This Terms of Us was effective as of: April 1st, 2017
This mobile application (“Application”/ “BeYouPlus”) is an online service portal owned and operated by Dermacy Healthcare Private Limited (“DHPL”), a company registered under the Companies Act, 1956, at New Delhi, India.
BeYouPlus is a curated marketplace for products and aesthetic services including but not limited to treatments and procedures related to dermatology, dentistry, gynecology, ophthalmology with focus on aesthetic solutions. We provide a platform to the users of Application to book appointment with the doctors/ experts/ clinics enlisted on the Application. You agree, understand and acknowledge that BeYouPlus is an online platform that enables you to avail services at the price indicated therein at any time from any location. You further agree and acknowledge that BeYouPlus is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Application.II. Acceptance of Terms
3. Intended for people above eighteen (18) years of age
3.1. The Application is intended for use by individuals eighteen (18) years of age or older. This Application is not directed for use by individuals under the specified age. Users under the said age should get the assistance of a parent or guardian to use this Application.
4.2. BeYouPlus collects information through the Application including, but not limited to anonymous, aggregate information (such as domain name or IP address) from all Users visiting the Application. Such information is used for the purpose of generating statistical reports about the use of the Application and not linked to any information personally identifiable to a User.
4.3. The Application may require the User to submit certain personal information; however, such information submitted by the User, is only for the purpose of identifying the User using/ accessing the Application.
4.4. The general information collected by us, is used to improve the content of our marketing materials and may be shared with our affiliates who assist in providing support for our internal operations or used by us to contact Users for marketing purposes. From time to time, we may share it with other reputable organizations information to help them contact the Users for marketing purposes on our behalf. The additional personal information we require with respect to Services will be shared only with those people who need the information to perform a specific job in connection with the Services. If the User notifies BeYouPlus that he/ she does not wish to have this information used for further contact, BeYouPlus shall remove the User from the distribution list.
4.5. We store information that we collect through log files to create a profile of our users. Log files record Internet protocol (IP) addresses, browser types, Internet Service Provider (ISP), referring/exit pages, Application and page sequences, platform type, date/time stamp, and number of clicks to analyze trends, administer the Application, track a user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. A profile is stored information detailing how individual users use the Application. It is used solely for internal purposes, to help us improve the experience of our Users. We do not share Your profile with any third parties.
4.6. We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our Users or others.
4.8. BeYouPlus takes commercially reasonable precautions to protect Your information and maintain confidentiality. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We also make an effort to protect your information off-line. When registering for access to a secure area of the Application, we will ask You to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered Application and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
4.9. The use of electronic systems by BeYouPlus will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
4.10. If You post information to any area of the Application that may be accessed by other Users, it is to be borne in mind that such information can be viewed by anyone with an Internet connection. Such information is not private and the same is free to be reproduced, used, disclosed and distributed to others without limitation or attribution. Any information You disclose may be used by third parties we don't control. BeYouPlus is not responsible or liable in any manner whatsoever for any information you choose to submit/ post in these forums.
4.11. Upon coming across any change of personal information, the User may contact BeYouPlus to correct, update or delete and deactivate our record of your personally identifiable information.
2.1. You are required to register with BeYouPlus to access features and use functions therein; You will need to create a password-protected account (“Account”). An Account holder is referred to as a “Registered User” herein.
2.2. When You create an Account, You must provide relevant information such as name, e-mail address, choose password, and phone number, and any other detail that may be required by BeYouPlus. In addition, You may also be required to provide an OTP (one time password), or follow any other similar authentication processes as may be deemed necessary by BeYouPlus from time to time.
2.3. You may also register for an Account using your existing Facebook, Google Plus account and log-in credentials if available.
2.4. This registration may be free of charge or for a charge, depending upon the functions or features accessed on the Application, which would be notified from time to time.
2.5. On every subsequent use of the Application after registration, You will be required to enter a User Id and a password.
2.6. You are solely responsible for maintaining the confidentiality of your BeYouPlus password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account that are due to your conduct, inaction, or negligence.
