Terms of service

Last Updated: July 23, 2025

Please carefully read these Terms of Service and privacy policy available at https://nextgderma.com/policies/privacy-policy (Privacy Policy") before accessing or using this website/ internet-based platform/ mobile application and/or availing the Services. Further by accessing or using and/or availing any of the Services, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not avail Services/ use/access this website/ internet based platform/ mobile application.

GENERAL

NextG Derma Private Limited, a company incorporated under the provisions of the Companies Act 2013 and other applicable laws of India, having its registered address at 4TH FLOOR, 407, ExiIto Commercial Hub Jahangir Pura OLPAD Road, Nr. MILAN TOWNSHIP, Jahangir Pura Surat Gujarat 395005, India. ("Company", "we", "us", "our" or "NextG Derma") manages and operates a website/internet based platform located at the URL nextgderma.com (including sub-domains and microsites) and mobile application/s under the brand name 'NextG Derma' (collectively referred to as the "Website/s") where you can browse, access or use the Website and/or avail Services offered by us and/or transact on the Website ("User" or "Users" or "you" or "your").

Your access or use of the Website, transaction on the Website and/or use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Service"), including the applicable policies which are incorporated herein by way of reference. These Terms of Service constitutes a legal and binding contract between you (hereinafter referred to as "You"or "Your" or the "User") on one part and NextG Derma on the other Part.

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Service. Further, by impliedly or expressly accepting these Terms of Service, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Service. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

The Website is an internet - based platform that facilitates:

Online purchase of pharmaceutical and/or healthcare products sold by various Third Party Sellers;
Dispensation of health and wellness information but not medical advice to Users through our artificial intelligence facility (trained and untrained) and through other ways;
online advertisements of various sponsors advertising and marketing their own good and services;

Collectively referred to as "Services"

You agree and acknowledge that the Website is a platform that You and Third-Party Service Providers utilize to meet and interact with another for affecting transactions. NextG Derma is not and cannot be a party to or save as except as may be provided in these Terms of Service, control in any manner, any transaction between You and the Third Party Service Providers.

NextG Derma reserves the right to change or modify these Terms of Service or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to Your use of the Website.

As a condition to Your access or use of the Website, transaction on the Website and/or use of Services of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Service, You represent and warrant to NextG Derma that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Service.

Further, You agree and acknowledge that if You are accessing or using the Website, transacting on the Website and/or using the Services on behalf of any body corporate, we assume you are doing such an act with authorisation, as per applicable law, from such body corporate. We will have sole discretion with respect to affecting any transaction where such transaction has been affected on lack of such authorisation.

These Terms of Service is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

the Indian Contract Act, 1872 ("Contract Act");
the Information Technology Act, 2000 ("IT Act") and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 ("IG Guidelines");
the Drugs and Cosmetic Act, 1940 ("Drugs Act"), read with the Drugs and Cosmetics Rules, 1945 ("Drugs Rules");
the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drugs and Magic Act");
Pharmacy Act, 1948 ("Pharmacy Act"); and
the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

Compliance with these Terms of Service would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access, use and transact on the Website.

These Terms of Service constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

DEFINITIONS

"End – User" shall refer:

To a patient, his/her representatives or affiliates, searching for accessing/using/ availing Services through the Website; or
Customer browsing/searching/using/accessing the Website to purchase Products.

"Products" or "Product" shall refer Third Party Seller Products.

"Third Party Sellers" shall include the third party seller including distributors and/ or wholesalers and/or suppliers, pharmacies, dispensaries, importers, retailers, manufacturer and marketer and shall also include every Person who is selling their own products or Third Party Seller Products but in no circumstance include NextG Derma.

"Third Party Service Providers" shall include Third Party Sellers and Third Party Advertisers.

"User" or "User's" shall refer to the user of the Website and shall include End – Users and Third Party Sellers.

