COVID-19 UPDATE

Extension of subscriptions at no cost and other measures announced by BeYouPlus in light of the COVID-19 pandemic
Dear Customers, Last Updated on: June 8th, 2020

We, at Dermacy Healthcare Pvt. Ltd. (“we”, “us”, “our”, “BeYouPlus”) care deeply about our customers and service providers alike. As the lockdown restrictions get lifted across India, we must remain cognizant of what contact is essential, versus what is not. Unwise decision-making at anyone’s part can easily exacerbate the situations at hand. We must also remain cognizant of the nature of the pandemic, the manner it spreads, and lastly the fact that persons infected by COVID-19 may remain asymptomatic. This means that we must take steps that are in everyone’s best interest. This Customer Advisory and Update (“Advisory”) lays down the terms of your engagement with us.

Please note the following details, as they will affect the way you may use our services:

a. Suspension and freeze of services.

As you are aware, we are engaged in the business of providing affordable skincare treatments vide managed clinics throughout India. We allow our customers to purchase packages on a quarterly, half-yearly and annual basis (“Term”) for a lumpsum payment. We provide these services through our partner clinics and partner doctors. The skincare treatments we provide are elective procedures, thereby non-essential. Further, the treatments entail the use of high-contact equipment, consequently, social distancing is difficult to observe while providing the services. Our treatments also require the usage of gels, fluids and equipment which cannot be replaced easily or very regularly. This significantly increases the possibility of an individual to contract COVID-19 while availing our services, despite best efforts.

The possibility of the spread is further exacerbated by the fact that of our clinics are close to containment zones. It is apparent that availing our services during the pandemic may jeopardize the well-being of our clients and service providers.

Accordingly, effective from 25th March 2020 until such date that we determine as appropriate, we have suspended the provision of all our treatment/skincare services. We have done so and shall keep them suspended until further notice, in the best interests of our service providers and clients. We shall continue to monitor the situation on a weekly basis and issue updates and advisories periodically. Additionally, we will extend your subscription with us by the number of months that the services subscribed to remain suspended at no extra cost to you. This has been done to ensure that you do not lose out at the benefits owed to you, while your health and well-being stays intact.

b. Extension of subscription.

As we will be extending your subscription period in the manner provided above, we will not be refunding any of the fees already paid to us by you. Any amounts payable to us for services already provided to you or owed to us according to the terms of our engagement will continue to remain payable.

c. Limitation of liabilities.

You agree and acknowledge that we shall not, at any time, be responsible for any exemplary, consequential, third party, indirect losses, costs, damages or claims suffered by you. Further, in no case whatsoever shall our total aggregate liability arising from provision of services to you and/or this Advisory exceed the fees actually paid by you to us in the 3 (three) months preceding the date of the claim.

d. Dispute resolution.

This Advisory and any action or disputes related thereto, including its validity will be subject to the jurisdiction of the courts located in New Delhi. All disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendments thereto. The arbitral tribunal shall consist of a mutually appointed sole arbitrator. The seat and venue of arbitration shall be New Delhi. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

e. Waiver.

Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of this Advisory shall not constitute a waiver of rights or remedies by us.

f. Severability.

If any one or more of the provisions of this Advisory is held invalid or illegal, then the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

g. Grievance Officer.

You may email any questions or concerns you have regarding our services or this Advisory to our grievance officer. The email id of our grievance officer is: [email protected] Please note that if you write to our grievance officer, we will have the right to reach out to you with any update to this Advisory and/or our services.

h. Updates.

We request you to visit this page regularly for more updates to this Advisory as they form the terms of our engagement going forward.