2.7. By registering on the Application, You represent that You will submit information, which is truthful and accurate, and will update your registration information to keep it accurate and current. We may cancel your registration or terminate your account without notice at our sole discretion, in the event we believe that You have not provided accurate or truthful information or that You are not complying with applicable laws, rules and regulations. You hereby expressly agree and acknowledge that BeYouPlus shall not be liable for any direct and/ or indirect damage caused by any unauthorized use of your Account.
2.8. If You become aware of any suspicious or unauthorized conduct concerning your account, You agree to contact us immediately by e-mail at [email protected] We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider or phone number with or without any prior notice.3. Obligation of Registered Users
3.1. You shall not in any manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate BeYouPlus information or content, including but not limited to, use on a “mirrored”, a competitive, or third party site.
3.2. You shall not in any way that transmits more request messages to the BeYouPlus server or any server of a BeYouPlus subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material.
3.3. You shall not recruit, solicit or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with BeYouPlus, without express written permission from BeYouPlus.
3.4. You shall not take any action that (i) unreasonably encumbers or, in BeYouPlus’s sole discretion, may unreasonably encumber the participation in the Application; or (ii) bypasses BeYouPlus’s measures that are used to prevent or restrict access to BeYouPlus.
3.5. You agree to collect or harvest any personally identifiable data, including without limitation, names or other Account details from the Application, not to use the communication systems provided by the Application for any commercial solicitation purposes.4. Additional Policies
1.1. Any information on this Application, including but not limited to personal information of any User, posts, videos, profile, conversation, text, discussion, graphics, live chat, emails, phone support, advice, estimates, recommendations or other materials submitted, hosted, shared, uploaded, downloaded, viewed, and/or accessed by a User or Application, including your profile (“Profile”), the posting of your service offer (“Offer”), the posting of your desired Service want (“Want”), or your opinions, reviews in connection with BeYouPlus, Service Professional or the Service User (hereinafter collectively referred to as “Content”) shall be in accordance with terms contained herein.
1.2. BeYouPlus does not regularly review the questions, answers and public forum posts on the Application and the views expressed therein are those of the individuals who post the Content and do not necessarily reflect those of BeYouPlus, its owners, managers, directors, employees, agents, partners, advertisers or affiliates.
1.3. BeYouPlus assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Application or in the posts. All advice and/or information obtained directly or indirectly from the Application are at your own risk.
1.4. The Application may include a variety of features, such as discussion forums, blogs, photo-and video-sharing pages, e-mail services and social networking features that allow feedback to Us and allow Users to interact with each other on the Application or to post Content and materials for display on the Application. The Application also may include other features, such as personalized home pages and e-mail services that allow users to communicate with third parties. By accessing and using any such features, the User represents and agrees that:
1.4.1. the User is the owner of any materials posted or submitted or is posting or submitting such materials with the express consent of the owner of the materials; and
1.4.2. the User will indemnify and hold harmless DHPL, its affiliates and each of its respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any Content or materials displayed on or submitted via the Application by the User or by others using his username and password.
1.5. BeYouPlus makes it expressly clear that the advice, discussion or any of the Contents which may be construed as an opinion/advice rendered by the Service Professional on the Application is solely his/her opinion and shall not be construed to be an opinion of the Application. BeYouPlus would not be liable for any loss or damage caused by such advice, discussion or any of the Contents posted by any User on the Application to any User or third party. Any Content provided by BeYouPlus may be construed as merely a guide and not a medical opinion.2. Restrictions on Content
2.1. You agree that the Contents posted on the Application shall at all times be governed by applicable laws and, in particular shall be in accordance with to the IT Intermediaries Guidelines such that they shall not:
2.1.1. host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that belongs to another person;
2.1.2. post or submit any Content, which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2.1.3. submit any Content on the Application, which is unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or such Content which may be harmful to minors;
2.1.4. infringe any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
2.1.5. violate any applicable law for the time being in force;
2.1.6. deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
2.1.7. impersonate another person;
2.1.8. upload Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
2.1.9. threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2.2. The User shall not link directly or indirectly to or include descriptions of items, posting of Contents or Services that are prohibited under the applicable law for the time being in force including but not limited to The Drugs and Cosmetics Act, 1940, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, The Indian Penal Code, 1860, IT Act as amended from time to time and rules there under.
