PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE

1. WHO WE ARE

Our website ‘www.scalpecare.com’ is operated and owned by Glenmark Pharmaceuticals Limited, registered in India under the Companies Act, 1956, bearing corporate identification number L24299MH1977PLC019982 with registered office at 2B-2 Mahalaxmi Chambers, 22 Bhulabhai Desai Road, Mahalaxmi, Mumbai 400026 and corporate office at Glenmark House, HDO-Corporate Building, Wing-A, B.D.Sawant Marg, Chakala, Andheri(E) Mumbai 400099 (“Glenmark”, or “We” or “Our” or “Us” or “Company”).

These Terms constitute a legal and binding contract between Glenmark and You (hereinafter referred to as “You” or “Your” or the “User(s)”).

The Site is owned and maintained by Glenmark along with its third-party website developer. Our Site is a platform that facilitates information on products of Glenmark only. Further, the Site also provides directions to use for Glenmark’s products to User(s). These services would be made available to natural persons who have agreed to use the Site.

Your access to and use of Our Site are subject to the following terms and conditions (“Terms”), including the applicable policies which are incorporated herein by way of reference and all applicable laws.

3. WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms or any policy or guideline of the Site, at any time and at Our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Site. Your continued use of the Site 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 Site.

4. WE MAY MAKE CHANGES TO OUR SITES

We may update and change Our Site from time to time to reflect changes to Our products, Our Users’ needs and Our business priorities. Equally, the material on Our Site may become outdated, and We make no commitment to update such material.

5. PRODUCTS MENTIONED ON THE SITE AND USING THE SITE

a) You agree and acknowledge that:

1. All information, products and services displayed on the Site, do not constitute an offer to sell.
2. You shall not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of Glenmark, is grossly racial, harmful, sexual, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever. Further, You shall not interfere with any other person’s use or enjoyment of the Site or breach any applicable law.

6. DESCRIPTION OF THE PRODUCT ON THE SITES

a) The product pictures are indicative and may not match the actual product. Glenmark has made every effort to display the colours of the products that appear on the Site as accurately as possible. However, as the actual colours You will see depend on Your monitor, Glenmark cannot guarantee that Your monitor’s display of colour will be accurate.

b) Glenmark reserves the right to correct, change or update the information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the product.

c) Glenmark intends to provide You with general information about Glenmark’s products. The information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or responsibility for the accuracy, completeness, appropriateness or usefulness of the information. For any specific medical conditions or issues, You are advised to seek opinion from a registered medical practitioner. In the event You rely solely on the information provided by Glenmark, You do so at Your own risk. Under no circumstances will Glenmark be liable for the information or the consequences or relying upon on such information.

7. RECOMMENDATION OF THE PRODUCT ON THE SITES

Any recommendation made to You on the Site during the course of Your use of the Site is purely for informational purposes and for Your convenience and does not amount to endorsement of the product by Glenmark or any of its holding, subsidiary, associates, agents in any manner.

8. USE OF OUR PRODUCTS

a) The products available on the Site, that Glenmark may inform to You, are for Your personal use only.

b) All products listed on the Site contain product specifications, product claims (wherever applicable) including details of the ingredients used in manufacturing the product. The instructions for usage of products are provided on the packaging of the product and are also available/displayed on the Site. You should carefully peruse the specifications/instructions/ingredients provided against each product on the Site. In addition to the same, You should only use the product for Yourself by adhering to the usage guidelines, storage directions, recommended usage/dosage, ingredient details, and other information related to the product as provided on the Site. If You are/may be allergic to any of the ingredients used in a product, You should not use the said product. Please note that We disclaim any liability arising due to improper or negligent use of the product.

9. INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE

a) The content on Our Site is provided for general information only. SUCH INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE. If You have questions about a particular medical condition, treatment or pharmaceutical or cosmetic product with respect to Your personal situation, please consult Your personal physician or other suitably qualified healthcare professional.

b) Although We make reasonable efforts to update the information on Our Site and ensure their accuracy and completeness, We make no representations, warranties or guarantees, whether express or implied, that the content on Our sites is accurate, complete or up to date.

10. CERTAIN USES OF THE SITE ARE PROHIBITED

You may not link to any content on the Site of another website, social media account or otherwise. We do not control websites that may link to the Site, and We are not responsible for the content of such other websites or pages. Your visiting any other website or social media pages is at Your own risk.

11. Complaints

You agree to indemnify, save, and hold Us, Our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the Site, violation by You of any of the terms, or any breach of the representations, warranties, and covenants made by You herein. We reserve Our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to co-operate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this agreement.

12. OWNERSHIP AND PROPRIETARY RIGHTS

a) We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on them. The intellectual property includes all trademarks, trade names, domain names, logos, service marks, patented inventions, and all content (whether or not registered under copyright) displayed on Our Site (collectively the “IP”). Nothing contained on the Site grants, expressly or implicitly, any licence or right to use any IP without the written permission of Glenmark or such third party that may own the IP.

b) All rights, including copyright, in the Site are owned or controlled for these purposes by Glenmark. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Site for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.

c) All materials published on the Site, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by Our copyrights or trademarks. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part.

d) All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Site belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocably confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Site under license or rights or affiliation with the said person, entity or third party

e) You may download material displayed on Our Site for Your own non-commercial, personal use, provided You do not remove or obscure Our copyright and other legal notices. You may not, however, distribute, modify, transmit, reuse, re-post, copy, publish, license or use the content of the Site, including the text, images, audio, and video, for business or commercial purposes or any purpose other than Your personal, informational use without Our prior consent. We intend to enforce Our IP rights to the fullest extent of the law.

