The Agreement, inter alia, provides the terms that govern your access to use (i) DR. PRAJWAL’S AESTHETICS website www.drprajwalsaesthetics.com (“Website”) and any other service that may be provided by DR. PRAJWAL’S AESTHETICS from time to time (collectively referred to as the “Services”). You hereby understand and agree that this Agreement forms a binding contract between DR. PRAJWAL’S AESTHETICS and anyone who accesses, browses, or and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with the use of the Website or any of DR. PRAJWAL’S AESTHETICS Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.
Throughout this document, “we”, “us”, “our”, “ours” or “ DR. PRAJWAL’S AESTHETICS ” refer to DR. PRAJWAL’S AESTHETICS and ‘you’ or ‘your’ refers to you (i.e., the User).
Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to DR. PRAJWAL’S AESTHETICS that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement. Should K DR. PRAJWAL’S AESTHETICS be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, DR. PRAJWAL’S AESTHETICS reserves the right to cancel its services or deactivate such User’s account without further notice.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Images of people, places and/or products posted on this Site are either the property of DR. PRAJWAL’S AESTHETICS or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “DR. PRAJWAL’S AESTHETICS Content” is the property of DR. PRAJWAL’S AESTHETICS or its licensors, or affiliates and is protected by law. The compilation of this Site is the exclusive property of DR. PRAJWAL’S AESTHETICS and is protected by law. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to DR. PRAJWAL’S AESTHETICS, or to the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of DR. PRAJWAL’S AESTHETICS, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
4] LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
5] USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
6] CONTENT YOU SUBMIT TO DR. PRAJWAL’S AESTHETICS
From time to time, DR. PRAJWAL’S AESTHETICS may allow you to post reviews, comments, testimonials, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our services, including our Site. However, any Reviews you submit to DR. PRAJWAL’S AESTHETICS must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review/ testimonials on the Site, you hereby grant DR. PRAJWAL’S AESTHETICS an unrestricted, assignable, sub licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing DR. PRAJWAL’S AESTHETICS and its services. You further grant DR. PRAJWAL’S AESTHETICS a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by DR. PRAJWAL’S AESTHETICS through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to DR. PRAJWAL’S AESTHETICS the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, wiretap laws or other similar restrictions on non-consensual recording, or otherwise), or (C) require DR. PRAJWAL’S AESTHETICS to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content:- You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by DR. PRAJWAL’S AESTHETICS in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
You expressly understand and agree that DR. PRAJWAL’S AESTHETICS shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DR. PRAJWAL’S AESTHETICS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the site; (v) your reliance on content made available by us; or (vi) any other matter relating to the site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, DR. PRAJWAL’S AESTHETICS maximum liability arising out of or in connection with the site or your use of DR. PRAJWAL’S AESTHETICS content, regardless of the cause of action (whether in contract, tort, or otherwise), will not exceed Rs.1,000/- (Rupees One Thousand Only).
You also agree to defend, indemnify, and hold harmless DR. PRAJWAL’S AESTHETICS from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any DR. PRAJWAL’S AESTHETICS Content, or (iii) your breach of these Terms. In such cases, we shall provide notice to you promptly of any such claim, suit, or proceeding.
Unless otherwise expressed, DR. PRAJWAL’S AESTHETICS expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
10] DISPUTE RESOLUTION
These Terms and the relationship between you and DR. PRAJWAL’S AESTHETICS shall be governed by the laws of India. You and DR. PRAJWAL’S AESTHETICS agree that all disputes will be subject to arbitration at Kanhangad, Kerala in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. That you and DR. PRAJWAL’S AESTHETICS hereby expressly and irrevocably attorn to the jurisdiction of the courts of Kanhangad, Kerala with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement. You covenant not to sue DR. PRAJWAL’S AESTHETICS in any other forum.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
12] WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
15] GRIEVANCE OFFICER
In accordance with IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Dr. Prajwal K Rao
Time: Monday – Friday 10:00 AM to 6:00 PM IST