2.3. The User shall at all times ensure full compliance with the applicable provisions of the IT Act and rules there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service.
2.4. Notwithstanding the statutory duty cast above upon the Users, the Users also, and without prejudice to duties cast by any statute for the time being in force, shall not use the Application for:
2.4.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
2.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
2.4.3. Gaining unauthorized access to other computer/network systems;
2.4.4. Interfering with any other person’s use of enjoyment of the Application;
2.4.5. Interfering or disrupting networks or Applications connected to the Application;
2.4.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
2.4.7. Violating or attempting to violate the integrity or security of the Application or its Contents;
2.4.8. Transmitting any information (including posts, messages and hyperlinks) on or through the Application that is disrupting or competitive to the provision of Services by us;
2.4.9. Intentionally submitting on the Application any incomplete, false or inaccurate information;
2.4.10. Making any unsolicited communications to other Users of the Application;
2.4.11. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
2.4.12. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
2.4.13. Copying or duplicating in any manner any of the Content on the Application or other information available from the Application;
2.4.14. Framing or hot linking or deep linking any Content on the Application;
2.4.15. Gaining unauthorized access to the Application, or any account, computer system, or network connected to the Application, by means such as hacking, password mining or other illicit means
2.4.16. Repeatedly posting the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and
2.4.17. Gathering for marketing purposes any e-mail addresses or other personal information that has been posted by Users.
2.5. You shall not send messages to other Users containing: (i) offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or (ii) unsolicited advertising or marketing of a service not offered on Application or an external Application.3. Content Rights
3.1. You agree that by posting, hosting, sharing, submitting or displaying Content on or through the Application, You grant BeYouPlus (and its successors and permitted assigns) a worldwide, perpetual, non-exclusive, royalty-free license (with the right to multiple tiers of sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, and its derivative works or a part thereof, anywhere in any and all media or distribution methods (now known or later developed) in any manner, in any medium, for any purpose.
3.5. Notwithstanding the foregoing, it is expressly clarified that You shall be solely responsible for any Content that You provide or upload while accessing the Application including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other Content that You upload, transmit or store when using the Application.4. Prohibitions relating to Services
While using the Application, You shall not:
5.1. If You send or transmit any communications, comments, questions, suggestions, or related materials to BeYouPlus, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Application, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and BeYouPlus is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions. You agree and acknowledge that BeYouPlus is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
5.2. As a participant in the Application, You agree to use careful, prudent, and good judgment while leaving feedback for another User. The following actions constitute inappropriate uses of feedback: (a) threatening to leave negative or partial feedback for any User; (b) leaving feedback in order to make the Service Professional appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restricts a Service Professional or a Service User from leaving feedback.
5.3. BeYouPlus reserves the right to: (i) cancel your Suggestions/feedback; (ii) any of your postings; (iii) limit your account privileges; and/or (iii) suspend or terminate your account with or without cause and with or without notice, for any reason in accordance with the terms contained herein.
5.4. In any event, notwithstanding the above, if there is any dispute between the Users of BeYouPlus concerning the Suggestions/ Feedback, BeYouPlus shall be the final arbiter of such dispute.
5.5. In addition to the above, BeYouPlus has the right in its sole discretion to remove any Content, including any feedback or suggestion, or take any action as it deems reasonable without incurring any liability whatsoever.
5.6. You may contact BeYouPlus any inappropriate use of Suggestion/feedback via-email at [email protected]V. Guidelines for Users
5.4. In any event, notwithstanding the above, if there is any dispute between the Users of BeYouPlus concerning the Suggestions/ Feedback, BeYouPlus shall be the final arbiter of such dispute.
