Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The Mobile Application named Centre For Aesthetics hereinafter referred to as App is owned by Centre For Aesthetics  , a Aesthetics center registered, with its principal place of business at 1327P second floor ,Sector 43 Gurgaon 122002 Haryana, India (hereinafter referred to as “We”, “Us”, “Our”,”Centre For Aesthetics“).

Your use of the App, its services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the App including the applicable policies which are incorporated herein by way of reference. If you transact on the App, you shall be subject to the policies that are applicable to the App for such transaction. By mere use of the App, You shall be contracting with Centre For Aesthetics and these terms and conditions including the policies constitute your binding obligations, with Centre For Aesthetics. The terms and conditions contained herein along with our Privacy Policy form an Agreement with you.  

When you use any of the services provided by us through the App, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use or Services, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the App. You are advised to read this Agreement carefully and if you are not agreeable to any terms and conditions, you should not use this service.

The use of this App and any related mobile or software Applications including, but not limited to, delivery of information through the App whether existing now or in the future is governed by this Terms of Use and any policy so mentioned by these Terms. Moving past home page or using any of the services shall be taken to mean that you have read and irrevocably agreed to be bound by all of these terms and any policies mentioned herein.

ACCESSING, BROWSING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THE SET TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Centre For Aesthetics’s Policies (including but not limited to Privacy Policy) as amended from time to time.

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern these terms of use-

1. “App” means a mobile Application, and includes all technologies and intellectual property associated to the same.
2. “Registered Medical Practitioner” or “RMP” means a person who is enrolled in the State Register or the National Register under the Indian Medical Council Act 1956, and is a consultant or full time employee of the Centre For Aesthetics  .

3. “We”, “Us”, “Our”, “Centre For Aesthetics”,  shall refer to Centre For Aesthetics  , its employees, authorised agents and the persons that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
4. “You”, “Yours”, “User”, or “Patient” shall mean any person who has agreed to avail the services provided by the App.

USER(S) ELIGIBILITY

User(s) means who uses and has the right to use the Services provided by the App. Our Services are available only to those users who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services. If Your age is below that of 18 years, your parents or legal guardians can transact on behalf of You if they are registered users. 

Centre For Aesthetics advises its users that while accessing the App, they must follow/abide by the related laws. Centre For Aesthetics is not responsible for the possible consequences caused by your behavior during use of the App. Centre For Aesthetics may, in its sole discretion, refuse the service to anyone at any time.

USER(S) AGREEMENT

This agreement applies to User(s) if user(s) are visitors, registered – free or paid user(s) who access the App for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this App solely for their own personal or internal purposes.

This agreement applies to all the Services offered on the App, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

REGISTRATION ON APP

1. You are required to create an account on the App in order to use the features and services offered by the App, including without limitation to booking for Services and making payments online. The use of any information you share with us to create your account is governed by our Privacy Policy. You are solely responsible for the confidentiality of your account details and your password and any account activity.
2. You may be able to log into the App by linking a social media account such as Google. You confirm that you are the owner of any social media account and that you are entitled to disclose your social media account information to us. Further, you give us permission to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions,
3. You are solely responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting in your name on our App.

TERM AND TERMINATION

This Agreement shall continue to be in full force and effect as long as you access and use the App.

Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the services offered on the App or any portion thereof at any time, without notice where,

1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. Centre For Aesthetics is unable to verify or authenticate any information provided to Centre For Aesthetics by a User;
4. Centre For Aesthetics has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. Centre For Aesthetics believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Centre For Aesthetics or are contrary to the interests of the App.

COMMUNICATIONS

By using this App, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us at any time with the use of the contact information that has been provided by you for the use of the App which is subject to the Privacy Policy. This consent to be contacted is for purposes that include and are not limited to clarification, marketing and promotional calls, e-mails and messages. In case you wish to stop being contacted by Us for the same, you may send us an e-mail to the effect at [email protected]

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out Your contact information to third parties not connected with the App.

