Term &

Introduction

• These terms of service (“Terms”) govern the use of or access to an internal based portal available at https://evokehair.com/ on a computer device or a mobile device (“Website”) the “Evoke” mobile application (“App”) and the Products and Services (defined below). The Website and App are collectively referred to as the “Platform”.
• These Terms include any rules, guidelines, policies, additional terms or disclaimers made available or issued by us from time to time, and such rules, guidelines, policies, additional terms or disclaimers shall be deemed to be incorporated into and considered as part and parcel of these Terms.
• These Terms constitute a binding and enforceable legal contract between FOLLIFUSION HEALTH PRIVATE LIMITED with its corporate address at 2nd Floor B- 2/2138 Vasant Kunj Road, Vasant Kunj, New Delhi, Delhi - 110070 and registered address at (“Evoke”, “we”, “us” or “our”) and you, an end-user of our Services or Products (“you”). You represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms and (ii) are of the age of majority or older in accordance with Indian law.
• By browsing, accessing or using the Platform, or using/availing the Services or purchasing the Products, you agree that you have read, understood and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all or any of these Terms or comply with the requirements herein, please do not access or use the Platform, purchase the Products or use the Services. Use of the Platform is offered to you subject to acceptance of all the terms, conditions and notices contained in these Terms, including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by us at our sole discretion and posted on the Platform including by way of imposing an additional charge for access to or use of a service(s).
• The Platform is operated and Services and Products are offered in compliance with the laws in India. If you access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. We make no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any user who uses or accesses the Platform from outside the Republic of India do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit. Where you use any third-party website or the products or services of any third party, you may be subject to alternative or additional terms and conditions of use and privacy policies.
• We reserve the right to change or modify these Terms or any policy or guideline of the Platform, including the Privacy Policy, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform, 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 within such timelines as may be specified under the applicable laws. Your continued use of the Platform or Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of the Platform or the Services.

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2. OUR SERVICES AND PRODUCTS

• Services: The Platform allows you to access and purchase the Services, connect with hair treatment experts through chat features or calls, undertake paid consultations with medical practitioners, undertake and obtain hair health assessments, receive diagnoses/feedback, get access to certain medical practitioners prescribed Treatments, get Product recommendations, avail customized plans, receive free trials of the Platform, track your hair progress, and any other services as may be made available by us on the Platform from time to time (all the services described here including the provision of the Platform and its features collectively constitute the “Services”).
• Drugs Delivery: The Products shall be delivered by us or independent contractors. You accept and acknowledge that the courier/ delivery personnel engaged by us shall be your agent for the delivery of the Products to the address notified by you, with no control over the Products and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as your agent. The services are being undertaken by your agent with your consent and therefore we are merely facilitating this and will have no liability or responsibility in this regard.

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Terms for Online/Tele Consultation:

• We facilitate provision of healthcare products and services to the users. The words “medical practitioner” or “doctor” or “registered medical practitioner” or similar words on the Platform shall mean any registered medical practitioner (Zenoti) with whom the user has a doctor-patient relationship. Any consultation services availed through the Platform are fulfilled by third party Zenoti. These third party Zenoti are not related to us but merely provide their services to you with your consent.
• We hereby explicitly state that we do not provide any kind of telemedical consultation to the users/You. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information, and other materials that is provided to you on the Platform should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by you directly from the doctor.
• You agree and acknowledge that the third party Zenoti are independent contractors whose services are being availed by you upon your explicit consent and hence we in no event shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to your engagement with such third party Zenoti. Your reliance on such third party Zenoti is solely your responsibility and at your sole discretion and we assume no responsibility and/or liability in relation to your consultation/communication with such third party Zenoti, including but not limited to the quality of services offered by such third party Zenoti, which shall at all times be at your sole risk and responsibility. In the event of any non-compliance or malpractice by any such third party Zenoti, you affirm that you will bring to our immediate attention any such incidence for us to take necessary actions required under applicable laws and raise it with the third-party service providers. Further, you affirm that You shall not take any action against us for any acts (or omission) of the Zenoti.
• It is your responsibility for ensuring that the information submitted is accurate and we shall not make any effort to validate any information provided by you for using the Services. The opinions, statements, consultation via digital mode provided by the third party Zenoti shall not reflect our opinions, our affiliates, etc. We make no warranty that the Services will meet Your requirements or that the Service will be uninterrupted, timely, secure or error free. This includes loss of data or any service interruption caused by our employees. Evoke is not responsible for transmission errors and corruption of data.