5.4. In any event, notwithstanding the above, if there is any dispute between the Users of BeYouPlus concerning the Suggestions/ Feedback, BeYouPlus shall be the final arbiter of such dispute.1. Rules for Registered Users
Service Professional agrees and acknowledges that BeYouPlus is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Application. Accordingly, the contract of sale of Services on the Application shall be a strictly bipartite contract between Service Professional and Service User. The Service Professional shall enter into an agreement with Service User and take consent of the User before providing Services in accordance with the applicable laws in force.3. BeYouPlus Fees
3.1. Service Professionals shall not: (a) offer a catalog or a link to a third-party Application from which Service User and any Registered User of the Application may obtain the Service directly; (b) exceed multiple Posting limits; (c) charge fee in excess of what is provided at Application; (d) make delay or withhold payment of BeYouPlus; or (e) use their Profile page or user name to promote services not offered on or through the Application and/ or prohibited services.
3.2. Service User shall not: (a) commit to purchasing or using a Service without paying the fees of BeYouPlus or Service Professional wherever provided; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with use of or payment for the Service; (c) make delay in or making the payment to the Service Professional; and (d) negotiate upon the price indicated on the Application on which booking has been made by the Service Professional.4. Posting on the Application
5.1. If a Service Professionals violates any of the above-referenced rules with connection with his or her Posting, BeYouPlus, in its sole discretion, may take any of the following actions: (a) Cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the ratings, feedback page.
5.2. If a Service User violates any of the above-referenced rules in the connection with his or her Posting, BeYouPlus, in its sole discretion may take any of the following action: (a) Cancel the Posting; (b) limit the Account privileges; (c) suspend the Service User’s Account and /or (d) deactivate the Account.VI. Intellectual Property Rights Policy
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, BeYouPlus owns and reserves all Intellectual Property Rights in all text, programs, products, processes, technology, content and other material, which appear on this Website.
2. Access to this Application does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior written permission.
3. You may not modify, distribute or re-post anything on this Application for any purpose, the BeYouPlus names and logos and all related product and service, names, design marks and slogans are the trademarks or service marks of DHPL. All other marks are the property of their respective companies and you shall trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Application does not authorize anyone to use any name, logo or mark which appear on the Application in any manner. References on this Application to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to You and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
4. We are not responsible for the contents of any third-party websites and do not make any representation regarding the content or accuracy or material on such websites. If you decide to link to any such third-party websites, You do so entirely at your own risk. All Content available on the Application, is intended solely for personal, non-commercial use.
5. You may download or copy the Contents and other downloadable materials displayed on the Application for your personal use only. No rights, title or interest or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Application or any related software.
6. All software used on this Application is the property of DHPL or its suppliers and licensors and protected by Indian and international copyright laws. The Contents and software on this Application may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Application is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademark, trade dress and / or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of DHPL and is also protected by Indian and International copyright laws.VII. Modification to/ or Termination of Application
BeYouPlus reserves the right at its sole discretion, at any time, to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice. BeYouPlus shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Services.2. Termination by BeYouPlus
BeYouPlus reserves the right at its sole discretion, at any time, to delete or terminate, temporarily or permanently, your Account or otherwise terminate your access, with or without notice. If BeYouPlus believes You have violated this Terns of Use or/ and Additional Policy.3. Termination by You
1.1. You may not need to register or pay a fee to simply visit and view the Services posted on the Application. However, BeYouPlus, at its sole discretion, may, at any time, charge a subscription fee, which shall be notified from time to time.
1.2. BeYouPlus reserves a right to charge a fee from Service Users on booking made with Service Professional, on pre-transaction basis. The amount of the payment would be notified by BeYouPlus from time to time. The fee shall be paid by You either on the Application through a secure payment gateway or at the location of the Service Professional after the Services have been availed.
1.3. The mode of payment at the Application may be an online payment (third party payment gateway) and/or a cash at the time of availing Service. Further, BeYouPlus at its sole discretion may require You to make the payments or a part thereof only through the Application.