USE OF SERVICES AND THE WEBSITE

E-Commerce Platform to facilitate transaction of business:

Through the Website, NextG Derma facilitates the purchase and sale of pharmaceutical and/ or healthcare products, and services offered. You understand and agree that NextG Derma and the Website merely provide hosting, listing, browsing, visiting and accessing services to You. All Items offered for sale and/or all services offered on the Website by the Third Party Sellers ("Third Party Seller Products" and "Third Party Seller Products Services", respectively and collectively shall refer to "Third Party Seller Products and/or Services"), and the content made available by the Third Party Sellers, are third party user generated contents and third party products and/or services. NextG Derma has no control over such third party user generated contents and/or Third Party Seller Products and/or Services. Further, NextG Derma in no capacity owns and controls any of the Products being sold on the Website. The authenticity, genuineness and quality of the Third Party Seller Products and/or Services made available by the Third Party Sellers through the Website shall be the sole responsibility of the respective Third Party Sellers. You understand and agree that NextG Derma shall have no liability with respect to the authenticity or genuineness or quality of the Third Party Seller Products and/or Services being facilitated through the Website.

You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Third Party Seller Products and/ or Services which are offered by and agreed to between You and the Third Party Sellers and the contract for purchase of any of the Third Party Sellers Products and/or Services , which are offered for sale on the Website by the Third Party Sellers shall strictly be a bipartite contract between the Third Party Sellers and You.

The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Third Party Seller Products offered for sale by the Third Party Sellers, and after sales services related to such Third Party Seller Products are as provided by the Third Party Sellers/ Third Party Service Providers. NextG Derma does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Sellers and/or Third Part Service Providers.

Invitation to offer for sale

Notwithstanding anything else contained in any other part of these Terms of Service, the listing of pharmaceutical and/or healthcare products on the Website by the Third Party Sellers and/or by the Company is merely an 'invitation to an offer for sale' and not an 'offer for sale'. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Sellers and/or Company, as the case may be ("Offer to Purchase"). Post the Offer to Purchase, NextG Derma shall send an email to You with the information on the Offer to Purchase along with the details of the concerned Third Party Seller(s) and/or NextG Derma, as the case be, who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer to Purchase. The acceptance of the Offer to Purchase by Third Party Sellers (s) or NextG Derma only after the validation/ verification of the prescription by such party and the ascertainment of the available stock, by way of a confirmatory email shall be sent to You.

For the avoidance of any doubt, it is hereby clarified that any reference of the term 'offer/ offered for sale by the Third Party Seller', as appearing in these Terms of Service, shall be construed solely as an 'invitation to offer for sale' by any such Third Party Seller.

Representation as to legal title

NextG Derma does not make any representation or warranty as to legal title of the Products and/or Third Party Seller Products offered for sale by the Third Party Sellers on the Website.

At no time shall any right, title, claim or interest in the Third Party Seller Products sold through or displayed or listed on the Website vest with NextG Derma nor shall NextG Derma have any obligations or liabilities in respect of any transactions in relation to Third Party Seller Products on the Website. You agree and acknowledge that the ownership of the inventory of such Third Party Seller Products shall always vest with the Third Party Sellers, who are advertising and/or offering them for sale on the Website and are the ultimate sellers.

You agree and acknowledge that the Third Party Sellers shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Sellers do not have the sole and exclusive legal ownership over the Third Party Seller Products that have been offered for sale on the Website by such Third Party Sellers, or did not have the absolute right, title and authority to deal in and offer for sale such Third Party Seller Products on the Website.

Transfer of Property and Completion of Sale

Upon acceptance of the Offer to Purchase by the concerned Third Party Seller, the Third Party Seller Products would be dispensed by the Third Party Seller, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Seller, wherever required under the applicable law(s).

You agree and acknowledge that the property and title in the Third Party Seller Products ordered by You shall stand immediately transferred to You upon the dispensation of Third Party Seller Products and the raising of the invoice by and/or at the concerned Third Party Seller. Accordingly, the sale of Third Party Seller Product is concluded at the concerned third party pharmacy itself or wherever the product is being dispatched.

The invoice in relation to the Third Party Seller Products, that are required to be delivered to You shall be issued by the concerned Third Party Seller which is to process and satisfy the order for such Third Party Seller Product.

Delivery of Drugs

You agree to appoint an individual who shall act in the capacity of Your agent and collect the products as purchased/requested by You from the Website on Your behalf ("User Agent"), if in case You cannot accept the same. If you are not able to collect/receive the product being delivered as per your order, You accept and acknowledge that the User Agent shall be responsible to collect the product ordered by You from the Website.

You further agree and acknowledge that the User Agent acts as Your agent for collecting the products from the delivery agent. The services are being undertaken by User Agent with Your consent and therefore the Company shall not be responsible for any omission or negligence on part of the User Agent.

