Welcome to “this” (“the” or “our”) website – www.theskincareportal.com , which is the official website of DR. POOJA’S THE SKIN CARE PORTAL – A GATEWAY TO HEALTHY HAIR, SKIN AND NAILS! It is owned and operated under the guidance ofDr. Pooja Gupta (“Dr.” or “Doctor”) (DMC/R/03484).
INFORMATION COLLECTION AND USE OF DATA
We collect and use different types of information for various purposes and the same are detailed below:
At the time of registration through this website, thefollowing Personal Information (PI) is collected to identify the user:
i) Name (First and/or Last)
ii) Mobile number
iv) Date of Birth
We do not register users who have not attained 18 years of age.
With the access and use of this website, we may also collect information on how the website is accessed and used (“Usage Data”). This data may include information such as your computer’s Internet Protocol (IP) address, browser type, browser version, pages of this website which you visit, time and date of visit, time spent on each page, unique device identifiers and other diagnostic data.
COOKIES AND TRACKING DATA
This website employs cookies and similar tracking technologies to track the activity on this website and hold certain information. These cookies and tracking data helps us store certain information and track the users in order to improve and smoothly operate this website.
The user may not refuse to accept the cookies sent through his browser. However, kindly note that if the user does not accept cookies, the website may not work smoothly and operate in its full capacity.
USE OF DATA
The collected data may be used for the following purposes, including but not limited to:
• Maintenance and operation of this website
• Notify about changes implemented in this website
• Provide customer care and support
• Provide analysis or valuable information for improving this website
• Monitor usage of this website
• Detect, prevent and address technical issues
TRANSFER OF DATA
DISCLOSURE OF DATA
We may disclose some of your Personal Data, in those situations, which may be mandated by legal obligation, in a matter against us or filed by us in order to defend our rights; or in any cause or matter where such information is required by the Courts of law.
SECURITY OF DATA
We understand that the security of data is pertinent and that we will take all necessary and reasonable steps to maintain the confidentiality and security of such data. However, please be informed that no method of transmission over the Internet, or method of electronic storage can be considered as absolutely secure or safe. While we strive to use acceptable means in the industry to protect all Personal Data, we cannot guarantee its absolute security. We should not be held liable for any leak, beyond our control, when we have taken all possible steps to ensure the safety of all Personal Data.
Terms and Conditions
Welcome to “this”(“the” or “our”) website –www.theskincareportal.com, which is the official website of DR. POOJA’S THE SKIN CARE PORTAL – A GATEWAY TO HEALTHY HAIR, SKIN AND NAILS!It is owned and operated under the guidance ofDr. Pooja Gupta (“Dr.” or “Doctor”)(DMC/R/03484).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START ACCESSING OR USING THIS WEBSITE OR INFORMATION PROVIDED THROUGH THISWEBSITE AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
BY USING THIS WEBSITE AND CONTINUING TO BROWSE OR ACCESS ANY INFORMATION AVAILABLE ON THIS WEBSITE OR REGISTERING AND CREATING AN ACCOUNT ON THIS WEBSITE, YOU ARE HEREBY AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DISAGREE WITH WHOLE OR ANY PART OF THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THIS WEBSITE OR REGISTERING WITH US AND DISCONTIUE USING OR BROWSING THIS WEBSITE WITH IMMEDIATE EFFECT.
These “Terms and Conditions” define how “you” (“user” of thiswebsite) or “patient” (or “registrant”)use the information and services offered by the Doctor (“us”) and your usage and rights.
You are hereby granted a non-exclusive, non-transferable, revocable licence to use thiswebsite for your personal and non-commercial use in accordance with these Terms and Conditions. All other rights are reserved.
• This website is operated with the mission to provide high quality, updated, genuine and reliable medical and cosmetic dermatology advice and treatment to all those who need it, at an affordable cost.
• The information, or any content thereof, provided on this website is general in nature and does not constitute any medical advice or information or service. It should not be considered as a replacement for professional medical advice,or one-to-one consultation with the Doctor, for specific conditions or ailments.
• In case of specific conditions or ailments or customised solutions, seek appointment with the Doctor for one-to-one consultation or telephonic consultation, if the conditions or ailments can be clearly explained to the Doctor over the telephone, without a visit.
• Telephonic consultation and advice provided by the Doctor during a telephonic consultation, without a visit or one-to-one consultation, would be dependent solely on the explanation of existing conditions or ailments by the patient. If there is an ambiguity in the explanation provided or is incorrect, then the Doctor cannot be held liable for the same. Further, it is pertinent to note that after the telephonic consultation,no physical or electronic prescriptionwill be provided.
• Few sections or pages of information, or any content thereof, provided on this website may be free to access. However, specific information or customised solutions or services (online as well as offline) may be charged and will only be available after payment of the requisite amount.
• The Doctor shall not share any information, including your Personal Information (PI) and/or Specific Personal Information (SPI), to any third parties without your previous consent and that such sharing of information will only be done for the purposes of services desired by patient.
• No responsibility or liability arises on the Doctor, if any person, who has attained 18 years of age or not, uses the information, or any content thereof, provided on this website, to self-medicate and without express consultation with the Doctor.
• You must have attained 18 years of age to register through this website. The user cannot create an account if he has not yet attained majority. Further,in case, consultation is sought for minors or children, it is strongly advised to take an appointment with the Doctor and meet for one-to-one consultation rather than telephonic consultation.
• Registration is done through this website by creating an account and providing the following details:
i) Name (First and/or Last)
ii) Mobile number
iii) E-mail id
iv) Date of Birth
• The patient can create the account and register only for himself or herself and not on behalf of any third person. Doctor will not be held liable for the registrations done for any third person.
• It is the duty of patient to provide correct and complete details for registration. Any changes to the information provided should be updated in the account and that such communication should be provided as and when the change occurs.
