Terms of Service Agreement

LAST REVISION: 16-April-2018

Please read this Terms Of Service Agreement carefully. By using this website or ordering Easyderma Teledermatology Services from this website, you agree to be bound by all the Terms and Conditions of this agreement.

This Terms of Service Agreement (the "Agreement") governs your use of this website, app.easyderma.com (the "Website"), Benasys Technologies Private Limited ("Business Name") offer of service for purchase on this Website, or your purchase of Easyderma Teledermatology Services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Benasys Technologies Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Benasys Technologies Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Benasys Technologies Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Benasys Technologies Private Limited for other products or Easyderma Teledermatology Services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. EASYDERMA TELEDERMATOLOGY SERVICES

Terms of Offer

This Website offers online consultation for your skin diseases (the "Easyderma Teledermatology Service"). By placing an order for Easyderma Teledermatology Service through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation

Unless you notify us via our email address, contactus@easyderma.com, or call on our contact number provided on our Contact Us form in the website, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Benasys Technologies Private Limited and its designated in house or third party call team(s).

Opt-Out Procedure

We provide 3 easy ways to opt out of from future solicitations;

  • You may use the opt-out link found in any email solicitation that you may receive.
  • You may also choose to opt out, via sending your email address to: contactus@easyderma.com
  • You may send a written remove request to G-1206, Mantri Tranquil Apartments, Gubbalala PO, Off Kanakapura Road, Bangalore 560061.
Proprietary Rights

Benasys Technologies Private Limited has proprietary rights and trade secrets in the Easyderma Teledermatology Services offered. You may not copy, reproduce, resell or redistribute any service offered by Benasys Technologies Private Limited. Benasys Technologies Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Service Tax

If you avail any of our service, you will be responsible for paying any applicable service tax.

II. WEBSITE

Content, Intellectual Property, Third Party Links

In addition to making Easyderma Teledermatology Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Benasys Technologies Private Limited does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Benasys Technologies Private Limited does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Benasys Technologies Private Limited does not endorse the contents on any such third-party websites. Benasys Technologies Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website

Benasys Technologies Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes.

You will -

  • abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)
  • not interfere with or disrupt the use and enjoyment of the Website by other users
  • not resell material on the Website
  • not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication
  • not defame, harass, abuse, or disrupt other users of the Website
License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Benasys Technologies Private Limited or the applicable third party (if third party content is at issue)

Posting

By posting, storing or transmitting any content on the Website, you hereby grant Benasys Technologies Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Benasys Technologies Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Benasys Technologies Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Benasys Technologies Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Benasys Technologies Private Limited deems objectionable, in its sole discretion.

III. Disclaimer Of Warranties

Your use of this Website and/or Easyderma Teledermatology Services are at your sole risk. The Website and Easyderma Teledermatology Services are offered on an "as is" and "as available" basis. Benasys Technologies Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Easyderma Teledermatology Services or Website content, or any reliance upon or use of the Website content or Easyderma Teledermatology Services.

Without limiting the generality of the foregoing, Benasys Technologies Private Limited makes no warranty:

  • That the information provided on this Website is accurate, reliable, complete, or timely.
  • That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  • No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
  • As to the results that may be obtained from the use of the Easyderma Teledermatology Services will be corrected.

Regarding the Easyderma Teledermatology Service purchased or obtained through the Website, some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Benasys Technologies Private Limited’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and Easyderma Teledermatology Services and/or for any breach of this agreement is solely limited to the amount you paid via the Website.

Benasys Technologies Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement Or the Easyderma Teledermatology Services in any manner, including liabilities resulting from

  • The use or the inability to use the website content or Easyderma Teledermatology Services
  • Any Easyderma Teledermatology Services availed or transactions entered into through the Website
  • Any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.​

IV. REFUNDS & CANCELLATION POLICY

While there is no cancellation allowed after availing our Easyderma Teledermatology Service, it is our Guarantee that the Dermatologist will respond to your Case that was submitted by you online within one working day.

In the event that the Dermatologist with whom you booked a paid online consultation via our Website, app.easyderma.com, has not been able to respond within one working day from the time of booking the online consultation, you will just need to write to us at contactus@easyderma.com immediately after one working day is complete or just call us on 9035082066; in which case, the entire consultation becomes free and the amount as mentioned on the Website will be refunded within the next five (5) to six (6) business days in the original mode of payment done by you while booking the service.

In the event that the Dermatologist suggests that your case is not suitable for Teledermatology and that you will need to meet the doctor at the hospital/clinic, the entire amount that you paid as mentioned on the Website will be refunded within the next five (5) to six (6) business days in the original mode of payment done by you while booking the service.

Any other types of refund requests will be handled by our trained Customer Support Specialists on a case-to-case basis. You will just have to write to us at contactus@easyderma.com. The decision on whether you are entitled for a refund or not will be made by our Custom Support Specialists and they will call and inform you on why you are not eligible for a refund. If they decide that you are entitled for a refund, a 50% refund on Doctor's Consultation Fee only will be made within the next five (5) to six (6) business days in the original mode of payment done by you while booking the service.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Benasys Technologies Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of

  • this Agreement or the breach of your warranties, representations and obligations under this Agreement
  • the Website content or your use of the Website content
  • the Easyderma Teledermatology Service
  • any intellectual property or other proprietary right of any person or entity
  • your violation of any provision of this Agreement
  • any information or data you supplied to Benasys Technologies Private Limited.

When Benasys Technologies Private Limited is threatened with suit or sued by a third party, Benasys Technologies Private Limited may seek written assurances from you concerning your promise to indemnify Benasys Technologies Private Limited; your failure to provide such assurances may be considered by Benasys Technologies Private Limited to be a material breach of this Agreement. Benasys Technologies Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Easyderma Teledermatology Services, with counsel of Benasys Technologies Private Limited’s choice at its expense. Benasys Technologies Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Benasys Technologies Private Limited against any claim, but you must receive Benasys Technologies Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Easyderma Teledermatology Services.

VI. PRIVACY

Benasys Technologies Private Limited believes strongly in protecting user privacy and providing you with notice of Easyderma's use of data. Please refer to Benasys Technologies Private Limited Privacy Policy, incorporated by reference herein, that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering Easyderma Teledermatology Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Force Majeure

Benasys Technologies Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation

Benasys Technologies Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and the related Easyderma Teledermatology Services.

Entire Agreement

This Agreement comprises the entire agreement between you and Benasys Technologies Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of Benasys Technologies Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law & Jurisdiction

This Website originates from Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Benasys Technologies Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Easyderma Teledermatology Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement must be asserted individually.

Termination

Benasys Technologies Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Benasys Technologies Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Easyderma Teledermatology Services. If your access to the Website is terminated, Benasys Technologies Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Benasys Technologies Private Limited chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use

Benasys Technologies Private Limited makes no representation that the Website or Easyderma Teledermatology Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Benasys Technologies Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

By using this Website or ordering Products/Services from this Website you agree to be bound by all of the Terms and Conditions of this Agreement.