Non-Performance of Contract

You accept and acknowledge the following:

NextG Derma is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Sellers for purchase and sale of goods or services offered by such Third Party Sellers on the Website;
NextG Derma cannot and does not guarantee that the concerned Third Party Sellers will perform any transaction concluded on the Website;
The Third Party Seller(s) are solely responsible for ensuring that the Third Party Seller Products offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, NextG Derma is not responsible if the Third Party Seller(s) does not satisfy the contract for sale of Third Party Seller Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
NextG Derma shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Seller. In particular, NextG Derma does not implicitly or explicitly support or endorse the sale or purchase of any Third Party Seller Products on the Website. NextG Derma shall, on a request in writing made by You after the purchase of any Third Party Seller Products on the Website, provide You with information regarding the Third Party Seller from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Sellers for dispute resolution.

Exhibition of drugs and publication of Third Party Sellers Content on the Website

NextG Derma authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Service. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers' content ("Third Party Content") as well as in-house content provided by NextG Derma including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals ("NextG Derma Content") (collectively, with Third Party Content, referred to as "Content"). The NextG Derma Content is the property of NextG Derma and is protected under copyright, trademark and other applicable law(s). You shall not modify the NextG Derma Content or reproduce, display, publicly perform, distribute, or otherwise use the NextG Derma Content in any way for any public or commercial purpose or for personal gains.

You agree and acknowledge that the respective Third Party Service Providers are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Seller(s) on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

You acknowledge and agree that such Third Party Seller shall be solely responsible for ensuring that such Third Party Content made available regarding the Third Party Seller Products offered for sale on the Website, are not misleading and describe the actual condition of the Third Party Seller Products. In this connection, it is solely the responsibility of the concerned Third Party Seller (s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Third Party Seller Products so as to mislead the Users in any manner. You acknowledge and understand that NextG Derma provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that NextG Derma has not played any role in the ascertainment of the actual impact/ effect of any Third Party Seller Products being offered for sale by the Third Party Sellers on the Website. Further, it is hereby clarified that the Third Party Sellers are offering the Third Party Seller Products for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act and other applicable laws. You agree and acknowledge that You shall not hold NextG Derma responsible or liable for any damages arising out of such reliance on third party user generated content by You.

Dispensation of health and wellness information

NextG Derma may or may not offer on the Website services relating to dispensation of health and wellness information. This Service may include usage of artificial intelligence or a language/information model, having information about the medical, health and wellness information. You acknowledge and agree that the information dispensed or gained from such service shall not in any case or circumstance amount or equate to a medical advice provided by a medical expert/professional/ doctor and shall be only of informative nature. Further, NextG Derma shall in no case held liable by You or your representative authority with respect to reliance on such information.

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "User Information") that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.

NextG Derma is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information. On NextG Derma You can ask and find informational questions and related educational answers. The Website is not a place for the practice of medicine.

Advertisement Services

The website may or may not offer online advertisement facility displaying/ showcasing/advertising/marketing the goods and services of various sponsors/ advertisers/ Third Party Service Providers ("Third Party Advertisers"). Such advertisements along with advertisements placed by us ("NextG Derma Advertisements") shall be subject to terms and conditions provided in this Terms and Service. Furthermore, The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.

Advertising Guidelines for the Website

As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website ("Third Party Advertisements"). Accordingly, there are guidelines (as listed herein below) which the advertisers (Both Third Party and NextG Derma) have to follow for placing such advertisements. (the "Advertising Policy").

For the Users:

NextG Derma clearly distinguishes between the content and/or editorial content and/or advertisements that are created or provided by us and any of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement".

For all the advertisers:

The advertisements must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection.

General Rules:

All the advertisements must comply with the Advertising Policy, the terms of these Terms of Service and the Privacy Policy. NextG Derma may, at any time and without having to serve any prior notice to the Third Party Advertisers, upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and change the content of the Advertising Policy and/ or these Terms of Service and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Service and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. NextG Derma may also alter or remove any content from the Website without prior notice and without liability. The Third Party Advertisers are solely responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

Review:

All the advertisements are subject to the review and approval of NextG Derma. NextG Derma reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, NextG Derma also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

Prohibited Content:

The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
content depicting nudity, sexual behaviour, or obscene gestures;
content depicting drug use;
content depicting excessive violence, including the harming of animals;
shocking, sensational, or disrespectful content;
deceptive, false or misleading content, including deceptive claims, offers, or business practices;
content that directs users to phishing links, malware, or similarly harmful codes or sites; and
content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
content that violates any law for the time being in force.