• The contact details (mobile number and e-mail id) may be used for the purposes for not only contacting the patient, but also for providing information related to new articles, blogs or newsletters uploaded on this website, or for marketing and advertising purposes. In case, the patient does not wish to receive any mails or messages, write a mail from the registered mail id indicating the same to – email@example.com
PASSWORD AND SECURITY
• For creating an account to register with this website, a password will be required to complete the process. Kindly note that the password should be generated by you for your personal use only.
• No copies of the password are stored by the website.
• The patient alone is responsible for maintaining confidentiality of registration information and password. It is recommended that the password should not be shared with any other person for security reasons.
• In case, you suspect unauthorized usage of the account or password, kindly notify us on an urgent basis by writing a mail indicating the same to – firstname.lastname@example.org
• The Doctor shall not be liable for any losses incurred due to any unauthorized use of your account.
• The registered accounts may be temporarily suspended in case of any activity that causes breach of security of this website. The new passwords may be generated once the issue is resolved.
ACCESS / USE OF THIS WEBSITE
• This website is provided for personal use alone, subject to these Terms and Conditions, and not for any commercial use. In case, any businesses or Companies wish to use the information, or any content thereof, provided on this website, then prior permission should be sought.
• Further, you acknowledge and confirm that you may be charged by the Mobile Service Provider for data services for accessing or using this website or for registering on this website or any such third party charges as may arise and you accept responsibility for such charges.
• Doctor will not be held liable if the website or any services thereof, are not available at a particular time or for any period, due to technical or non-technical issues.
INTELLECTUAL PROPERTY RIGHTS (IPRs)
• ‘IPRs’ include, but are not limited to, the rights comprised in any patent, copyright, trademark, logo, sign, compilation of data, industrial design, trade secrets, know-how, confidential data or any other form of rights generally understood as Intellectual Property Rights, whether at common law or by statute or convention, rights to apply for registration under a statute in respect of those or like rights.
• The IPRs in all content available on this website, in the form of text or images or a combination thereof, remains the sole property of Doctor. All rights are reserved.
• The user is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content, that appears on this website or mobile application, or if provided to you after registering on this website.
• Usage of any such content in connection with any business or commercial enterprise is strictly prohibited.
• You are prohibited to use thiswebsite for any of the following purposes (“Prohibited Activities”):
i) violating or attempting to violate the integrity or security of the Website or any information thereof;
ii) disseminating any illegitimate, harassing, libelous, unmannerly, intimidating, detrimental, vulgar, indecent, obscene or offensive or otherwise offensive material or otherwise breaching any laws through this website;
iii) assuming the identity of another person;
iv) disseminating PersonalInformation (PI) or Specific PersonalInformation (SPI);
v) copying or duplicating in any manner any information available on this website;
vi) infringing our Intellectual Property Rights (IPRs) in any manner whatsoever;
vii) attemptingsale or promotion of any products or services through this website:
viii) any other activity that may be detrimental to the working or smooth functioning of this website.
• In case of any prohibited activities or suspicion of the same on this website, your registration will be suspended or terminated, with immediate effect. The cost of losses incurred due to such prohibited or fraudulent activity along with any other ancillary expenses will be borne by you.
• We reserve the right to initiate legal proceedings against you for fraudulent use of this website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
AVAILABILITY OF THIS WEBSITE
• The information, or any content thereof, posted on this website is available on ‘AS IS’ and ‘AS AVAILABLE’ basis, without any promises or representations, express or implied.
• We do not warrant or make any representation regarding the validity, accuracy, reliability or availability of the information, or any content thereof.
• Access to this website may be suspended temporarily from time to time and without any prior-notice, in case of system failure, maintenance or repair or for installing new services or for any reasons beyond our control or if we deem it necessary. We shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the mobile application.
• We do not accept any responsibility to you for:
i) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access through this website;
arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
iii) viruses that may infect your computer equipment or other property on account of your access to or use of the mobile application or your accessing any features of the application;
iv) any unauthorised use or interception of any message or information before it reaches the mobile application or our servers from the mobile application; or
v) any content provided by third parties.
• We will only be responsible for any losses that you suffer as a result of use of this website to the extent that the same are a foreseeable consequence to both of us and our liability for such losses has not been excluded in these Terms and Conditions.
• We affirm that in any event, our liability will not include any business losses such as lost data, lost profits or business interruption.
• We make no warranties or representations of any kind as to the accuracy, completeness, reliability, operability, or legality of information or opinions contained or expressed through this website.
You agree to indemnify, defend and hold harmless the Doctor, her employees, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service. We shall notify you at the earliest possible occasion, of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
We are not responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, virus attack, armed conflict, labor strike, lockout, or boycott.
CESSATION OF OPERATION
We may at any time, on our sole discretion and without advance notice to user, cease operation of the website and/or any services offered.
EFFECT OF WAIVER
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. The proceedings or prosecution in any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement can only be done before the Hon’ble Courts of Delhi. By using or accessing this website or registering through the same, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
STATUTE OF LIMITATION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or mobile applications or services offered or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER OF CLASS ACTION
By entering into this agreement, the user hereby irrevocably waives any right to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
• The registration of a user may be suspended or cancelled immediately at our sole discretion or in the event of a breach of obligations under these Terms and Conditions.
• The user may deactivate or delete his account at any time through this website. The suspension or cancellation of your registration does not affect your or our statutory rights or liabilities.
• This Agreement will survive indefinitely unless and until we choose, on our sole discretion and without advance to you, to terminate it.
For legal or regulatory reasons, the terms and conditions would be updated periodically to allow smooth operation of this website. The amendments to these Terms and Conditions may be posted directly on this website, with or without individual intimation to each user.