13. LIMITATION OF LIABILITY

a) We do not warrant that the Site will be free from errors or omissions

b) Your use of Our Site is at Your own risk. Neither We nor any other party involved in creating, hosting or maintaining the Site shall be liable to the fullest extent allowed by law for any direct, indirect, incidental, consequential, or punitive damages arising out Your access to (or inability to access), or use of (or inability to use), the Site or their contents. Without limiting the foregoing, the Site is provided to You “AS IS,” WITHOUT CONDITIONS, WARRANTIES OR REPRESENTATIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE.

c) We will not be liable for any damage to Your computer equipment or other property on account of Your access to or use of the Site or Your downloading of any materials, data, text, images, video or audio from the Site. We do not warrant that Our Site or the server are free from viruses or other harmful components. You are responsible for configuring Your information technology, computer programmes and platform to access Our Site. You should use Your own virus protection software.

13. REPRESENTATIONS AND WARRANTIES

a) We make no representations regarding the use of or the result of the use/depiction of the contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Glenmark shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the content on this Site.

b) You acknowledge that this Site is provided only on the basis set out in the Terms. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

c) Glenmark shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Glenmark does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

d) Glenmark through the Site intends to provide its users with general information about beauty and healthcare topics and products. The postings on the Site or on social networking sites, including the Facebook page, or any information provided over chat or e-mails exchanged with Glenmark, its employees or representatives (collectively referred to as "Information ") which are in furtherance of any communication made by the User with Glenmark, its employees or representatives is based on the background provided by the User. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While Glenmark takes reasonable care to ensure that the Information is accurate, Glenmark makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, Users are advised to seek opinion from a registered medical practitioner. In the event any User relies on the Information provided by Glenmark or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Glenmark, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

e) For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them

14. TERMINATION

a) You agree that We, in Our sole discretion, for any or no reason, may suspend or terminate Your access to the Site, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

15. WAIVER

Any waiver either by You and/or Us of any breach of, or failure to comply with or failure to enforce at any time, any of the provisions of these Terms shall not be construed as or constitute a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of these Terms, nor shall it in any way affect the validity of these Terms or any part thereof or the right of any party thereafter to enforce each and every provision of these Terms.

16. FORCE MAJEURE

We shall not be liable to the user for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the services any technical or other problems affecting any operation of the services (a "Force Majeure Event").

17. GOVERNING LAWS AND DISPUTES REDRESSAL

a) The Terms and the policies shall be construed in accordance with the applicable laws of India. Subject to arbitration as described below, the Courts at Mumbai shall have exclusive jurisdiction.

b) Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator appointed by High Court of Bombay as per the provisions of The Arbitration and Conciliation Act, 1996 and the arbitrator’s decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with The Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.

c) Without any prejudice to the clause above, Glenmark shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

18. COMMUNICATIONS FROM YOU

a) We are under no obligation to respond to any messages posted to Our Site. You must not contravene any laws when posting any information to the Site. We reserve the right, at Our sole discretion, to remove any communications or materials from the Site that We consider unacceptable for whatever reason.

b) Any communications to Us through the Site or otherwise, including any questions, comments, suggestions, ideas or information, will be treated by Us as non-confidential and non-proprietary. Anything You transmit may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting and shall be treated as subject to a grant of a worldwide, perpetual, non-exclusive, royalty free, irrevocable and transferable licence. Furthermore, We are free to use any ideas, concepts, know-how, or techniques You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques

c) ADVERSE EVENTS
If You experience an unexpected or negative reaction that You think might be related to Our products, it is important that You contact Us so that We can investigate the incident in more detail.

For any adverse events suffered please contact us at globalcustomerservice@glenmarkpharma.com or call us at 18002666255 (Toll Free for India) or 022-4018-9999 from 9:00AM to 6:00PM IST (Monday to Friday) without delay.

19. USER OBLIGATIONS

a) You are prohibited from violating or attempting to violate the security of the Site, including, without limiting the foregoing, You agree that You will not use the Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
2. infringes any patent, trademark, copyright or other proprietary rights;
3. contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its websites, any software or hardware, or telecommunications equipment;
4. advertises or offers to sell any goods or services for any commercial purpose;
5. is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain.

b) Glenmark is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Glenmark on this Site.

20. GENERAL

a) These Terms are the entire agreement between Us and You with respect to Your use of the Site. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable under law, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, such terms shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

b) Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation.

21. CONTACT US

If You would like to get in touch with Us in relation to these Terms, please visit the “Contact Us” section on the Site that You are visiting or if related to privacy matters please contact dpo@glenmarkpharma.com