Prohibited Advertisements:

Advertisements for the following products and services are prohibited:

adult products and services (other than contraceptives);
cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
products or services that bypass copyright protection, such as software or cable signal descramblers;
products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
illegal or recreational drugs or drug paraphernalia;
counterfeit, fake or bootleg products, or replicas or imitations of designer products;
firearms, weapons, ammunition, or accessories;
advertisements that promote particular securities or that provide or allege to provide insider tips;
any illegal conduct, product, or enterprise;
unapproved pharmaceuticals and supplements;
prescription drugs;
products that have been subject to any government or regulatory action or warning;
products with names that are confusingly similar to unapproved pharmaceuticals or supplements;
illegal products or services; and
dietary supplements containing prohibited ingredients.

Mobile Advertisements:

Mobile advertisements on the Website must not interfere with any mobile or computer functionality or with the consumption of content on the respective mobile phone. Mobile advertisements must have clearly identifiable and easily accessible close or skip mechanisms. Mobile advertisements must not cause consumer confusion or disrupt the mobile user experience, for example by using disruptive animation, erroneous end-cards, imitation of a system or application alert or warning message of any mobile operating system, or imitation of any mobile phone or mobile application features or functions, including but not limited to notifications, application or call permissions, and update dialogues, etc.

Landing Pages:

Landing pages must comply with the Advertising Policy as well as these Terms of Service including the Privacy Policy. Landing pages must have a prominent and clearly visible close option and should match the promotional message.

Disclaimer:

The advertisements published on the Website are created by Third Party Advertisers. NextG Derma is only acting as a conduit in making such advertisement available to the Users.

NextG Derma is not responsible in any manner whatsoever for the content of the advertisements created by the Third Party Advertisers and disclaims all warranties regarding the same.

NextG Derma may charge advertising fee or a portion of the advertisement fee from, and/ or may enter into a revenue sharing agreement with, a Third Party Advertiser for facilitating the provision of the advertorial service on the Website. However, We do not recommend or endorse the products and services of any of the Third-Party Advertisers or such other third parties.

In the event You engage with any Third Party Advertiser for availing any product or service being advertised on the Website, You agree that NextG Derma shall not be liable in any manner for (i) any transactions that you may engage with any of the Third Party Advertisers (ii) the quality or suitability of the product or service that is being advertised or (iii) any loss or damage You may suffer in such a transaction.

Online Payment Facility

The Website allows You to use payment gateway facility of authorised third-party payment gateway service providers ("Payment Processor") for the purposes of paying the costs associated with the Products and/or Services being made available to you through the Website.

You agree and acknowledge that the Payment Processor shall be solely responsible for resolving disputes relating to payment and/or processing or handling of payment refunds between You and such Payment Processor, and that NextG Derma shall not be liable and shall not be bound to take any action with respect to any such dispute.

Such payment gateway facility may be subjected to independent terms of service of the Payment Processor, which shall be disclosed to You before the processing of any payment by the respective Payment Processor, and You agree to be bound by such terms of service.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

We alone (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the original content hosted on the Website. We and our suppliers reserve all rights not expressly granted in these Terms of Service.

You understand and agree that by using, accessing and/or visiting the Website or Services, You are agreeing to the below mentioned:

to the Terms of Service, Privacy Policy and other terms as published on the Website, and the same may be updated by Us from time to time.
to give Us all legal rights, consent and permission for the collection, usage and processing of Your personal data as per the Privacy Policy.
that You shall not, in any event use "Meta tags" or any other automated device, program, robot, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content or any such information in any way to circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
that You shall not, in any event attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server used by NextG Derma, or to any of the services offered on or through the Website by any illegitimate means (such as hacking, password mining etc.).
that You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.
that You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer or client of NextG Derma, including any Account not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
that You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about NextG Derma or the brand name or domain name used by NextG Derma or otherwise engage in any conduct or action that might tarnish the image or reputation, of NextG Derma on Website, any platform or otherwise cause any third-party to refrain from dealing with NextG Derma.
that You shall not, in any event attempt to access, exploit, manipulate the server of the Website or gain unauthorized access to the Website or any computer system, server, router, or any other device connected to the Website, including (by attempting to hack, brute force attack) the access or credit card passwords of other Users of the Website or perform a DoS attack on the Website. Further, You also agree not to disassemble, decompile, reverse engineer or modify, or attempt any of these actions on source code, binary code, software and/or any other element or component of the Website.
that You shall not, in any event forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
that You shall not, in any event use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of NextG Derma or others.
that You shall not, in any event use the Website to abuse, harass, threaten, intimidate or otherwise violate the legal rights of others.
that You shall not, in any event transmit any sexually explicit content on the Website or engage in any form of sexual misconduct.
that You shall not, in any event upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
that You shall not, in any event violate any applicable central and state enactments, local laws, rules, regulations, and any international treaties and regulations, in relation to Your use of Services and Website; and
that You shall not, in any event use the Website in any manner that could disable, overburden, damage, or impair the working of the Website, or interfere with any other use of the Website, including their ability to engage in real time activities through the Website.
that You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer or client of NextG Derma, including any Account not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
that You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about NextG Derma or the brand name or domain name used by NextG Derma or otherwise engage in any conduct or action that might tarnish the image or reputation, of NextG Derma on Website, any platform or otherwise cause any third-party to refrain from dealing with NextG Derma.
that You shall not, in any event attempt to access, exploit, manipulate the server of the Website or gain unauthorized access to the Website or any computer system, server, router, or any other device connected to the Website, including (by attempting to hack, brute force attack) the access or credit card passwords of other Users of the Website or perform a DoS attack on the Website. Further, You also agree not to disassemble, decompile, reverse engineer or modify, or attempt any of these actions on source code, binary code, software and/or any other element or component of the Website.
that You shall not, in any event forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
that You shall not, in any event use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of NextG Derma or others.
that You shall not, in any event use the Website to abuse, harass, threaten, intimidate or otherwise violate the legal rights of others.
that You shall not, in any event transmit any sexually explicit content on the Website or engage in any form of sexual misconduct.
that You shall not, in any event upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
that You shall not, in any event violate any applicable central and state enactments, local laws, rules, regulations, and any international treaties and regulations, in relation to Your use of Services and Website; and
that You shall not, in any event use the Website in any manner that could disable, overburden, damage, or impair the working of the Website, or interfere with any other use of the Website, including their ability to engage in real time activities through the Website.

LIMITED RIGHTS TO ACCESS AND/OR USE NEXTG DERMA OWNED CONTENT AND TRADEMARKS

We grant to You, only to the extent necessary to access, use and avail the Services, for personal use and such grant of license shall be worldwide, non-exclusive, non-sublicensable, royalty-free, to access and use the Website, in accordance with the terms of these Terms of Service. The Services and the Website shall only be used for the purposes provided in these Terms of Service and You may not:

license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any derivative works of the Website (or any components of the Website).
reverse engineer or make derivative works of the Website.
use automated systems (e.g. robots, spiders) to scrape any NextG Derma Content from the Website;
cache or store any NextG Derma Content other than for a reasonable period of time;
use any meta tags or any other "hidden text" utilizing any of the NextG Derma Content;
utilize framing, or "framing techniques" to enclose any trademark, logo, or other NextG Derma Content (including images, text, page layout, or form);
commercialize any of the NextG Derma Content or use any of them for any purpose on any other website or in a networked computer environment for any purpose; and/ or
use the Website in any way that violates applicable local, central and state laws and regulations.

Except for the limited license provided in these Terms of Service, nothing contained in the Website shall be construed as granting, by implication, estoppel, or otherwise, any right, title, interest in or to the Trademark, Logo, NextG Derma Content, the Website or any intellectual property rights contained therein.

