Dr. Sanjeev Nelogi’s Aesthetic Training Institute is the author and publisher of the internet resource https://www.drsanjeevnelogiacademy.com. Dr. Sanjeev Nelogi’s Aesthetic Training Institute owns and operates the services provided through the Website.
1. NATURE AND APPLICATION OF TERMS
Please carefully go through these terms and conditions and the privacy policy before you decide to access the Website or avail the services made available on the Website by Dr. Sanjeev Nelogi’s Aesthetic Training Institute . These Terms and the Privacy Policy together constitute a legal agreement between you and Dr. Sanjeev Nelogi’s Aesthetic Training Institute in connection with your visit to the Website and your use of the Services.
The Agreement applies to you whether you are:
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to use the website or the services.
- Otherwise a user of the Website
The Services may change from time to time, at the sole discretion of Dr. Sanjeev Nelogi’s Aesthetic Training Institute , and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Dr. Sanjeev Nelogi’s Aesthetic Training Institute.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872
- The (Indian) Information Technology Act, 2000.
- The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the“SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the“IG Rules”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to the Dr. Sanjeev Nelogi’s Aesthetic Training Institute that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 Dr. Sanjeev Nelogi’s Aesthetic Training Institute may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of our services and to build new services.
3.1.3 The Website allows Dr. Sanjeev Nelogi’s Aesthetic Training Institute to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.4 The Privacy Policy sets out.
- The type of information collected from Users, including sensitive personal data or information.
- The purpose, means and modes of usage of such information.
- How and to whom Dr. Sanjeev Nelogi’s Aesthetic Training Institute will disclose such information.
- Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of.
- The fact that certain information is being collected.
- The purpose for which the information is being collected.
- The intended recipients of the information.
- The nature of collection and retention of the information.
- The name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information.
3.1.6 Dr. Sanjeev Nelogi’s Aesthetic Training Institute shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Dr. Sanjeev Nelogi’s Aesthetic Training Institute or to any other person acting on behalf of .
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Dr. Sanjeev Nelogi’s Aesthetic Training Institute of any actual or suspected unauthorized use of the User’s account or password. Although Dr. Sanjeev Nelogi’s Aesthetic Training Institute will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dr. Sanjeev Nelogi’s Aesthetic Training Institute or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dr. Sanjeev Nelogi’s Aesthetic Training Institute has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dr. Sanjeev Nelogi’s Aesthetic Training Institute has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Dr. Sanjeev Nelogi’s Aesthetic Training Institute may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 Dr. Sanjeev Nelogi’s Aesthetic Training Institute collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Dr. Sanjeev Nelogi’s Aesthetic Training Institute takes reasonable efforts to ensure that such information is updated at frequent intervals.
3.2.2 The Services provided by Dr. Sanjeev Nelogi’s Aesthetic Training Institute or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Dr. Sanjeev Nelogi’s Aesthetic Training Institute does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Dr. Sanjeev Nelogi’s Aesthetic Training Institute does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Dr. Sanjeev Nelogi’s Aesthetic Training Institute disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Dr. Sanjeev Nelogi’s Aesthetic Training Institute or any User in relation to any User or services provided by such User.
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Dr. Sanjeev Nelogi’s Aesthetic Training Institute has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Dr. Sanjeev Nelogi’s Aesthetic Training Institute endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 Dr. Sanjeev Nelogi’s Aesthetic Training Institute assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.2.5 If Dr. Sanjeev Nelogi’s Aesthetic Training Institute determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Dr. Sanjeev Nelogi’s Aesthetic Training Institute reserves the right to immediately suspend your access to the Website or any of your accounts with Dr. Sanjeev Nelogi’s Aesthetic Training Institute and makes such declaration on the website alongside your name as determined by for the protection of its business and in the interests of Users. You shall be liable to indemnify Dr. Sanjeev Nelogi’s Aesthetic Training Institute for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Dr. Sanjeev Nelogi’s Aesthetic Training Institute or its Users.
4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
4.1 As mandated by Regulation 3(2) of the IG Rules, Dr. Sanjeev Nelogi’s Aesthetic Training Institute hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which the User does not have any right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
- Harm minors in any way.
- Infringes any patent, trademark, copyright or other proprietary rights.
- Violates any law for the time being in force.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonate another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- Threatens the unity, integrity, defence, 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.
4.2 Users are also prohibited from:
- Violating or attempting to violate the integrity or security of the Website or any Dr. Sanjeev Nelogi’s Aesthetic Training Institute Content.
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Dr. Sanjeev Nelogi’s Aesthetic Training Institute.
- Intentionally submitting on the Website any incomplete, false or inaccurate information.
- Making any unsolicited communications to other Users.
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
- Copying or duplicating in any manner any of the Dr. Sanjeev Nelogi’s Aesthetic Training Institute Content or other information available from the Website.
- Framing or hot linking or deep linking any Dr. Sanjeev Nelogi’s Aesthetic Training Institute Content.
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
4.3 Dr. Sanjeev Nelogi’s Aesthetic Training Institute , upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2.Dr. Sanjeev Nelogi’s Aesthetic Training Institute shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User,Dr. Sanjeev Nelogi’s Aesthetic Training Institute has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
4.5 Dr. Sanjeev Nelogi’s Aesthetic Training Institute may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Dr. Sanjeev Nelogi’s Aesthetic Training Institute to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Dr. Sanjeev Nelogi’s Aesthetic Training Institute as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Dr. Sanjeev Nelogi’s Aesthetic Training Institute or any person on its behalf and the User or where the User has consented to data transfer.
Dr. Sanjeev Nelogi’s Aesthetic Training Institute respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
5. TERMINATION
5.1 Dr. Sanjeev Nelogi’s Aesthetic Training Institute reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where.
- Such User breaches any terms and conditions of the Agreement.
- A third party reports violation of any of its right as a result of your use of the Services.
- Dr. Sanjeev Nelogi’s Aesthetic Training Institute is unable to verify or authenticate any information provide to Dr. Sanjeev Nelogi’s Aesthetic Training Institute by a User.
- Dr. Sanjeev Nelogi’s Aesthetic Training Institute has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Dr. Sanjeev Nelogi’s Aesthetic Training Institute believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Dr. Sanjeev Nelogi’s Aesthetic Training Institute or are contrary to the interests of the Website.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
6. RETENTION AND REMOVAL
Dr. Sanjeev Nelogi’s Aesthetic Training Institute may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
7. APPLICABLE LAW AND DISPUTE SETTLEMENT
7.1 You agree that this Agreement and any contractual obligation between Dr. Sanjeev Nelogi’s Aesthetic Training Institute and User will be governed by the laws of India.
7.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Dr. Sanjeev Nelogi’s Aesthetic Training Institute. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.
8. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
9. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Dr. Sanjeev Nelogi’s Aesthetic Training Institute . Any consent by to, or a waiver by Dr. Sanjeev Nelogi’s Aesthetic Training Institute.
- Any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE