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Term of Use

Welcome to www.glowderma.com (Website). This website is owned by Glowderma Lab Pvt. Ltd. (Glowderma) having its office at 3rd Floor, Iconic Tower, Urmi Estate, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra 400013 and is provided only for personal information, education and communication on an “As is Where is” basis without any warranty. This disclaimer sets out the Terms and Conditions for use or access of this website (“Terms of Use”). Glowderma may modify these Terms of use or discontinue the website at any time without any prior written notice.

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1. ACCEPTANCE OF TERMS OF USE
Please read these Terms of Use carefully. By continuing to access and use of this website confirm that you accept our terms and conditions described herein. You hereby represent and warrant that you have fully read and understood the Terms of Use without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. If you do not agree the terms of use, do not access or use this website.

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2. GENERAL TERMS OF USE

  • 2.1 For the purpose of these Terms of Use, along with any amendments to the same, wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural person who visit and or access the website.

  • 2.2 The term ”glowderma.com”, “Website”, “company”, “we”, “our” and “us” shall mean and refer to the Glowderma.

  • 2.3 “Third Party” shall mean and refer to any application, website, company or individual apart from the User and Glowderm.

  • 2.4 These Terms of Use together with Privacy Policy and any disclaimers which may be present on the Website are jointly referred to as “Agreement” and constitute the terms of Website and its Services. Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.

  • 2.5 As required by law, you must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Website and its Services.

  • 2.6 You will use the Website and the features provided on the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website, or any feature provided on the Website for any purposes not intended under this Agreement.

  • 2.7 You should limit the use of this Website to India only. We are not responsible if you use website from outside India.

  • 2.8 You will not deliberately use the Website in any way that is unlawful or harms Glowderma, its directors, employees, affiliates, distributors, service providers and/or any user and/or data or content on the Website.

  • 2.9 You will not use the Website for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.

  • 2.10 You will not interfere, disrupt or hamper with the proper functioning of the Website.

  • 2.11 The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

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3. PROPRIETARY RIGHTS

  • 3.1 Glowderma respects the intellectual property rights of others, and We expect the same from You. The Website and its Content are protected by applicable intellectual property laws of India.

  • 3.2 Glowderma’s Rights to the Website and its Content:

    • 3.2.1 Glowderma reserves all intellectual property rights in all text, logo, programs, products, images, videos, processes, technology, content and other materials in and to the Website. Any text, product images and processes used in connection with the Website, belongs exclusively to Glowderma or its licensors. Through your use of the Website, by no means are any rights impliedly or expressly granted by Glowderma to you in respect of such works.

    • 3.2.2 Glowderma and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the Website and its content are the trademark and copyright (or any other intellectual property right) of Glowderma and/or its licensors. Any use of the Glowderma’s trademarks, copyright or patent, unless otherwise authorized in a written agreement, will constitute an infringement upon such intellectual property right of Glowderma and may be actionable under the applicable laws.

    • 3.2.3 Except as stated otherwise in this Agreement all Website Content (including all intellectual property rights to such content) is owned exclusively by Glowderma and/or its licensors.

    • 3.2.4 Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise.

    • 3.2.5 Unless expressly authorized by Glowderma, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Website Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

 

4. PERSONAL INFORMATION

  • 4.1 We may collect personal information from you when you use the Website and/or the features provided by the Website.

  • 4.2 Our Privacy Policy available on the Website sets out our policy with respect to the collection, storage, use, share, disclose, transfer and protection of any such personal information.

  • 4.3 When you click on the ‘I accept’ tab at the time of visit to website, subscribing the website or otherwise provide your personal information, you specifically consent to our Privacy Policy.

 

5. DISCLAIMERS

  • 5.1 The Website does not offer any paid services and is provided without any warranties or guarantees and presented “As Is” condition with all faults. The information and content relating to any product or treatment is provided only for information purpose. Information and content on this website do not constitute medical advice. You should consult a medical professional before taking any decision. All Products listed are available only in India and only upon prescription from a qualified doctor or medical practitioner. To the maximum extent permitted by applicable law, we hereby disclaim all representations and warranties relating to the information and content on this Website, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of fitness for a particular purpose, title or non-infringement of third-party rights.

  • 5.2 You must bear the risks associated with the use of the Website. We will not be responsible for any errors or omissions or for the results obtained from the use of any information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Glowderma, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

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6. COMMUNICATIONS

  • 6.1 By subscribing this Website, it is deemed that you have consented to receiving emails from us. Such communications shall be sent to you on the email id provided by you for the use of our Website which are subject to our Privacy Policy.

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7. LIMITATION OF LIABILITY

  • 7.1 You expressly understand that to the maximum extent permitted by applicable law, Glowderma and its subsidiaries, affiliates, officers, employees and licensors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website and/or its services; (ii) use of information or content of the website; (iii) unauthorized access, use or alteration of your transmissions or content. or (iv) any other matter relating to the Website, whether or not the Company has been warned of the possibility of such damages.

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8. LEGAL COMPLIANCES

  • 8.1 Glowderma will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.

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9. APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION

  • 9.1 Applicable Law: The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Mumbai, India.

  • 9.2 Arbitration: Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Mumbai before a single arbitrator appointed mutually by both the parties. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

 

10. INDEMNIFICATION

  • 10.1 You agree to indemnify, defend, and hold harmless Glowderma, its affiliates, officers and directors, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of but not limited to: (a) the use of the Website/Services; (b) any breach by you of any representations, warranties or agreements; (c) any negligent/unintentional or intentional wrongdoing on your part.

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11. SEVERABILITY

  • 11.1 If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

12. NOTICES

  • 12.1 All notices and other communications required or permitted hereunder to be given to Glowderma shall be in writing, in the English language, and shall be sent by e-mail to webadmin@glowderma.com, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to Glowderma at 3rd Floor, Iconic Tower, Urmi Estate, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra 400013.

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13. WAIVER

  • 13.1 No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Glowderma have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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14. CONTACT US

  • 14.1 If you have any questions or concerns about this Privacy Policy, please contact us at webadmin@glowderma.com or 3rd Floor, Iconic Tower, Urmi Estate, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai, Maharashtra 400013.

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15. This Terms of Use is last updated on 23/04/2021. You agree and confirm that the Terms of Use may be amended at any time. Please ensure that you periodically update yourself of the current version of the Terms of Use. Your continued use of this Website constitutes an acceptance of any and all revised Terms.

You have read these Terms of Use and agree to all of the provisions contained above.

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