Terms and conditions

Welcome and thank you for visiting Kosmoderma Healthcare Private Ltd website https://www.kosmoderma.com and exploring the services of one of India’s best skin, hair and body clinics!  

Founded by the internationally renowned, award winning, Celebrity Cosmetologist Dr. Chytra V Anand, Kosmoderma is both US-FDA and European CE approved and accredited.  All Kosmoderma clinics offer top-of the line facilities, world-class procedures,  delivered by the highly qualified and trained cosmetologists and staff – all at affordable prices.

Kosmoderma owned and operated by [•] a [company/ partnership, LLP] registered under the laws of India, Registered office address, 67/2, Lavelle Road, Shanthala Nagar, Ashok Nagar, Bangalore-560 001 and with its corporate office at #25/1, 1st Floor, Shama Rao Compound, P Kalinga Rao Road, Bangalore 560027, India, (which is referred to as either ‘Kosmoderma’, ‘Company’, or ‘we ‘or ‘us’).

These are the general terms and conditions applicable to all our users of our website and our services (referred to as ‘you’ and ‘user’).  Some of you might be asked to visit our site for using our services on behalf of an organization; in such cases, you are agreeing to these terms and conditions for that organization and representing that you have the authority to bind that organization to these terms (in such case, ‘you’, ‘your’ and ‘yours’ will refer to that organization). 

Please read this very carefully. When you accept this document and its contents – we have  a legal agreement between you and Kosmoderma!  (Whenever you see capitalised first letters in this document it means we are referring to something that has a special meaning. For example “Terms and Conditions” refers to Kosmoderma’s Tc &Cs including any changes, modification we may add from time to time

So what exactly do Terms and Conditions mean and why do we have them and most importantly why do you need to read and agree to accept them?

When you walk into our clinic – you have so many questions! Similarly, when you visit our site – you might have questions. We want to give you tell you upfront how we do things at Kosmoderma.  Through these Terms and Conditions – we are explaining what we do and how we expect users to engage with us (which is the purpose of the general terms and conditions) and we are telling you that these Terms and Conditions applies to all Kosmoderma users, equally.  Kosmoderma does not discriminate on the basis of sex, religion, caste, colour, or origin.

