1. 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 and consent 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 only.
2. 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 information including but not limited to your phone number, 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.
3. 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 represents that it has all the rights in respect of the User Submissions and it does not violate the rights of any third parties. User shall indemnify and hold Digital Doctor harmless in the event of any claims for violation of the rights (intellectual property rights or otherwise) of any third party.
- 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.
4. Product Purchase from Supplier
- Products (including services) 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, quality, support, maintenance, and after sale service of the Product, if any, and any complaints you have about the Product. Digital Doctor does not make any express or implied guarantees or warranties with respect to the Products distributed by the Supplier.
- 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 Supplier 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.
5. 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.
6. 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.
7. Our right to User Submission
- You acknowledge that we do not pre-screen any User Submissions you uploaded to Skin Beauty Pal, however we may, in our sole discretion, remove any User Submissions and/or rescind or terminate your use of the Service. You acknowledge and agree that we may preserve or disclose any or all portion of your User Submission if required by applicable law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal requirement; (ii) enforce the TOS; (iii) respond to claims that any User Submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Digital Doctor, its Service Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Service and the User Submissions, including your personal data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.
- Digital Doctor will only process and use data necessary for the provision of the services rendered by Digital Doctor, for the use and operation of the Skin Beauty Pal APP and the services offered.
8. Termination; Cancellation; Modification to TOS.
- Digital Doctor may change, suspend, cancel or discontinue the Service, delete features or any portion thereof, cancel or suspend your access to Skin Beauty Pal Service at any time and for any reason. Our cancellation or suspension may be without cause and/or without notice. We, in our sole discretion, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that we believe that you breach or threaten to breach the TOS. Notwithstanding the foregoing.
- After such a termination, or suspension, you understand and acknowledge that we will have no further obligation to provide the Service and no liability for such termination. Upon termination, all licenses and other rights granted to you by the TOS will immediately cease. To the fullest extent permitted by Law, Digital Doctor is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service.
- UPON ANY TERMINATION OR SUSPENSION, ANY USER SUBMISSIONS THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data or User Submission you have stored in connection with the Service may not be retrieved later. Digital Doctor will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not prejudice your obligations to Digital Doctor under the TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
- Notwithstanding the forgoing provision, we reserve the right to terminate Service or your access to Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to Service or deactivate your account, you fully understand and agree that all your data will no longer be accessible by you through your account.
- If we deactivate your account, you may not create another account without our prior written permission.
- In such event, you may no longer be able to access and/or use any Coins associated with that account.
9. Third Party Links.
- Digital Doctor does not own or control over those links to third party websites contained in the Service. You agree that Digital Doctor assumes no responsibility for the availability of such external websites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites.
- By using the Service, you expressly relieve Digital Doctor from any and all liability arising from your use of any third-party website. You further acknowledge and agree that Digital Doctor 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 third-party site or resource.
10. Intellectual Property Rights and Ownership.
- Digital Doctor's Rights and Ownership. Digital Doctor and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, Digital Doctor Content and the trademarks, service marks and logos contained therein other than your User Submissions. Digital Doctor reserves all rights not expressly granted in and to the Service and Digital Doctor Content. You agree not to engage in the use, copying, distribution or modification of any of the Digital Doctor Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.
- License Granted by You in User Submissions. Digital Doctor does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Skin Beauty Pal, you hereby grant Digital Doctor a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites. Digital Doctor will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for Digital Doctor, including all worldwide intellectual property rights therein.
- Limitations and Our rights. You acknowledge and agree that Digital Doctor may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on Digital Doctor's servers. Digital Doctor will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.
- Disclaimer of Digital Doctor. Digital Doctor has no ability and no obligation to monitor any User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services for any purpose and as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. Digital Doctor does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Digital Doctor with respect thereto.
- Digital Doctor is not for use in Emergencies: Never use Digital Doctor or Content or Services in a potential or actual medical emergency.
- You understand and acknowledge that the Service is not an exact science, the degree of improvement is variable and there is no promise or guarantee as to the amount of exact improvement. You also understand that there may not be immediate visible improvement after the treatment/Service and the effect of treatment will not be life-long.
- Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to email@example.com, or a physical letter to Legal Department, Digital Doctor Pvt. Ltd. I-9, LGF, Lajpat Nagar-3, New Delhi - 110024, India, fax: 0120- 4222002.
- Skin Beauty Pal may provide you with options to acquire Coins that may be used and virtually spent in the Skin Beauty Pal only for the Services/Product. Coins collected on Skin Beauty Pal do not have any monetary value. Skin Beauty Pal reserves the right to change this denomination at its discretion. There is no cash alternative of the Coins. No compensation/refund will be offered to you in relation to the coins in your account.
- In addition to the Coins that you may virtually accrue, you may also purchase Coins. Payments for Coins may be made through an in-app purchase. We may limit the number of Coins or the total monetary value of Coins that you may purchase at one time, or over a given period of time, in our sole discretion. Newly purchased Coins credits may not be available for immediate use. If you make any unauthorized purchases of Coins, or if any of your purchase of Coins leads to charge-reversals, chargebacks, disputed charges, dispute fees, or any allegation of payment fraud, we may terminate your account, with or without notice, in our sole and absolute discretion. All purchases of Coins are FINAL and non-refundable.
- If you cancel your order through the app store after you have purchased the Coins in Skin Beauty Pal, we reserve the right to withdrawal the Coins we have sent and other virtual goods. Depending on the severity of each circumstance, Skin Beauty Pal reserves the right to disable your account, cancel and forfeit all the Coins in the account.
- You agree that we will make the necessary corrections and adjustments when your account balance is incorrect due to system maintenance or other technical failures.