1.4. The Service User hereby unconditionally and unequivocally authorizes BeYouPlus to: (i) use a proprietary or third party payment facility provider; and (ii) to collect any fees and/or charges payable by the Users through such proprietary or third party payment facility provider,2. For Service Professional
2.1. You may not need to pay a fee to simply visit and view the Services posted on the Application. However, BeYouPlus, at its sole discretion reserves a right to charge subscription fees from Service Professionals which shall be notified from time to time.
2.2. BeYouPlus reserves a right to charge a fee to Service Professionals on generation of a lead i.e. request posted by a Service User, and permitting the Service Professional to contact the Service User, irrespective of whether Service User avails Services. The amount of the payment would be notified by BeYouPlus from time to time. The fee shall be paid either on the Application through a secure payment gateway or at the location of the Service Professional after the Services have been availed.
2.3. The mode of payment at the Application may be an online payment (third party payment gateway) and/or cheque at the designated bank of BeYouPlus. Further, BeYouPlus at its sole discretion may require You to make the payments only through the Application.
2.4. The Service Professional unconditionally and unequivocally authorizes BeYouPlus to: (i) use a proprietary or third party payment facility provider; and (ii) to collect any fees and/or charges payable by the Users through such proprietary or third party payment facility provider.3. Taxes
All consideration paid to BeYouPlus, whether in the form of fees, or subscription charges or otherwise, shall be inclusive of all applicable taxes.4. Refunds/ Changes
4.1. A registration fee, which may be charged, as and when notified by BeYouPlus, will not be refundable.
4.2. The advance payment made by a Service User for the Services may be refundable by the Service Professional where booking has been made depending on the discretion of the Service Professional.
4.3. In the event a Service User makes advance payment to BeYouPlus for availing package at a discounted price and cancels the Service after at least one (1) session then the refundable amount would be calculated on the basis of per session non-discounted prices, at the discretion of BeYouPlus.
4.4. BeYouPlus shall not be a party to, nor called upon to make, any refunds in the event of any disputes between the Service User and Service Professional.
4.5. In addition to the foregoing, BeYouPlus will not be liable to refund any amount paid to it unless it is expressly stated at the time of payment of the relevant fees/refund policy that may be notified from time to time.
4.6. BeYouPlus shall not be liable to refund any amount if the results as promised by the Service Professional, or based on the before-after pictures posted by the Service Professional on the Application are not achieved after availing the Services.
4.7. In case of discontinuation/ changes of Services by any Service Professional as indicated on the Application, then any fees paid by Service User in advance may be adjusted by way of providing Service User similar/ different Services from a different Service Professional at the discretion of BeYouPlus and after providing due intimation to You.IX. Relationship between Parties
You agree that BeYouPlus itself does not have any role in the execution or provision of Services listed by the Service Professionals. BeYouPlus is not a party to any oral or written agreement for Service, consent forms, etc. that may be entered between Service User and Service Professional. BeYouPlus shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings.2. No Agency or Partnership
1.2. Notwithstanding the foregoing, You agree that BeYouPlus itself does not have any role in the execution or provision of Services listed by the Service Professional on the Application, and hence BeYouPlus shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings.
1.3. You acknowledge and understand that BeYouPlus does not guarantee results as promised by the Service Professional, or based on the before-after pictures posted by the Service Professional on the Application, and hence BeYouPlus shall not be responsible or liable for result of the treatment provided by Service Professional.
1.4. BeYouPlus in special circumstances may refer/shift You for availing Services to another Service Professional. The circumstances may include shifting the place of residence of the User, shifting of place of office of enlisted professional, expiry/termination of certificate of practice of an enlisted professional.
