Terms

June 27, 2016

TERMS AND CONDITIONS OF USE

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Summary

  • You must be 18 years or older to use this site.
  • SkinHelpDesk.com web site does not constitute an attempt to practice medicine.
  • Content on this website are intended solely for the general information of the reader. It is not to be used for treatment purposes, but rather for discussion with the patient’s own physician.
  • Avoid entering/uploading personally identifiable material.
  • Your electronic sharing of your images on LesionMapper constitutes permission for reprinting by all users of the application without restriction.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions constitute an agreement between you and SkinHelpDesk. (“SkinHelpDesk”, “SkinHelpDesk.com”, “we”, “our” or “us”), the operators, owners, employees and licensors of SkinHelpDesk.com (the “Site”).

The data contained in the SkinHelpDesk.com Web Site, including the text, images, and graphics, are for informational purposes only.  Use of the Web site is not intended to be a substitute for professional medical judgment.

THE WEB SITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT.  THIS WEBSITE IS NOT INTENDED FOR USE IN PERFORMING A MEDICAL DEVICE FUNCTION FOR DIAGNOSIS OF DISEASES OR OTHER CONDITIONS, OR THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE.

Consumers may grant their medical providers access to their Case chart.  By using this site, you acknowledge and agree that (i) such access is for convenience only, (ii) SkinHelpDesk.com is NOT an electronic medical record service, and (iii) the websites and related apps will not serve in any way as a database for the medical provider’s medical records.

These terms and conditions govern your use of this website both as a casual visitor and as a registered user; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

You agree to be financially responsible for your use of the and to abide by any revenue laws which apply in your Country, City or State.  You agree to be financially responsible for your use of your account by others (whether authorized or unauthorized) and to comply with your responsibilities and obligations under these Terms and Conditions of Use.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of SkinHelpDesk.com’s privacy policy.

License to use website

Unless otherwise stated, SkinHelpDesk.com and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for any purpose;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SkinHelpDesk.com’s express written consent.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. SkinHelpDesk reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision. You may not post content that:

  • is false or intentionally misleading;
  • is personally identifiable.
  • harasses or advocates harassment of another person;
  • violates the intellectual property or other rights of any person;
  • is threatening, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

Restricted access

Access to certain areas of this website is restricted.  SkinHelpDesk.com reserves the right to restrict access to areas of this website, or indeed this entire website, at SkinHelpDesk.com’s discretion.

Registration

As part of the registration process, you need to provide a screen name and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others.

Your Personal Information

You are advised not to disclose any personally identifiable information on this site including but not limited to your name, email, contact details, personally identifiable images, audio or video. The SkinHelpDesk Privacy Policy explains the information practices that apply to this site. Please review it carefully.

If SkinHelpDesk.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

SkinHelpDesk.com may disable your user ID and password in SkinHelpDesk.com’s sole discretion without notice or explanation.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

SkinHelpDesk.com is an Internet-based health information and communication website and service owned and operated by an individual.  The contents of the SkinHelpDesk.com website and any information provided as a result of SkinHelpDesk.com consumer-to-website or website -to-consumer interactions, such as text, graphics, images, information obtained from SkinHelpDesk.com, licensors, sponsors and advertisers, and any other material contained on or obtained through the SkinHelpDesk.com website or otherwise provided to consumers (“Content”) are for informational purposes only.  The Content is not intended to be, nor is it a substitute for, professional medical advice, diagnosis, treatment or care, nor is any physician-patient relationship formed by the exchange of information through use of the Site.  Always seek the advice of a physician or other qualified healthcare provide with any questions you may have regarding skin or medical conditions.  Never disregard professional medical advice or delay in seeking treatment for yourself or others because of something you have read on this Site or received from the SkinHelpDesk.com as a result of an on-line interaction with SkinHelpDesk.com.  No “medical” or “health record” will be created by this site with respect to information you submit to the Site and your information will not be deemed to be “protected health information” under any applicable law.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You are advised not to disclose any personally identifiable information on this site. You will post or upload media only of skin, mucosa, hair and nails.  Posting or uploading media which identifies patients or individuals (including other people appearing in or contained in media you submit) is strictly prohibited and you agree that such submission is non-confidential for all purposes.  You may not post skin photos of minor children.

You understand that many factors may affect the accurate identification of what is on a skin photograph, including the quality of the photograph and the accuracy and completeness of any information that is provided.

You grant to SkinHelpDesk.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to SkinHelpDesk.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SkinHelpDesk.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SkinHelpDesk.com reserves the right to edit or remove any material submitted to this website, or stored on SkinHelpDesk.com’s servers, or hosted or published upon this website.