1. GENERAL INFORMATION
   • Kosmoderma is one of the oldest and leading dermatology and skin care clinics in Bangalore. The underlying philosophy at Kosmoderma is “Inspiring Confidence”  Kosmoderma uses only USFDA and European CE using technology. All our doctors and skin technicians are extensively trained by our team of expert trainers including Dr. Chytra herself.
   • On our website you will have access to the following.
     •  Information on our entire range of services – from treatments (for skin, hair and body and for Dermatology related conditions,  all of which we refer to as “Treatments”) to our proprietary products for skin and hair (under the brand name Kosmoderma) (all of which we refer to as “Products”)
     • Location and information on services offered at our clinics (including customised treatments especially designed for you by our Consultant Dermatologist, 3D facial analysis, study od your skin type and suggested treatments);  
     • Blogs on relevant information on self-care across a range of dermatology related issues
   • All of the Treatments, Products, etc referred to above in subclause (b) is collectively referred to as Kosmoderma Services for the purposes of this Policy. 
2. ACCEPTANCE OF TERMS
   • Before exploring, visiting or using Kosmoderma Services you must read and agree accept these Terms and Conditions, (more simply: to use our website or avail our Services, you have to accept these terms).
   • By using or subscribing to Kosmoderma Services you represent (confirm) the following:
     • that you are an individual at least 18 years of age capable of entering into legally binding contracts under Indian law, and you have given us your consent to allow any of your minor dependents to use this site or if you are under 18, your parent or guardian knows and consents to your use; and
     • you have read, understood, and agree to be bound by these Terms and Conditions, together with any of our related policies and guidelines (e.g., our Privacy Policy and Disclaimer [provide hyperlink] which are all part of these Terms and Conditions (just broken up under different heads for easy identification & use).
   • Just like life requires us to make changes from time to time, we may also need to make changes to these Terms and Conditions related policies and rules with or without notice.  If don’t agree with the changes or updates, you can immediately stop using our website and our Services (though we will be sorry to see you go). When you continue to use Kosmoderma Services after a change or update has been made, you confirm your acceptabce.
3. UPDATES & MODIFICATIONS TO WEBSITE, SERVICES OR PRICES
   • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
   • Prices for our Services are subject to change without notice.
   • We reserve the right at any time to modify or discontinue any Service (or any part or content of it) without notice at any time.
   • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any or all Services.
   • We do our best to provide an error free website, but despite our best efforts, there may be typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability.
   • That said, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
4. ONLINE STORE TERMS
   • Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
   • We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction, if needed. We reserve the right to limit the quantities of any products or services that we offer.
   • All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.
   • You cannot use our Products for any illegal or unauthorized purpose use any Service, violate any appliable laws (including but not limited to intellectual property laws).
   • We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
   • Since we do not guarantee uninterrupted service, we will not be liable if, for any reason if all or any part of the Kosmoderma Services becomes unavailable to you at any time, as a result of which you are not able transmit and receive data due to failure of network equipment (“Kosmoderma Downtime), including on account of those managed and owned by the Company.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
   • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please see our Privacy Policy for further details [ provide a hyperlink]
   • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as neede
6. NOTIFICATIONS, ALERTS AND SOCIAL MEDIA ANNOUNCEMENTS
   • When you enable the notification and alerts provision you permit us to send you alerts, notifications and updates on your registered phone number and/or registered email address.  Kosmoderma and its users are active social media participants and with your consent we would be happy to post your testimonials, make announcements and/or have you to ‘like’ or ‘follow’ our social media accounts.
   • In these terms and conditions, “your user content” (User Content) means material (including without limitation text, images, audio material, video material and audio-visual material, creative ideas, suggestions, proposals, plans, or other materials) that you submit to our website, or to us by email, by postal mail, or otherwise for whatever purpose, either at our request or without a request from
   • You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
   • We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
   • You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
   • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
   • Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
   • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
   • You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
   • Notwithstanding our rights under these terms and conditions in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
7. DISCLAIMER AND WARRANTIES (ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION)
   • While we endeavour to ensure that the information on this website is correct, we do not warrant and its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. We are not responsible if information made available on this site is not accurate, complete or current.
   • The material on this site is provided for general information only or for your reference and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
   • We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
   • These Services may be modified from time to time
   • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
   • We reserve the right to refuse service to anyone for any reason at any timeTo the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill)
   • Nothing in this disclaimer (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law
   • Subject to this, our liability to you in relation to the use of our website or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follow
   • to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature
     • we will not be liable for any consequential, indirect or special loss or damage;
     • we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information
     • By agreeing to these provisions, you release and discharge the Company from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, in relation to any Service Kosmoderma provides to you
8. INTELLECTUAL PROPERTY RIGHTS
   • The Company or our licensors are the owners of all the rights to this website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.
   • More specifically, the Company owns all designs, marks, names, services, know-how or other information (as well as all improvements, derivations or modifications made to them), and owns all promotional material used by Kosmoderma, including the brand, label, design, layout, images, user-interface, domain-names and text. The Company also owns the copyrights to any algorithm, artwork and designs created or incorporated for Kosmoderma, whether or not it is expressly protected under any copyright, design, trademark or any other equivalent right, grant or law, or by any application in respect of them. All of this is collectively referred to as Intellectual Property (just like moveable or immovable property – this is called intellectual property because it is value created by the intellect)
   • Company’s ownership and title over such Intellectual Property is protected by all applicable laws including such as copyright, trademark, trade-names, internet domain names, data protection, Information Technology laws, privacy rights and other similar rights and statutes. All ownership and intellectual property rights in this website and the material on (Kosmoderma IPR) shall remain with Company, its affiliates or licensors, as the case may be and does not pass on to you upon your usage of Kosmoderma or its Services.