SOFTWARE UPDATE

We or our affiliates responsible for making the software available, may design the App in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, you agree that we, or the applicable software affiliate, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

SERVICES OF CENTRE FOR AESTHETICS

Centre For Aesthetics is engaged in rendering comprehensive and quality healthcare services. Through the App, We provide You with the following services (“Services”):

1. Scheduling an appointment

You can book an appointment for a medical consultation with the RMP listed on the App and you can also reschedule or cancel the appointment. Medical consultations on the App shall be available for multi specialties as provided by the respective RMPs.

•  Teleconsultations

You can have an Online Medical Consultation via audio call or video call or chat on the App with the RMP selected by You:

Please ensure that You are equipped with proper video conference equipment and internet connectivity as required for the Service You want to avail. In case of inadequate video conference equipment, technical error, or defective internet connectivity, We reserve the right to reschedule or cancel Your appointment without any notice.

You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the RMP shall solely be based on the verbal communication between the RMP and the Patient, and any test reports and other information provided/uploaded by You on the App.

Your medical records may be viewed by the RMP on the chat facility provided on the App in the course of medical consultations and will remain accessible to You for a specific number of days after a particular consultation concludes, as determined by the RMP.

1.   The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the Hospital or any other nearest healthcare service provided.
2.    In case the RMP is not responding You are advised to immediately get in touch with our emergency helpline number for availing emergency services including ambulance services.

• Receiving e-prescription from the doctor based on the medical consultation: 

 
You shall receive an e-prescription on the App after consultation with the RMP.

• Accessing Your medical records on the App: 

You can access your medical records on the App.

• Diagnostics Services:

You may book an appointment for seeking the diagnostic tests and packages offered by Centre For Aesthetics. You may book diagnostic test(s) and package(s) on the App and visit the concerned diagnostics centres / lab of Centre For Aesthetics.

• Any other services 

That is made available on the App from time to time.  

These Terms of Use apply to those services made available on the App, which are offered to the Users.  

REMOTE MONITORING SERVICES

As a User of the App, you are required to inform your RMP of all current and previous illnesses, health conditions, surgeries, consultations and medications with any other healthcare providers. While our healthcare team may help to update your history, based on mutual agreement, it is your responsibility to update all aspects of the history completely and correctly.

Our Remote Monitoring packages are only for communicating specific health parameters and will not substitute actual clinical visits. You are required to visit the Hospital as and when specified and whenever you need healthcare.

If the monitoring feedback provided by the RMP is substantially different from your current treatment and prescribed medication, it is your duty to confirm the same before implementing the advice.

Further, user shall also note the following-

1. For efficient monitoring and proper healthcare services, the User is required to enter all vital health data through the system as per the schedule and level of detail advised by the RMP. The health information, vital sign readings, dates, timings and notes logged in by you or on your behalf should be accurate.
2. For self-monitored readings, it is the user’s responsibility to use devices of proper quality and to ensure that they are re-calibrated when required.
3. The RMP will monitor your vitals at the intervals specified in your package.
4. Not following the instructions of the RMP and his/her team will be considered as non-compliance of the agreement and the agreement will be terminated.
5. The RMP and his/her team will provide instructions based on the vitals entered by you. You are advised to enter the vitals accurately.
6. Centre For Aesthetics will not assume any legal responsibility for the user’s medical condition and this online consultation only intends to aid in understanding the condition better based on the information given and is not meant to replace an in-person consultation.
7. The online system is expected to enhance, not replace clinic visits. It is your responsibility to schedule follow-up appointments as indicated by your RMP.
8. The RMP does not attend to Emergencies through this application. Under these circumstances, the user has to contact the Hospital or the nearest healthcare service provider immediately.
9. Centre For Aesthetics may provide one or more Remote Monitoring plans. When signing up for or after being assigned to any such Remote Monitoring package, it is the duty of the user to understand the instructions and terms of that package and to fulfil them.
10. The user data will be kept confidential by Centre For Aesthetics and will not be disclosed to anyone under normal circumstances except as requested by law or in an emergency situation when requested by another healthcare provider.

