Terms of Use
Nova Cosmetic surgery centre (“Nova”/We”/ ''Us ``/''Our ``) is engaged in the business of providing healthcare and medical consultations (“Services”) to patients. This document describes and governs the terms and conditions (“Terms”) with respect to the Services related information made available through either the website at www.novacosmetic.in (“Website”) and/or various mobile applications that are made available to you (“Applications”) from time to time (the Website and Application shall be collectively referred to as “Platform”). These Terms apply to you, if you are – a medical practitioner or health care provider wishing to partner with or have already partnered with Us, including designated, authorized associates of such practitioners or institutions; or a patient, his/her representatives or affiliates; or otherwise, a user of the Website. (who shall hereinafter be referred to as “You”, “Your” “User” as applicable). The Platform is owned, operated and controlled by Nova Cosmetic.
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY. YOUR AVAILING OF SERVICES IN ACCORDANCE WITH THESE TERMS SHALL AUTOMATICALLY RENDER THE PRIVACY POLICY APPLICABLE TO YOU.
Please note that Nova Cosmetic surgery Centre reserves the right to revise this Terms at any time by intimating you through the Platform and/or through an email to You. Your continued use of the Platform and/or Services following the intimation of changes to these Terms will mean you accept the relevant changes to the Terms. If you do not agree with any of the Terms, you must not continue to use the Platform. Nova Cosmetic surgery Centre reserves the right, in its sole discretion, to determine if you have violated the Terms and to take any action it deems appropriate. You acknowledge that Nova Cosmetic surgery Centre shall have the right to terminate your access to the Platform or Services for violations of any of these rules, including repeat infringement of copyrights.
Accessing the Platform
It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.
By using the Platform, you represent and warrant that:
You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity; and
You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.
Use of Services and/or the Platform
Nova Cosmetic surgery Centre grants you a limited, personal, non-exclusive, non-transferable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties:
(a) You may only access the Platform using authorized and lawful means;
(b) We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to register with the Platform for such access or due to any other reasons whatsoever;
Any configuration or set up of the devices for access to the Platform shall be your sole responsibility.
Nova Cosmetic surgery Centre collects, stores, processes and uses your information in accordance with its www.novacosmetic.in Privacy Policy available . By using the Platform and/or availing the Services, you will be required to provide your Personal Information (as defined in the Privacy Policy). You will not take any action that interferes with, degrades or adversely affects Nova Cosmetic surgery Centre and/or the Platform.
You will not use the Platform in a manner that: (i) is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties' similar use; (iii) will violate or tamper with the security of the Platform.
You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content. The content you post must not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content and it is not spam or randomly generated. It must not contain any unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Content must not be pornographic, must not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Indemnification
By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold Nova Cosmetic surgery Centre, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to Nova Cosmetic surgery Centre's representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.
Limitation of Liability
To the maximum extent permitted by law, Nova Cosmetic surgery Centre shall provide the information relating to the Services without warranties, guarantees or representations. Nova Cosmetic surgery Centre shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.
Under no circumstances will Nova Cosmetic surgery Centre be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if Nova Cosmetic surgery Centre has been advised of the possibility of such damages.
We explicitly disclaim any and all liability for any the following:
(a) errors, mistakes or inaccuracies of the content displayed on the Platform;
(b) personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;
(c) the acts or omissions of Practitioners (as defined in the Privacy Policy) performing Services;
(d) any failure or delay in the Services; and
(e) any loss or damage arising out of your failure to adhere to your obligations under the Terms.
(f) user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Platform.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.
Disclaimers and Warranties
The content in the Platform is provided to you strictly on an 'as is' basis. Notwithstanding anything contained in these Terms, Nova Cosmetic surgery Centre does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that Nova Cosmetic surgery Centre will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by Nova Cosmetic surgery Centre, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated as and when required by Nova Cosmetic surgery Centre in its sole discretion.
Nova Cosmetic surgery Centre further acknowledges that it does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms.
Refunds Policy
By booking an appointment through our Website/Application, you agree to pay the applicable fees in the manner required through our Platform.
In the event of a cancellation of an appointment by you more than 3days in advance of an appointment, for any reason whatsoever, you may either request us to reschedule your appointment to another day, the same being subject to Nova Cosmetic surgery Centre's sole discretion and/or the availability of slots on the given day. Requests for refunds and initiation of refunds shall be at the sole discretion of Nova Cosmetic surgery Centre. In case of a denied refund request, we shall be entitled to withhold the fee paid by you, towards cancellation fee/charges.
General
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.
These Terms together with the Privacy Policy published by us on the Platform/Services, and the Patient Onboarding Agreement which shall be entered into for availing our Services, shall constitute the entire agreement between you and Nova Cosmetic surgery Centre concerning the Platform/Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Governing Law
These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India. Nova Cosmetic surgery Centre reserves the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.
Intellectual Property Rights
The trademarks, service marks, and logos used and displayed by the Nova Cosmetic surgery Centre, in any manner on the Platform or in any of the content are Nova Cosmetic surgery Centre's registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform's users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.
Such proprietary trademarks or logos belonging to Nova Cosmetic surgery Centre or its suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without the prior approval of Nova Cosmetic surgery Centre or the respective owners of such proprietary mark.
All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with Nova Cosmetic surgery Centre. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.
If you believe that material located on or linked to by www.novacosmetic.in violates your copyright, you are encouraged to notify Nova Cosmetic surgery Centre in accordance with Nova Cosmetic surgery Centre's Digital Millennium Copyright Act ('DMCA') Policy. Nova Cosmetic surgery Centre will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nova Cosmetic surgery Centre will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nova Cosmetic surgery Centre or others. In the case of such termination, Nova Cosmetic surgery Centre will have no obligation to provide a refund of any amounts previously paid to Nova Cosmetic surgery Centre.
Advertisements
Nova Cosmetic surgery Centre reserves the right to display advertisements on the Platform and such advertisements may contain links to third-party websites. Your access to such a third-party website is purely at your own risk and Nova Cosmetic surgery Centre shall not be liable or responsible for the actions of such third-party. The terms and privacy policy of such a third-party website will be different from Nova Cosmetic surgery Centre's and we encourage you to read through the same before accessing such a website as a prudent practice.
Contact Details
In case of any questions, queries, feedback, comments, or concerns about any of the terms of this Terms, you are requested to contact us through email at drvikramk@gmail.com or by mail then to Nova Cosmetic surgery Centre, # 48 Cowley Brown Road, R.S. Puram, Coimbatore-641002.
Declaration
By signing up,you are giving us consent and agreeing to the terms that Nova Cosmetic Surgery Centre can reach out via telephone call, whatsapp, facebook messenger, SMS and email. These communications will be both transactional and promotional in nature.
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