   • As we have put in a lot of hard work to develop a one-of-its kind Intellectual Property you are responsible for treating our Intellectual Property with care. You may view and utilize content from Kosmoderma for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must NOT reproduce, duplicate, copy or otherwise exploit material or content from Kosmoderma for any purpose whatsoever; or edit or otherwise modify any content or pages of Kosmoderma p; or remove any copyright and other notices contained in any content displayed, downloaded, or copied from Kosmoderma; or store electronically any significant portion of any content. 
   • You agree and confirm to only use  Kosmoderma for the purpose of participating, experiencing its Services. You agree and confirm that any use other than as specified above is considered unauthorized use. You also agree to inform us of any unauthorized use of our Intellectual Property by any third-party and agree to cooperate with us for restricting and prohibiting such unauthorized use of our Intellectual Property
9. PROHIBITED ACTIVITIES
   • In addition to activities prohibited in clause 7.4, as a critical and material condition of your use of Kosmoderma, you agree and undertake that you will not at any time, directly or indirectly, do, or permit, allow, ask, authorise anyone else to do all or any of the followingactivities.
     • Probe, scan or test the vulnerability of  Kosmoderma or constituent services 
     • Restrict or inhibit or engage in any activity or use Kosmoderma in any manner that adversely affects other users from using and enjoying Kosmoderma or our constituent services in the way Kosmoderma intends
     • Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability
     • Distribute in any manner or upload any harmful, obscene or otherwise illegal or objectionable material of any kind; post, send, submit, publish, or transmit proprietary material of any third party without their express consent
     • Impersonate or misrepresent your affiliation with any person or entity
     • Attempt or use of malpractice, manipulation or use of any technical tools, or use of API, or any automated bidding process, or by mirroring the Kosmoderma site
     • Furnish altered, deceptive or false identifying information, including “spoofing” or “phishing”
     • Violate any law or undertake any activity on our Kosmoderma that could, upon the occurrence of a third party action or omission, violate any law; advertise any commercial endeavour or otherwise engage in any commercial activity
     • Solicit funds, advertisers or sponsors; post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications
     • Violate or attempt to violate, the security of Kosmoderma
     • Use Kosmoderma to infringe the intellectual property rights of others in any way
     • Use Kosmoderma or make any attempt to penetrate, modify or manipulate Kosmoderma or any of our hardware or software in order to invade privacy, or obtain identity or personal information or documents concerning (including but not limited to IP addresses of) any of our Kosmoderma Account holders, visitors, or users, or modify, erase or damage any information contained on the computer of any user connected to Kosmoderma
     • Reverse-engineer any portion of the Kosmoderma or software used or connected
     • Co-brand Kosmoderma or hyperlink to Kosmoderma without express prior written permission of an authorized representative of our Company. (Co-branding here means to display a name, logo, trademark, or any other means of identification in a way that would give a viewer the impression that you have the right or the authority to display, publish, or distribute our site or our content).  You also agree to cooperate with us to immediately stop any such unauthorized use, co-branding, framing or hyper-linking
   • In case we suspect any of the above, the Company reserves the rights to do any or all of the following.
     • The right to monitor use of Kosmoderma to determine compliance with these Terms and Conditions.
     • The right to issue a warning about the violation, or immediately suspend or terminate your Kosmoderma Account(s)  without assigning any reasons
     • The right to remove or refuse any information for any reason or suspend or terminate access to Kosmoderma for violation (including potential violation) of Kosmoderma polices or applicable law.
     • The right to investigate and to involve and cooperate with law enforcement authorities, and to pursue any investigation pertaining to civil lawsuit(s) or criminal prosecution for any alleged or actual prohibited activities identified above or other illegal activities involving the Kosmoderma or any of its services. 
     • The right to all recourse and remedies available in law to recover all damages and costs to at the sole cost of those in breach of these provisions.
10. LIMITATIONS OF LIABILITY
    • We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
    • We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
    • You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you.
    • You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    • In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), or otherwise, arising from your use of any of the Services or any products procured using the Service, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
11. FORCE MAJEURE
    • You will not hold Kosmoderma or the Company responsible or liable for any delay or non-performance of any obligations under this Agreement that may occur due to any cause(s) beyond our reasonable control including but not limited to, Act of God, Government Act, War, Fire, Flood, Explosion, Civil commotion, Pandemic etc.
12. ASSIGNMENT & EXCLUSION OF THIRD-PARTY RIGHTS
    • Services provided under the Agreement are personal to you. You are expressly prohibited from assigning, transferring or conveying any part or the whole of the Agreement between you and us to any third party or entity, without prior permission and written consent from the Company.  
    • These Terms and Conditions are for the benefit of the parties involved, i.e. you and the Company, and are not intended to benefit any third party or to be enforceable by any third party. The exercise of your rights, or those of the Company in relation to these Terms and Conditions is not subject to the consent of any third party. 
13. INDEMNITY & CONSEQUENCES FOR BREACH
    • You agree to indemnify and hold Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless, and to defend the Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to:  (i) your use of (or inability to use) the Kosmoderma or services therein; (ii) your violation of the Terms and Conditions governing your use of the Kosmoderma or services therein; (iii) the infringement by you, or any other person using your password and Account, of any right of any person or entity; or (iv) any other activities of yours accomplished by using the Kosmoderma or its Services.  
    • Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Kosmoderma and its services, or prohibiting you from accessing Kosmoderma or its services either temporarily or permanently, or by blocking computers using your IP address from accessing Kosmoderma or its services, or by contacting your internet service provider to request that they block your access to Kosmoderma or its services and/or by bringing legal action including court proceedings against you.
    • Notwithstanding any of these Terms and Conditions, Company reserves the right, without notice, in its sole discretion, to terminate Services to you and/or block your use of the Kosmoderma or Services therein.
    • You acknowledge that we are not required to provide you notice before terminating or suspending your access to the Kosmoderma or its Services but may choose to do so at our sole discretion. We reserve the right to deny, in our sole discretion, any user access to Kosmoderma or its services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).
14. TERMINATION
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15. SEVERABILITY
    • If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 
16. ENTIRE AGREEMENT
    • These Terms and Conditions, together with our Auction Rules, Privacy Policy and Disclaimer constitute the entire agreement between you and us in relation to your use of Kosmoderma and its services. 
17. LAW AND JURISDICTION
    • These Terms and Conditions will be governed by and construed in accordance with laws of India, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka.
18. GRIEVANCE AND QUERIES

If you have any further queries please contact [•].

Registered office address

67/2, Lavelle Road, Shanthala Nagar, Ashok Nagar, Bangalore-560 001