CONSULTATION BY AUDIO-VIDEO MODE 

Appointment Timing: While the User may specify the preferred appointment timing for a Video Consultation, Centre For Aesthetics reserves the right to schedule the appointment for an alternative timing. If this timing is not convenient, the user can request that it be rescheduled. Due to unpredictable medical emergencies, it may be that the concerned RMP is sometimes unable to attend to the video consultation exactly at the appointed time. In such cases the session might be rescheduled to a later time in consultation with the User.

Duration: By default, the average duration of a Video Consultation will be the duration decided by the concerned RMP. Centre For Aesthetics reserves the right to decide when the consultation ends. This could be earlier than the maximum possible duration. If the concerned RMP has to conclude the video consultation mid-way due to a medical emergency, then a new session at an alternative timing will be scheduled.

Session Quality: The quality of the video session depends on the quality of the Internet connection, web cam and audio facilities of both the User and the RMP. It is the responsibility of the User to ensure that the performance and quality of the equipment and connection used, are optimal for doing video calls online. Video Consultations that fail on account of poor equipment and connectivity of the User will not be rescheduled for free. Nor will there be any refund of payment.

Video Session Privacy, Security & Etiquette: It is required that the User prepares ahead of time to participate in the Video Consultation, in a quiet and private place, where only the User is present in the room where the video session is being held. For elderly or disabled patients who require help to participate in the video, a caregiver may be present. There must be no audio/video recording of the video session by the User. It is necessary that the User (and any caregiver) act with proper decorum in speech and action during the video consultation. Failure to comply with these requirements can result in termination of the video session with no refund or rescheduling of the consultation.

Nature of Consultation: Video Consultations must not be scheduled for Users with critical medical conditions and/or for emergencies. Such consultations are suitable only for basic follow-ups between the User and the doctor and/or preliminary consultation before meeting the doctor in person.

CONSULTATION BY TEXT 

Every attempt will be made to provide responses to your questions within the stipulated response time. However, do not under any circumstances, delay seeking direct medical attention from the  Centre For Aesthetics directly or the nearest hospital.

Do not change any medication, treatment regimen or other healthcare measures without confirmation from your own doctor. Any advice or information in responses to your questions/text consultations to doctors of Centre For Aesthetics, do not qualify as a medical prescription, diagnosis or treatment plan.

In the case of any emergency, always contact the doctor and go to the Centre For Aesthetics or nearest hospital.

Response time for a question is indicative of only the initial response to the question and does not include the time for responding to follow-up notes. Each follow-up should be expected to require the same response time as the initial question.

BOOKING AN APPOINTMENT

1. App enables Users to connect with the RMP through two methods: a) Book facility that allows Users book an appointment through the App; b) Value added telephonic services which connect Users directly to the RMP.

2. Centre For Aesthetics will ensure Users are provided confirmed appointment on the Book facility. 
3. If a User has utilized the telephonic services, Centre For Aesthetics reserves the right to share the information provided by the User with the RMP and store such information and/or conversation of the User with the RMP, in accordance with our Privacy Policy.
4. The confirmation of each appointment will be informed to the user through E-mail/SMS. If no objection is raised by the User with reference to the appointment/booking then it shall be construed that the Patient has accorded his/her consent for the appointment/booking and it shall be binding on him/her.

NO SHOW

1. No-Show for the purposes of these Terms of Use, is defined as, any instance where a User, who booked an appointment on the App using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the RMP in advance about the same. When RMP marks a particular appointment as No Show, an email and SMS (“NS Communication”) will be sent to the User to confirm on the incident with reasons. Further, no refund will be made to the User for such No-Show. Where the User is not able to establish that the User had a legitimate reason, for not showing up, Centre For Aesthetics shall be entitled to take appropriate actions. Users understand that, actions are act as a deterrent to stop Users from misusing the App, and the loss of business hours incurred by the RMP or the Hospital.
2. Centre For Aesthetics reserves the right to make the final decision in case of a No Show conflict. The total aggregate liability of Centre For Aesthetics with respect to any claims made herein shall be as decided by Centre For Aesthetics. 

