemnify Digital Doctor in case of any liability arising out of the violation of terms of the present agreement.

SCOPE OF SERVICE

Users of the Skin Beauty Pal may submit, upload and post photos, pictures, makeup looks, graphics and other content (“Content” as described below), which will be stored by the Skin Beauty Pal APP at the direction of such registered users , and may be shared and distributed by such users, and other users using our Service which is accessible via our website and apps. This Service offers secure private cloud storage for users when users register with a Skin Beauty Pal account. You may access and use the Service, Digital Doctor Content and User Submissions (as described below) for your own personal use.

ELIGIBILITY AND REGISTRATION REQUIREMENT
FOR A SKIN BEAUTY PAL ACCOUNT

To become a ”Skin Beauty Pal” User, you must be at least of legal age in your country. If you are not of legal age, you cannot access or use the Service. Before using the Service, you have to set up a “Skin Beauty Pal” account ('Account'), and to provide true, accurate, current and complete registration information about you as requested in the registration process (“Registration Data”), in which you may be requested to provide your email address, a corresponding username and password in the registration. Any use of another person's account without permission is not allowed.

You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone and you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions.

When you create a Skin Beauty Pal Account, you agree to (a) maintain and promptly update the Registration Data and other information you provide to Digital Doctor in order to keep it true, accurate, current and complete; and (b) take all risks of unauthorized access to the Registration Data and any other information you provide to Digital Doctor.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Digital Doctor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Digital Doctor has the right to suspend or terminate your Account and refuse to allow any and all current or future use of Service (or any portion thereof) by you. Please be advised that you may be liable for the losses of Digital Doctor or others due to any unauthorized use.

You agree to notify Digital Doctor immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify Digital Doctor immediately so that a new user name or password can be created.If you create a Skin Beauty Pal Account, you consent us to use the email stated in your account to provide you with any notices required under the TOS.

DIGITAL DOCTOR CONTENT (SUCH AS ANALYSIS, ARTICLES, WEEKLY ENHANCEMENT PLAN, REMOTE DIAGNOSE, AND PRODUCT SUGGESTION)

Certain types of content are made available through the Service. 'Digital Doctor Content' as used in the TOS means, collectively, the article, text, data, graphics, images, photos, video files, and other content and information made available through the Service, no matter whether its copyright owned by Digital Doctor, its copyright owner or others, excluding User Submissions.

'User Submissions' as used in the TOS means, collectively, the text, data, graphics, images, photos, audio, video and other content and information which users of Service share, send, post, upload and otherwise submit to Digital Doctor through the Service, including without limitation in user created profile pages. Digital Doctor will not be liable for any third party claim or assertion of its intellectual properties in relation to User Submission. In case of any third party claim of infringement of any intellectual property right against Digital Doctor in relation to User Submission, user of Service would be under obligation to indemnify Digital Doctor in relation to any such claims.

Please note that by submitting or posting any User Submission onto our Service which is accessible by other users of this Service, you consent to share such User Submission with other users of this Service and grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or display such User Submission onto this Service strictly consistent with the purpose for which such User Submission was submitted or made available by you. The user is responsible for the acquisition of rights to the content such as the text, data, graphics, images, photos, audio, video and other content and information which user of Service share, send, post, upload and otherwise submit to Digital Doctor through the Service. User ensures that it has all the rights in respect of the User Submissions and it does not violate the rights of any third parties.

DIGITAL DOCTOR RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY DIGITAL DOCTOR CONTENT OR USER SUBMISSIONS FROM THE SERVICE WITHOUT NOTICE. If User elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related the Service or Product (collectively, “Feedback”), User hereby grants Digital Doctor a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however Digital Doctor is not obligated to identify User as the source of the Feedback. Nothing in this Agreement limits Digital Doctor’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

PRODUCT PURCHASE FROM SUPPLIER

Products available through Skin Beauty Pal are distributed by the third-party suppliers (“Supplier”) If you purchase any product through Skin Beauty Pal, the seller of the Product is the Supplier distributing the Product in Skin Beauty Pal, not Digital Doctor. You therefore form a purchase and sale relationship with the Supplier, instead of Digital Doctor which provides a platform for the Supplier and you to proceed with the transaction of the Product only. The Supplier will be solely responsible for the product warranty, support, maintenance, and after sale service of the Product, if any, and any complaints you have about the Product.

The Supplier shall be solely responsible for, and Digital Doctor shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Product you purchased and/or the use of the Product by you or by any user, including, but not limited to: (i) claims of breach of warranty or representation in the Product’s specification or explanation, or under applicable law, about the Product; (ii) product liability claims; and (iii) claims that any of the Product infringes any intellectual property rights or other right or interests of any third party.

The Suppliver is solely responsible for (and that Digital Doctor has no responsibility to You or to any third party for) any breach of its obligations under its purchase and sale agreement with you, or contract or terms of service of third party, or any applicable law or regulations relating to the sale or the Product, and for the consequences (including any loss or damage which Digital Doctor or any third party may suffer) of any such breach.

Digital Doctor is not responsible and not liable for the product liability of the Product you purchased through Skin Beauty Pal. The supplier and manufacturer of the Product shall take sole responsibility and liability of the product liability thereon

PAYMENT AND REFUND

Payment: When you purchase a Product for which a fee is payable, you shall select or confirm your payment method. You must be authorized to use the payment method you select or confirm. You are responsible for the timely payment of all fees and for providing Digital Doctor with valid payment method information for payment of all fees. You authorize Digital Doctor to charge you for product purchases using your payment method. Your payment method may require us to send your charges to a third party, such as a payment processor.

Prices and Taxes. The price for Product excludes all taxes and other charges as stated with the distributed Product (including but not limited to GST, VAT, and etc.), unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you and all other charges to be incurred. Please be advised that any currency exchange settlements are based on your contract with your payment method provider.

Refund Policy. Unless otherwise provided by law, refunds for purchases will be governed by the Refund Policy specified by the Supplier in connection with the purchased Product. You can view the return policy of the Supplier before you make any purchase. Digital Doctor will not be liable for any refund claim or processing of any refund request.

USER OBLIGATION

Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Digital Doctor Content or that enforce limitations on use of the Service or the Digital Doctor Content therein.;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, 'pyramid schemes' or any other form of solicitation;
Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Perfect;

Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;

Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Digital Doctor providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Attempt to probe, scan or test the vulnerability of the Service or any Digital Doctor system or network or breach or impair or circumvent any security or authentication measures protecting the Service;

Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing; Collect or store personal data about other Users without their explicit permission;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;

Use the Service in any manner not permitted by this Agreement; Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;

Harm or attempt to harm minors in any way; Stalk or otherwise harass another, or attempt to do the same;Use the service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, Suppliers, and/or vendors (collectively, the “Digital Doctor parties”), or any customer of or supplier to a Digital Doctor party; or Resell or redistribute the Service, or any part of the Service.