Divine Skinsthetic Clinic, an enterprise duly registered under the Micro, Small & Medium Entreprises Act, 2006  (“Divine Skinsthetic”, “we” or “us”) provides the website located at www.divineskinsthetic.com (“website”), all the content/information under this domain, it’s services to you subject to the following Terms of Service . By using Divine Skinsthetic you agree to be bound be the latest amended versions of this Agreement and its Privacy and Security Policy (see “Modifications” below).

 

1. Introduction and User Guidelines

Divine Skinsthetic displays textual, visual and auditory content posted by Divine Skinsthetic to the users of the website. 

All content displayed by Divine Skinsthetic on the website is created, owned and operated by itself.

By using the information, feature(s), functionality, service(s) or any other  data located on divineskinsthetic.com, through any service provide by Divine Skinsthetic, or through any agent of Divine Skinsthetic or any other website(s) which is working in association with Divine Skinsthetic or any Registered User of Divineskinsthetic.com (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Divineskinsthetic.com website) or you are a “Registered User” (meaning you have registered with Divine Skinstheticeither as a Client or a Buyer or a Bulk Buyer). 

The term “you” or “User” refers to a Visitor or a Registered User. If you wish to become a Registered User and utilise the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

2. Registered Users

A Visitor becomes a Registered Users when he registers his personal details with Divine Skinstheticon Divineskinsthetic.com. 

Registered Users are categorized in three categories – Clients, Buyers and Bulk Buyers, namely. A Client is a Registered User who posts leads on Divineskinsthetic.com and pays the  processing fee to Divine Skinstheticfor posting the same submission on Divineskinsthetic.com. A Buyer is a Registered User who is a professional service provider and purchases a Lead from Divineskinsthetic.com for a cost price decided by Divine Skinsthetic. A Bulk Buyer is a Registered User which purchases Leads from Divineskinsthetic.com for a cost price decided by Divine Skinsthetic. A Buyer or a Bulk Buyer may be an individual service provider or an agent/representative of a body corporate which is a service provider.

A Visitor who registers himself at thwe website by entering and submitting the required details becomes a Registered User with Divine Skinsthetic.

Only Registered Users are provided with the service of posting, browsing or purchasing Leads either in bulk or individually.

All the Registered Users agree to abide by all the Terms of Service  laid down in this Agreement.

3. Payments, Refunds and Re-imbursements

If you designate another entity to be your representative, then that representative shall be (“Payee”).  In all other cases you are the (“Payee”).

You agree that all the payments made to Divine Skinstheticare made through Third-Party Channels or Third-Party Portals and that Divine Skinstheticshall not be held liable for any loss suffered to the Payee during any transaction where payment is being made to Divine Skinstheticvia Third-Party.

You agree that we never force or pressurise, or has forced or pressurized you or any user for any purpose at all neither directly nor indirectly. 

You understand and agree that the processing fee charged by third-parties shall not be refunded under any circumstances. We may refund to some users on case to case basis. However, we do not guarantee any refund or re-imbursement. 

4. Dispute Resolution

We shall attempt with due diligence to arrange for harmonious grounds of agreements between Users and itself. 

You understand and agree to not make us a party or a proforma party to any legal proceeding arising out of any dispute between you and any third-party.

5. Liability and Indemnification

We are not liable for any kind of loss or damage caused to you during any of your interactions, transactions, dealings or disputes with any other Registered User or thir-party.

You agree to indemnify and hold Divine Skinsthetic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the services provided by us, your connection to the services provided by us, including but not limited to, violation of the Terms of Service laid down in this agreement by you, or violation of any rights of another Registered User by you.

6. Disclosure

You agree that we do not give any medical advisory, treat medical issues, or any other provide any other service that we are not licensed to provide under applicable laws. 

You agree that we have the sole right to remove, delete or temporarily take down any or all of the information available on the website or any other social media accounts, channels or profiles etc, including but not limited to any form advertising either on the web/internet.

We are not liable to disclose the details of any other Registered User to you or any private individual or any private body corporate. We take no responsibility or liability of any loss suffered to any Registered User due to the disclosure of any kind of data or information related to the said Registered User under any order or direction of either the Central Government or any State Government of India.

7. Representation & Warranties

You acknowledge and agree that, any and all data/information posted, uploaded, shared, provided or input by you on the website are submitted by you at your own free will without any force, misrepresentation, influence, coercion or fraud. You agree that you represent and warrant that you meet all legal standards for operating this website and are not barred by any law or authority to enter into this agreement with us. You represent and warrant that you will use the website and it services or any of our service for legitimate and lawful activities, and have all the requisite authorizations and permissions to provide the data/information mentioned above or to receive our services as mentioned under this Agreement.

8. Intellectual Property Rights

All content included or displayed or uploaded on the website, including but not limited to texts, graphics, logos, button icons, images, audio clips, digital download and data compilations, as well as the compilation of that content into a single coherent website, is the property of Divine Skinsthetic and protected by Indian and international Copyright Laws. Reproduction of the any content owned by us without our prior written permission is prohibited.

Stringent legal action will be taken against any person or body corporate for infringement of our copyrights.

“Divine Skinsthetic”, its mark and logo along with other graphics, service names are trademarks, certification marks, service marks, or other trade dress of Divine Skinsthetic are duly owned by us. Our trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not ours, in any manner without our prior written permission. All other trademarks not owned by Divine Skinsthetic or its subsidiaries that appear on Divineskinsthetic.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Divine Skinsthetic or its subsidiaries.

9. Investigation

We reserve the right to investigate your transactions and dealings with us, your business and/or your project(s), shared details and the materials, data or information shared by you, your smart-phone applications or any web/internet browser on any computer that you may use to access our website at any time during, before or after arising of any dispute. These investigations will be conducted for the benefit of user experience, for your benefit or that of any third party or any other lawful purposes. If the investigation reveals any information, act, or omission, which in Divine Skinsthetic’s sole opinion, constitutes a violation of any municipal law in any state within the territory of India, any law in force within any state within the territory of India, any law in force by the guidelines of Central Government of India, foreign or Indian Penal law or regulation, this Agreement, or is otherwise deemed harm other Registered Users, then we may immediately shut down your access to the website and all its affiliated services. You agree to waive any cause of action or claim you may have against us for any such action, including but not to any kind of damage, losses or grievance. You acknowledge that we may, at our own discretion, reveal the information shared by you to legal authorities or rightful owners of data/information in case of any kind of breach or infringement of laws or rights.

10.    Waiver

The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service  is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service  remain in full force and effect.

11.    Arbitration

In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding. Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the arbitration rules of the Arbitration and Conciliation Act, 1996. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties. The place of arbitration shall be Delhi, India, unless agreed otherwise in writing at any point in time. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. The arbitration proceedings contemplated by this paragraph shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.

12.    No Third-party beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service , there shall be no third-party beneficiaries to this Agreement.

13.    Non-transferability of accounts

You agree that your Registered User account is non-transferable.

14. Headings

The headings and section titles in the Terms of Service  are for convenience only and have no legal or contractual effect.

15.    Modifications

We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the website. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.