CANCELLATION AND REFUND POLICY

1. In the event that, the RMP with whom User has booked a paid appointment via the App, has not been able to meet the User, User will need to approach the Reception Desk of the Centre For Aesthetics  
2. shall on its best effort basis arrange a consultation with another RMP, of the same specialty, available at the Centre For Aesthetics  . In case, there is no other RMP available or the User does not consent to consult to any other RMP, the entire consultation amount as mentioned on the App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a RMP, without cancelling the appointment beforehand, the amount will not be refunded.
3. Users will not be entitled for any refunds in cases where, the RMP is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said RMP.
4. The User shall not be eligible for any refund in case when a video consultation cannot be completed due to network issues. In such a scenario, the appointment will be completed through a phone consultation. Centre For Aesthetics reserves the right to store the information provided by the User and/or conversation of the User with the RMP, in accordance with our Privacy Policy.

USAGE CHARGES

The usage charges of the App is applicable only for the services purchased. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered. In a case that such happens, users will be intimated of the same when they try to access the App and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the App.

MODE OF PAYMENT

You shall be directed to our third party payment aggregator/gateway partners such as (“Payment Aggregator(s)”) once you proceed to make payment. We will share your details with the Payment Aggregator as per the terms of our Privacy Policy and the same shall be processed in accordance with the respective Payment Aggregator’s privacy policy as may be made available to you by such Payment Aggregator. 

We shall not be liable in any manner whatsoever, if incorrect or inaccurate details (including those concerning credit or debit card(s)) are provided by you for making the payment or if you use a credit or debit card which is not lawfully owned by you or if you permit a third party to use your password or any other means of accessing your bank account or credit card or debit card. Please note that we will not be monitoring your use of any payment channel and you are required to use the payment modes at your sole option and risks. 

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the App. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the App, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the App or affiliated Apps where specifically referred to such affiliated Apps.

We shall not be liable for the rejection of any authorization request placed by you for payment, by any bank, payment gateway, Payment Aggregator, or other relevant third party, for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful transactions, use of blacklisted/banned cards or pursuant to applicable laws, rules or regulations or any instructions from (or contained in) any guidelines or instructions by the Reserve Bank of India or any internal policies, etc., of such bank, payment gateway or other relevant third party.

Once upfront payment has been made, the User will receive the SMS with booking details along with Booking ID and One Time code. This SMS must be presented to the selected RMP at the time of availing service. Once the payment has been made to purchase a voucher and the voucher has been issued, the User may cancel the transaction at any time, but not less than 4 hours before the date & time of booking. If you do want to cancel, you must do so by logging into your account on App and cancel the booking, providing the reason. We reserve the right to deduct payment gateway charges incurred on such transaction.

SECURITY

Transactions on the App are secure and protected. Any information you enter when transacting with the App is encrypted to protect you against unintentional disclosure to third parties. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

USER OBLIGATIONS

You warrant, undertake and guarantee to us that:

1. You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App is not permitted.
2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the App. The use of deep-link, 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 App or content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App is prohibited. You acknowledge and agree that by accessing or using the App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the App. Further, You may report such offensive content to us.
3. In places where this App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
4. You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim.
5. You will not:
   1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
   2. Engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App)
   3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
   4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
   5. Post any file that infringes the copyright, patent or trademark of other legal entities.
   6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another’s computer
   7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
   8. Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information of any other user, of or visitor to the App, including any App Account not owned by You, to its source, or exploit the App or Service or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App
   9. Disrupt or interfere with the security of, or otherwise cause harm to the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked apps
   10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
   11. Use the App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or other third parties
   12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
   13. Violate any applicable laws or regulations for the time being in force within or outside India
   14. Violate the Terms of Use including but not limited to any applicable Additional Terms of the App contained herein or elsewhere
   15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
   16. 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.
   17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India
   18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
   19. Create liability for Us or cause us to lose (in whole or in part) the services of our internet Practitioners (“ISPs”) or other suppliers
   20. You shall not engage in advertising to, or solicitation of, other Users of the App to buy or sell any products or services, including, but not limited to, services related to that being displayed on the App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the App. It shall be a violation of these Terms of Use to use any information obtained from the Website/App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use or for any other reason or no reason if we consider it to be objectionable, in violation of the Terms of Use or otherwise harmful to the App or Users. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review which is derogatory, defamatory or hateful and without any substantial evidence (e.g., photograph or video) may be taken down at our sole discretion.

Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the App. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

USER CONSENT

The User consents that:

1. The User agrees to all the terms and conditions contained in these Terms of Use including but not limited to the conditions pursuant to providing teleconsultation, which is required to be read, understood and accepted by the User in pursuance of the Telemedicine Practice Guidelines issued by the Board of Governors of the Medical Council of India, as may be amended from time to time.
2. All the information which is provided to the Centre For Aesthetics  and/or the RMP will be complete and valid information and nothing will be mis-stated, withheld or false.
3. A consultation though audio-video mode, may necessitate the transmission of video or digital photographs of the User, or electronic transfer of User’s medical records, by the Hospital and/or the RMP deem fit (at their sole discretion) and which the User hereby absolutely agrees to.
4. If a physical examination, is critical for a consultation, the RMP will not proceed with the virtual consultation until the User is physically examined through an in-person consultation.
5. That during the course of a consultation through audio-video mode, a RMP may seek the assistance of resident doctors/other physicians/trained Therapists of the Centre For Aesthetics  and the User hereby agreed to the same.
6. The User’s information shall be shared with other persons working at the Centre For Aesthetics  in relation to scheduling appointments, billing purposes and such other purposes as may be deemed necessary by the Hospital.
7. That consultation through audio-video mode as provided by a RMP will be a “as is” and “as available” basis without any warranty of any kind, expressed or implied, apart from what is contained in the TM Guidelines, the Indian Medical Council Act, 1956 and the Indian Medical Council (Professional Conduct, Etiquettes and Ethics) Regulations 2002, if any.

DATA PROTECTION

1. We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available at www.centreforaesthetics.com.

• The User, pursuant to the provisions of the Digital Personal Data Protection Act, 2023, provide his/her consent for use or processing of his/her personal information provided to us for the purpose of rendering the Services and such other purposes as detailed in our Privacy Policy.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the App:

1. If the User is in breach of any of the terms and conditions of these Terms of Use
2. If the User has provided wrong, inaccurate, incomplete or incorrect information
3. If your actions may cause any harm, damage or loss to the other users or to us.

INDEMNITY AND LIMITATIONS

You agree to defend, indemnify and hold harmless Centre For Aesthetics, its employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity or loss of service by other subscribers. This clause shall survive the expiry or termination of this Agreement.

In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the App, services or materials.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CENTRE FOR AESTHETICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Centre For Aesthetics’s liability for itself and for any of its or associate’s, direct or indirect or consequential acts/ omissions/ commissions be restricted to the Maximum extent of INR – and nothing further.

INTELLECTUAL PROPERTY RIGHTS

1. Unless we have otherwise agreed, nothing herein gives the user a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are a property of Centre For Aesthetics. Furthermore, with respect to the App owned by Centre For Aesthetics, Centre For Aesthetics shall be the exclusive owner of all the designs, graphics and the like, related to the App.
2. You may not use any of our intellectual property in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us in any way.
3. You further acknowledge that the App or Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
4. We do not warrant or represent that your use of any content or materials displayed on the App will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the App or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.