Notwithstanding SkinHelpDesk.com’s rights under these terms and conditions in relation to user content, SkinHelpDesk.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

SkinHelpDesk.com may provide links to third-party websites. SkinHelpDesk.com does not recommend and does not endorse the content of any third-party websites.  SkinHelpDesk.com is not responsible for the content of linked third-party sites, sites framed within the SkinHelpDesk.com website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.
SkinHelpDesk.com does not endorse any provider, therapy, test, procedure, product, service, opinion, treatment or anything else provided or/through the SkinHelpDesk.com website.  Your use of third-party websites or their products is at your own risk, and is subject to the terms and conditions of use stated within those websites.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  SkinHelpDesk.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, SkinHelpDesk.com does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Limitation of Liability

SKINHELPDESK.COM IS NOT LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, PERSONAL INJURY OR WRONGFUL DEATH, WHICH MAY OR DOES RESULT FROM  THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON OR MADE AVAILABLE THROUGH THIS SITE (INCLUDING BUT NOT LIMITED TO SKINHELPDESK.COM ONLINE SERVICE), OR THE INFORMATION, SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SKINHELPDESK.COM TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON OR MADE AVAILABLE THROUGH THIS SITE, OR THE INFORMATION, SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE FEES IF ANY YOU PAID TO SKINHELPDESK.COM. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT OR SERVICES OF SKINHELPDESK.COM MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED, OR YOU AGREE THAT YOUR ACTION WILL BE FOREVER BARRED.  REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE.  NO REMEDY OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE IS AVAILABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABILITY IN, AND CONNECTION WITH, BASED UPON OR ARISING FROM THIS SITE, THE SITE MATERIALS ON OR MADE AVAILABLE THROUGH THIS SITE OR INFORMATION, SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH.   TO THE EXTENT THAT MATERIALS ON THIS SITE RELATE TO MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE AND REWARD TO THE USERS, AND AS A STARTING POINT FOR RESEARCH.  NOTHING ON THIS SITE CONSTITUTES THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK GUIDANCE AND ADVICE CONCERNING THESE MATTERS FROM A REAL LICENSED PROFESSIONAL.

Additional terms for the use of LesionMapper application available at http://skinhelpdesk.com/lesionmap.php and http://skinhelpdesk.com

The user obligations set forth in this section are in addition to, and do not in any way limit, any other user obligations set forth in these Terms and Conditions of Use.

Your electronic sharing of your images constitutes permission for reprinting by the recipient. In addition, by sharing your images, you grant other Users of LesionMapper(TM) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, excerpt (in whole or in part) and distribute your images for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such images, and to grant and authorize sublicenses of the foregoing. This license will not expire upon your removal of the content from the Site or Service. LesionMapper will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

While LesionMapper is not responsible for, and does not review or comment on the content of Submissions provided by LesionMapper users, LesionMapper reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that LesionMapper deems necessary relating to use or misuse of the Service.

We recommend you keep backup copies of your Submissions on your hard drive or other personal system. The Service is not intended as a guaranteed backup solution.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SkinHelpDesk.com’s liability in respect of any:

fraud or fraudulent misrepresentation on the part of SkinHelpDesk.com; or
matter which it would be illegal or unlawful for SkinHelpDesk.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect SkinHelpDesk.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SkinHelpDesk.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

By entering and using the SkinHelpDesk.com website, you agree to indemnify, defend, protect and hold harmless SkinHelpDesk.com and its affiliates and subsidiaries and its and their officers, directors, employees, contractors, agents, Advisory Board members, attorneys and other advisors, telecommunication providers, successors and assigns from and against all lawsuits, actions, claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney fees, costs and litigation expenses), relating to, in connection with or arising from (i) your use of this Site, any content, information or any services or products obtained through this Site, (ii) your submission of information, including personal and medical information, photos, to the Site, (iii) any arrangements you make based on information obtained on or through or by virtue of using this Site, (iv) your fraud, violation of law or misconduct, or (v) any breach by you (or any other person accessing the Site or information through your account) of these Terms and Conditions of Use.  The foregoing includes your use and actions as well as use by or actions of others on or through your account, whether authorized or unauthorized.

Breaches of these terms and conditions

Without prejudice to SkinHelpDesk.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SkinHelpDesk.com may take such action as SkinHelpDesk.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

SkinHelpDesk.com may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

SkinHelpDesk.com may transfer, sub-contract or otherwise deal with SkinHelpDesk.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and SkinHelpDesk.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Indian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Kerala, India.

SkinHelpDesk.com contact details

Address:
SkinHelpDesk.com
AestheticHoliday
Building No: 741/13
PO Thazhekkad
Thrissur Dist
Kerala – 680697
INDIA

You can contact SkinHelpDesk.com by email to info@skinhelpdesk.com

Last Updated on December 5, 2014.