INDEMNIFICATION

You shall indemnify, defend and hold harmless NextG Derma, its affiliates, parent companies, subsidiaries, co-branders, suppliers, dealers, licensors, as well as each of their officers, directors, shareholders, employees, representatives, contractors, agents and licensors, attorneys, and each of their respective successors and assigns from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees and costs, arising from, related to, or in connection with:

Your access to, use or misuse of the Website and/or Services.
Any claims, losses, or damages related to your reliance on any NextG Derma Content or any information received from the Website.
Any transaction You conduct as a result of the contact facilitated by the Website.
Your breach of any of the provisions of these Terms of Service.
Your violation of any central and state laws, rules, regulations, local laws and treaties and any international laws, rules, regulations, local laws and treaties.
The infringement by You, or any third party accessing the Website using Your Account, of any intellectual property or other right of any person or entity; or
Any action You take that disrupts or impedes access to or the functionality of any aspect of the Website or Services.

We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

LIMITATION OF LIABILITY

We shall have no liability whatsoever for Your use of any Content (including but not limited to Third Party Content) or otherwise in connection with the Website, or for any direct, indirect, special, exemplary, incidental, punitive or consequential damages (including loss of use, data, business or profits, corruption of data, business interruption or similar losses), whether based on breach of contract, breach of warranty, tort (including negligence), or any other cause of action, whether or not We have been advised of the possibility of such damages.

Further, We shall not be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. You further acknowledge that NextG Derma shall not be responsible for any damages to user's computer system or loss of data that results from the download of any Content, materials and information from the Website.

You agree and acknowledge that, in case NextG Derma is unable to provide the Services for reasons not within its reasonable control, including but not limited to natural calamities and/or rioting and civil disturbances, or any other force majeure reasons, NextG Derma shall not have any responsibility and liability for any delay or failure to perform to the extent that such delay or failure is caused by events beyond the reasonable control of NextG Derma, including but not limited to acts of God, act of terrorism, fires, floods, power outages, bomb threats, epidemics, quarantine restrictions, war, riots, rebellions, insurrections, pandemics, civil commotion, earthquake, explosion, embargo, and similar events.

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of India and Courts at [Relevant City] shall have exclusive jurisdiction over all proceedings arising out of these Terms of Service. However, in the event that You are a consumer as defined under The Consumer Protection Act, 2019, then You may initiate legal proceedings in the jurisdiction where You resides or works.

TERMINATION AND SUSPENSION

We may terminate or suspend Your Account, or any part of it, immediately, without prior notice if You have materially breached these Terms of Service or the Privacy Policy, or any other policy published by Us, including any supplemental policies or terms added to a Service or a part of a Service from time to time, as applicable, or if We believe that Your actions may legally harm NextG Derma, Website, the NextG Derma Content, Third-Party Content or other Users.

DISPUTE RESOLUTION

Please contact our Grievance Officer on the following contact details:

Email: hello@nextgderma.com Contact No: +91 9408358493 Office Address: 4TH FLOOR, 407, ExiIto Commercial Hub Jahangir Pura OLPAD Road, Nr. MILAN TOWNSHIP, Jahangir Pura Surat Gujarat 395005

We will make good faith efforts to resolve any disagreement, dispute, controversy or claim arising out of or relating to these Terms of Service, use of Our Website, and/or Privacy Policy, ("Dispute") You may have with Us following receipt of a written notice from You ("Dispute Notice"). If We cannot amicably resolve the Dispute within 30 (thirty) days of receipt of the Dispute Notice, We shall be free to take such action as we deem appropriate, subject to applicable law.

COMMUNICATION AND NOTICES

When You use the Website, or send emails to NextG Derma, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on the Website or by calling or sending messages through SMS to the phone numbers made available by You to Us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically whether by email, posting notice on the Website or any other mode satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS

Entire Agreement

These Terms of Service, along with the Privacy Policy, constitute the entire agreement between You and NextG Derma, and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral, between You and NextG Derma.

Severability

In the event any provision of these Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such provision shall be deemed to be severed from the remainder of these Terms of Service and shall not cause the invalidity or unenforceability of the remainder of these Terms of Service. In that event, such provisions shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law.

Amendments

We reserve the right, at Our sole discretion, to update, modify or replace these Terms of Service by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms of Service.

Assignment

You shall not assign these Terms of Service, in whole or in part, or any of Your rights or obligations under these Terms of Service, without prior written consent from NextG Derma.

Force Majeure

NextG Derma shall not be liable for any delays, failures or non-performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate by You, acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

Waiver

The failure of NextG Derma to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Waiver of any such right or provision shall not be deemed a waiver of any other right or provision of these Terms of Service.

Headings

Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Language

This Terms of Service are executed and delivered in the English language only.