- All users are not allowed to trade Coins or accounts privately. You understand and agree that if you trade Coins or account privately, Digital Doctor reserve the right to disable your account and withdraw all the Coins in your account.
- You understand that the purchase of Coins requires actual payment. If you disagree with any part of, or do not fully understand our policy, please refrain from purchasing or using any Coins in connection with the Services/Product
- Coins/Coupons that you may virtually acquire or use the Skin Beauty Pal are a limited license right granted by Skin Beauty Pal and you do not acquire any ownership right to any such Coins/Coupons. Skin Beauty Pal may, at any time, terminate such license right and withdraw or discontinue any Coins/Coupons or may remove your right to use any particular Coins/Coupons or Services/Product.
- Aside from the limited license to use Coins/Coupons or Services/Product you agree that you will not gain any right, title or interest whatsoever in the Coins, or Coupons or Services/Product, and that you may not trade, sell, transfer or transact Coins, or Coupons or Services/Product in any manner except as permitted in Skin Beauty Pal. you further understand that once the Coins are used by you, the action cannot be undone, and the Coins cannot be withdrawn.
- Digital Doctor is not responsible for lost or stolen user names and passwords, or any lost or stolen Coins In the event of any dispute regarding Coins, the decision of Digital Doctor shall be final. No correspondence shall be entertained.
- Digital Doctor is not responsible for changes to, or discontinuance of Coins, or for any effect on or devaluation of rewards caused by such change, discontinuance, or withdrawal of Coins system.
- In particular, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Coins, whether on a free of charge basis or otherwise. We may immediately terminate your account if it comes to our attention that you have accrued, virtually acquired or used Coins in any non-permitted manner.
- If your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit any outstanding Coins
- Personal information collected through Skin Beauty Pal, if any, may be stored and processed in the country in which Skin Beauty Pal or its affiliates, subsidiaries or agents maintain facilities. By using Skin Beauty Pal Services, you consent to any such transfer of information outside of your country. Digital Doctor will abide all applicable law or rules in the relevant countries.
13. Disclaimer of Warranties.
- YOUR USE OF THE SERVICES, DIGITAL DOCTOR CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, DIGITAL DOCTOR CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL DOCTOR, ITS AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, DIGITAL DOCTOR CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- DIGITAL DOCTOR DISCLAIMS ANY WARRANTIES: YOU UNDERSTAND AND AGREE THAT THE SERVICE ARE PROVIDED AS-IS, WITH ALL FAULTS AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, DIGITAL DOCTOR CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF;
- THAT THE SERVICE, DIGITAL DOCTOR CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR
- IN CONNECTION WITH OR RESULTING FROM :
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, DIGITAL DOCTOR CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL DOCTOR, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation of Liability.
- IN NO EVENT SHALL DIGITAL DOCTOR, ITS AFFILIATE, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF,
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS),
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR,
- ANY ERRORS OR OMISSIONS OR INADVERTENT DAMAGE, CORRUPTION OR LOST IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE DIGITAL DOCTOR IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER'S CLAIM.
- You agree to defend, indemnify, and hold Digital Doctor, its affiliate, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney; fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, Digital Doctor Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.
- Digital Doctor is not liable for technical malfunctions for which the cause is not within Digital Doctor's sphere of responsibility or for damages caused by force majeure. Digital Doctor does not guarantee uninterrupted availability of data and may perform technical maintenance during a freely chosen time period.
- It is clarified that it is User's responsibility to provide correct details as required by the Skin Beauty Pal App especially information regarding the personal health including any allergic symptoms etc., If User makes fails to comply with the above responsibility, he shall be liable for all the losses, damages, claims. User hereby agrees to waive all claims for any damages or losses against the Skin Beauty Pal and its representatives which may arise from such activities. It is further clarified that Skin Beauty Pal is only a platform to connect users with the skin specialists/doctors and Digital Doctor would not, in any manner, have responsibility in relation to any advise/prescription provided by such doctors/skin specialists.
- In case user is not clear about any particular required information for non-medical or non-health related issue/queries, user can contact Doctor Digital via email at firstname.lastname@example.org and seek clarification.
- In case user is not clear about any particular required information for medical or health (including skin care products or related issue/queries or issues related remote consultation), user should immediately stop using that treatment/prescription/suggestion/advice/product and should immediate address all such questions/queries to the doctor, product seller or influencer or concerned third party. SkinBeauyPal shall not be liable to resolve any such questions/queries and it shall not be liable for all or any claims of any kind, including but not limited to, liability arising out of negligence or fault of doctor or user or product seller or influencer or concerned third party for any disability, personal injury, property damage, property theft, or actions or injury of any kind.
15. Special Admonitions for International Use.
The Service is owned, controlled and offered by Digital Doctor in India. We make no warrant or representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own will and are responsible for compliance with local law. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Modification to the Terms of Service and Skin Beauty Pal.
17. Claim Must Be Filed Within One Year.
Any claim related to this Agreement or these Terms of Service shall be brought to us within one year from the date on which cause of action arose for first time for filing a claim.. You agree and understand that you waive your right of the claim permanently, if it is not brought to us within the said period. This applies to you and your successors and assigns permitted.
- These Terms of Service shall be governed by and interpreted in accordance with the laws of India. Any legal action or proceeding arising under or in connection with these Terms of Service must be brought exclusively in courts located in New Delhi, India and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
- In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Unless otherwise specified in these Terms of Service, the failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Digital Doctor, by an authorized officer).
- You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Digital Doctor and any prohibited assignment will be null and void. Digital Doctor may assign these Terms of Service or any rights hereunder without your consent.
- You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Digital Doctor's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Digital Doctor.