• NO DOCTOR-PATIENT RELATIONSHIP: Evoke does not replace your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
• You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively “Information”) that is provided to you on the Platform or while availing Services (including Information provided in direct response to your questions or postings or communications/discussions with hair coaches) may be provided by individuals in the medical health and wellness 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 Platform should be used for information purposes only.
• The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore we strongly discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Platform. Should you decide to rely on any Information made available by us, you do so solely at your own risk.
• The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the medical practitioners through the Platform are solely the individual and independent opinions and statements of such medical practitioners and do not reflect the opinions of Evoke, its affiliates.
• The exchanges between the medical practitioners or the hair coaches and the users through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Evoke for the purposes of monitoring the quality of the consultation and for providing the Products and Services.

Additional Terms

Due to certain exigencies and/or factors beyond the control of the Company, the calls pre-scheduled for the user may be rescheduled or postponed by us or the medical practitioners. Communication in relation to such rescheduling or postponement will be sent by us to the user, wherever possible. The users are required to adhere to the prescription/instructions received in the Customized Plan in relation to the dosage, duration, and/or mode of consumption (“Essential Directions”). However, in a rare situation where a user feels that different directions/instructions have been provided in relation to the Essential Directions, the user should immediately escalate the issue along with the relevant details to : Email Address: contact@evokehair.com, or at Mobile Number: +91 9870588044.

3. ELIGIBILITY OF USE

• Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Platform. The Products shall also not be available to any users suspended or removed from our system for any reason whatsoever. If you do not conform to the above qualification, you will not be permitted to put a requisition for the Products or the Services through the Platform.
• By accessing and using the Platform or availing the Services, you represent that you are an Indian national, located in India, are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services, through your legal guardian in accordance with the applicable laws. We reserve the right to cancel your account and / or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years. We reserve the right to refuse access to use the Services to new users or to terminate access granted to existing users at any time without according any reasons for doing so and you shall have no right to object to the same.
• You shall not have more than one active Account (defined below). Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. ACCOUNT CREATION

• To use certain features of the Platform or avail the Services or purchase the Products you will have to register with us and create an account (“Account”).
• You are solely responsible for (i) maintaining the confidentiality of your Account and password and for restricting access to your device; (ii) for all activities that occur under your Account or password. You agree to immediately notify Evoke of any disclosure or unauthorised use of your Account or any other breach of security; (iii) non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (iv) ensure that you exit / log out from your Account at the end of each session. We are not liable for any loss or damages that may arise from your failure to ensure the confidentiality of your account or password.
• You warrant that all information furnished in connection with your Account is and shall remain complete, up to date, accurate and true in all respect and agrees that you shall promptly update your details on the Platform in the event of any change or modification.
• You will be responsible for maintaining the confidentiality of the Account and information thereto and are fully responsible for all activities that occur under your Account. The transaction and delivery of the Products or availing the Services may also be subject to procedures for use of the Platform, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
• We cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 4. You may be held liable for losses incurred by us or any other user of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential or otherwise. The Platform also allows / shall allow restricted access to the Platform for unregistered Users. Use of another user's Account for availing the Services or Products is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform by you.
• You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Platform. We will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/Account details for using the Platform.

Payment Terms

• Accuracy: Subject to applicable laws, prices are subject to change by us without notice to you. We strive to provide accurate product and price information; however, pricing errors may occur from time to time.
• Full Price: Unless otherwise stated at the time of checkout, you agree to pay the full price of the Product and/or the Services. Offers and discounts will be offered at our sole discretion. We reserve the right to refuse or cancel applications of offers and discounts for your order.
• Wrong Pricing: We cannot confirm the price of the Product and/or the Service until you place an order. If a Product/Service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product/Service, unless the Product/Service has already been delivered. In the event that an item is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information page on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may vary between the time you place it in your shopping cart and the time you place the order. The price as applicable at the time of placing order shall be final.
• Returns/Cancellation: Your eligibility for returns/cancellation will be in accordance with our Returns, Refund and Cancellation Policy.
• Taxes: The prices/fee are exclusive of applicable taxes. These shall be added to your invoice at billing as applicable. Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We shall in no way be responsible for any of the taxes except for our own taxes.
• Shipping or any other additional charges: In case of Shipping of any products or any other additional charges (if applicable) are automatically added to your invoice as per standard rates and shall be displayed on the Bill.

7. Further:

• All commercial terms such as price, services and/or Products, are as per principal-to-principal bipartite contractual obligations between you and Evoke.
• Refund shall be subject to user complying with these Terms.
• We reserve the right to refuse to process orders/requisitions from users with a prior history of questionable charges including without limitation breach of any agreements by user with us or breach of any policy.
• You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s) by you. You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
• Security Measures- The payment made for every transaction is done through API integration. Moreover, you may also check our Privacy Policy to understand how we use the confidential information provided by you.
• Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving us.
• Payment Processor: In order to process the payments for your opted services, we may require details of your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and we are not responsible for any loss or damage caused to you/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond our control. We use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
• Money Back guarantee: The user may check the detailed terms and conditions and the eligibility criteria at Evoke Hair Health.