DISLAIMER OF WARRANTIES AND LIABILITIES

1. Except as otherwise expressly stated with respect to our services, all contents of the App are offered on an “as is” basis without any warranty whatsoever either express or implied.
2. All the content on this App is for informational purposes only.
3. The Centre For Aesthetics  shall at all times be responsible for complying with all applicable laws, regulations and ordinances in connection with the Services including but not limited to the Telemedicine Practice Guidelines notified under the Indian Medical Council Act, 1956. 
4. You agree and undertake that you are accessing the App and transacting at your sole risk and that You are using your best and prudent judgment before accessing or using any information on the App.
5. The App and the Centre For Aesthetics clinic accept no liability for any errors or omissions, whether on behalf of itself or third parties.
6. We do not guarantee the functions contained in the App will be uninterrupted or error-free, that this App or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
7. Any pictures of the products or any trademarks, copyright, design or other intellectual property that may be displayed on the App is purely for the purpose of providing information to our users. We do not claim to manufacture, sell or make available any of the products displayed.
8. Unless stated otherwise, all content, including any pictures displayed on the App are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please email a request to remove any content by sending an email to [email protected], if you feel that your copyright or other intellectual property right has been infringed upon.
9. Users are allowed to provide feedback about their experiences with the RMP, however, the User shall ensure that, the same is provided in accordance with applicable law. 

CONTENT AND SUBMISSIONS

We welcome your suggestions and comments regarding your experience using our App. Any comments, ideas, suggestions, initiation, or any other content you contribute to Centre For Aesthetics or this App (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Centre For Aesthetics to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.

THIRD PARTY CONTENT AND LINKS

1. Some of the content displayed on the App may include content and/or links to materials that belong to third parties, such as third party services providers. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the respective third party. We may obtain business addresses, phone numbers, and other contact information from third parties who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services and accept no responsibility for them or any loss or damage that may arise from your use of them. We do not screen or investigate third party material before or after including it on our App. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Centre For Aesthetics is not responsible for the availability of any such external apps or resources, and does not endorse any advertising, products or other materials on or available from such web apps or resources.
2. Third party content, including that posted by our users, does not reflect our views or that of our branches, employees, officers, directors, or shareholders. In addition, none of the content available through the App is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any third-party content. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external apps or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web apps or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

DISPUTE RESOLUTION AND JURISDICTION

The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.

1. Mutual discussion. In case of a dispute, the matter will first be attempted to be resolved by a mutual discussion between the Parties. If the dispute is not resolved within 30 days of initiation of discussion, then the dispute will be resolved by Arbitration. 
2. Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by Centre For Aesthetics. The arbitration shall take place at Gurgaon, Haryana, India and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.

In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Gurgaon, Haryana, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Gurgaon, Haryana, India, and you hereby submit to the personal jurisdiction of such courts.

MISCELLANEOUS PROVISIONS

1. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
4. Independent Relationship: The user acknowledges and agree that Centre For Aesthetics and the User are, and at all times during this Agreement shall remain, independent contractors in relation to the other party, and neither party nor its employees or other representatives are authorized to make any representations or any commitment on the other party’s behalf unless previously authorized by such party in writing. Neither party shall have the authority to bind the other party.

CONTACT US

If you have any queries or grievances regarding the Services provided on the App, please contact the relevant grievance officers as given below:

S. No.	Grievance Officer	Email Id	Contact No.
1	Dr Ritesh Anand	[email protected]	9266750023

If you have any questions concerning the App and the Terms and Conditions, you may contact Dr Ritesh Anand (Name), our Grievance Officer cum Nodal Officer at or contact us at 9266750023

DISCLAIMER

The information contained in this App is for general information purposes only. The information is provided by Centre For Aesthetics and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the App or the information, products, services, or related graphics contained on the App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this App.

Through this App, you are able to link to other apps, which are not under the control of Centre For Aesthetics. We have no control over the nature, content and availability of those apps. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the App up and running smoothly. However, Centre For Aesthetics takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.