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Terms and Conditions


GENERAL

We, at Facets Dental(“we,” “us”) provide services to all individuals accessing or using our Facets Dental -TDPL platforms (“TDPL Platforms”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available here.The Platform is owned and operated by Team Dental Private limited, (TDPL) a private limited company duly incorporated under the provisions of the Companies Act, 2013.By accessing or browsing of the Platform and using the Services (as defined below), you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the website/ Platform.

ELIGIBILITY

When you use the Platform, you represent that you meet the following primary eligibility criteria:

You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.

If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users.

You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the TDPL Platform.

You have not been previously suspended or removed by TDPL or any other or disqualified for any other reason, from availing the Services.

TDPL reserves the right to terminate your membership and/or refuse to provide you with access to the TDPL Platformif TDPL discovers that you are under the age of 18 years.

OUR SERVICES

Through the Platform, we provide you with the following services (“Services”):

Display, advertisement,

Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the TDPL Platform is solely undertaken by TDPL.

By transacting on the TDPL Platform in respect of any Products or Services, you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against TDPL..

YOUR USE OF THE TDPL PLATFORM

As an end-user and recipient of Services, when you use the TDPL Platform, you agree to the following conditions of use:

Due diligence conditions:

  1. You are solely responsible for the medical, health and personal information you provide on the TDPL Platform, and you are requested to use your discretion in providing such information.
  2. You will provide accurate and complete information everywhere on the TDPL Platform, based on which you will receive the Services.
  3. You will be solely responsible for all access to and use of this TDPL Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of this TDPL Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
  4. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our Privacy Policy.
  5. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

Scope of Services:

  1. TDPL engages with end customers through both offline and online channels, i.e. through its clinics as well its TDPL Platform. The TDPL Platform will display the inventory of products available in TDPL owned clinics or partnered clinics only in your region, based on the pin code entered by you on the TDPL Platform.

Prohibitions:

You may view and access the content available on the TDPL Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the TDPL Platform or any portion of it unless expressly permitted by TDPL in writing.

You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by TDPL.

You may not make any commercial use of any of the information provided on the TDPL Platform.

You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.

You may not mislead anyone with the information or service offer from the TDPL Platform.

You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5 below.

PROHIBITED CONTENT

You shall not upload to, distribute, or otherwise publish through the TDPL Platform, the following Prohibited Content, which includes any content, information, or other material that:

  1. Belongs to another person and which you do not own the rights to;
  2. Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
  3. Is hateful, racially or ethnically objectionable, disparaging of any person?
  4. Relates to or seems to encourage money laundering or gambling,
  5. Harm minors in any way;
  6. Infringes any patent, trademark, copyright or other proprietary rights;
  7. Violates any law in India for the time being in force;
  8. Deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  9. Communicates any information which is grossly offensive or menacing in nature;
  10. Impersonates another person;
  11. Contains software viruses and malicious programs;
  12. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
  13. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  14. Incites any offence or prevents investigation of any offence or insults any other nation;
  15. Is abusive or inappropriate to the HSP conducting your Dental medical consultation or any employees, consultants or technicians of Facets Clinics group or affiliate who you may interact with for availing Services; and
  16. Is not relating to the Dental/ medical consultation or relating to any of the Services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the TDPL Platform.

INDEMNITY

By using the TDPL Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold TDPL, its affiliates and any Facets Dental owned companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of:

Your breach of these Terms;

Your use of the TDPL Platform and/or the Service;

Incorrect or inaccurate credit / debit card details provided by you;

You using a credit / debit card which is not lawfully owned by you;

You permitting a third party to use your password or other means to access your account;

Your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the TDPL Platform and/or the Service;

You providing a false, forged, unauthorized or manipulated prescription or

Any action taken by TDPL as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

  1. To the extent permitted by applicable law, TDPL or its affiliates or any Team dental companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:

(i) These Terms and Conditions and Privacy Policy;

(ii) Your use or inability to use the TDPL Platform;

(iii) Your use of any third party services you contacted through the TDPL Platform.

  1. TDPL does not warrant that the TDPL Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the TDPL Platform.
  2. Although TDPL takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the TDPL Platform, TDPL does not represent or warrant that the TDPL Platform, or the Service or Products or materials that may be made available through the TDPL Platform are free from such destructive features. TDPL is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
  3. To the extent permitted by law, TDPL shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if TDPL has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:

(i) your use of or reliance on the TDPL Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the TDPL Platform;

(ii) Your provision of information, personal or otherwise, to TDPL;

(iii) The provision of Services by TDPL; or

(iv)  Acts or negligence on the part of TDPL, its agents or employees;

(v) Errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist TDPL such as delivery partners.

  1. To the fullest extent permitted by law, TDPL disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the TDPL platform or TDPL’s services, or with respect to the accuracy, currency or completeness of the information provided by TDPL, including the implied warranties or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The TDPL platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this TDPL platform is at your sole risk.

f.Notwithstanding anything herein to the contrary, TDPL’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the TDPL Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.

  1. TDPL reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel services anytime at their sole discretion.
  2. No claims or action arising out of, or related to, the use of the TDPL Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the TDPL Platform.

DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy

INTELLECTUAL PROPERTY AND OWNERSHIP

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the TDPL Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.No use of these may be made without the prior written authorization of TDPL.The Marks on the TDPL Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of TDPL, except for the sole purpose of identifying the Products or Services originating from TDPL.You acknowledge and agree that the material and content shown at the TDPL Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this TDPL Platform. You further acknowledge that any other use of the material and content of the TDPL Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. TheTDPL Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the TDPL Platform. You warrant that any such User Content submitted by you to the TDPL Platform is original (and does not infringe the copyright of others), and you hereby grant TDPL a perpetual, irrevocable, non-exclusive, royalty free license to use TDPL Privileged and Confidential.

Such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. TDPL has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.

OTHER CONDITIONS

Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details.

By using our Services, you further confirm that you understand and agree to the following:

  1. That you will use the services provided by TDPL, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the TDPL Platform and transacting on the TDPL Platform.
  2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. TDPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), TDPL has the right in its sole discretion to reject the registration and debar you from using the Services of TDPL and / or other affiliated websites without prior intimation whatsoever.
  3. That you using your best and prudent judgment before entering into any transaction through this TDPL Platform doing so at your sole risk. 

TDPL reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.No delay or failure by TDPL to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of TDPL.These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and TDPL relating to the use of the TDPL Platform (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and TDPL for your use of the TDPL Platform.When you visit the TDPL Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the TDPL Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.

THIRD PARTY LINKS AND RESOURCES

Where the TDPL Platform contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only/ merely as a convenience. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by TDPL as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/links is done at your own risk and cost. You will be bound by the privacy policy and terms of use of the respective website when you navigate away from the TDPL Platform to any such website.

AMENDMENTS

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the TDPL Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure of service when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  1. Strike, lockout or other forms of protest
  2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  4. Inability to use public or private transportation and telecommunication systems.
  5. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

TERMINATION

  1. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions.
  2. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

APPLICABLE LEGISLATION AND JURISDICTION

The use of our TDPL Platform and the contract between you and TDPL shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Kochi in the state ofKerala ,not in any other Court in India or abroad..

CONTACT US

If you have any comments, query or grievances regarding the Services, Terms and Conditions and Privacy Policy, you may contact, our Grievance Officer at facets2010@gmail.com and call Dr Seby 9020202000.

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