1.5. If there is a dispute between the Users or between the Service User and the Service Professional on the Application or any User or third party, You acknowledge and agree that BeYouPlus is under no obligation to become involved.2. Applicable Laws & Jurisdiction of Courts
You should note that aspects of the Application may be supported by advertising revenue. As such, BeYouPlus may display advertisements and promotions on its Application. BeYouPlus shall not be liable for any claim, error, omission and/or inaccuracy in advertising material. The manner, mode and extent of advertising by BeYouPlus on the Application are subject to change and the appearance of advertisements on the Application does not necessarily imply endorsement by BeYouPlus of any advertised products or services. You agree that BeYouPlus shall not be responsible or liable for any claim, error, omission and/or inaccuracy in advertising or for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Application.XII. Disclaimers
1. BeYouPlus disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).
2. BeYouPlus shall not be liable to any User for any loss or damages which may arise from the use of any of the information contained in any of the materials or contents on this Application or advise sought from or given by the Service Professional on the Application.
3. BeYouPlus makes it clear that throughout the Application, there may be provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither BeYouPlus nor its parent or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Application or on Applications linked to by us on the Application.
4. The User must provide and is solely responsible for all hardware and/or software necessary to access the Application. The User should assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
5. BeYouPlus makes it clear that if there is a dispute between Users of the Application, or between a Service User and Service Professional, or between a User and any third party, it would be under no obligation to become involved, and the User agrees to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Application.XIII. Limitation of Liability
1.1.1. access to and use of Application or any services offered therein or any Services offered by the Service Professionals via the Application, including any services provided pursuant to an agreement formed independently of the Application;
1.1.2. errors, mistakes, or inaccuracies of content uploaded, submitted or provided by BeYouPlus, data, marks, information, materials, or substance of the Application;
1.1.3. any unauthorized access to or use of secure servers and/or personal information and/or financial information stored therein;
1.1.4. any bugs, virus, or the like transmitted to or through the Application by a third party;
1.1.5. any failed negotiations for a Service, any dispute that may arise during or after the negotiation of a service or the formation of a contract for any service or any dispute that may arise between the Users or dispute between Service User and Service Professional or dispute between Users and third parties; and
2. You acknowledge, agree and understand that BeYouPlus itself has no role in the execution or provision of Services. It is further clarified that notwithstanding anything contained in this agreement or any other document, Additional Policies, agreement, heads of agreement, letters of agreement, etc., BeYouPlus shall not have any liability whatsoever for any aspect of the arrangements between the Service User and Service Professionals as regards the Services offered and executed by the Service Professional or any related aspect therein.
3. You agree and acknowledge that BeYouPlus bears sole and exclusive responsibility to check the credentials of the Service Professionals and/or find out specific details of the Services being offered by them, and BeYouPlus shall have no liability in relation thereof.
4. You acknowledge that before acting on any of the advice or availing Services, the You should confirm that such action is applicable and suitable by referring to his or her own medical practitioner or attaining the second and third opinion of other medical practitioners. Neither BeYouPlus nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Application.
5. In any event the total aggregate liability of BeYouPlus, or any of its associate entities/persons referenced above, arising from the use of the Application or procurement of Services shall not be more than the total fees actually paid to BeYouPlus by a User in relation to the particular Services availed of by such a User in accordance with the terms contained herein. Provided, however, BeYouPlus shall under no circumstance, be liable if the User is merely accessing and/or visiting the Application.
6. Notwithstanding the terms contained herein, in any event, BeYouPlus shall not be liable for any loss or damage after the expiration of three (3) months from the happening of loss or the damage unless the claim is the subject of pending action or arbitration.
7. You acknowledge that under no circumstances, including, but not limited to, medical negligence, DHPL or its subsidiaries, parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Application, including its materials, products, or services, or third-party materials, products, or services made available through the Application.
8. The development of this Application with respect to the nature of the information or data available on this Application is a continuous and ongoing process. BeYouPlus disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of this Application. BeYouPlus does not assume or purport to assume any responsibility or liability for your failure or inability to use or access this Application for any purpose. Published information or data available on this Application may not be current or up to date.XIV. Indemnity
In compliance and in accordance with the IT Act and rules made there under, the contact details of the Grievance Officer are published on the Application, and can be reached at [email protected]XIX. Report Abuse