Terms of Service
Last Updated: November 5, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and LANTERN PHARMACEUTICALS PRIVATE LIMITED, trading as "Cosmosheer Clinical" ("Company", "we", "us", or "our"), concerning your access to and use of the cosmosheerclinical.com website and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you do not have permission to access the Services.
Important: Please read these Terms carefully before using our Services. These Terms contain provisions that limit our liability and require arbitration of disputes.
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you meet this age requirement.
2.2 Professional Users
If you are a dermatologist or healthcare professional:
- You must be duly licensed and registered in India
- You must provide accurate professional credentials
- You are responsible for maintaining the confidentiality of your account
- You must comply with all applicable medical and pharmaceutical regulations
2.3 Account Responsibilities
You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
3. Nature of Services
3.1 B2B2C Platform
Cosmosheer Clinical operates as a B2B2C (Business-to-Business-to-Consumer) platform:
- We provide professional-grade dermaceutical products primarily to dermatologists and clinics (B2B)
- We facilitate consultations and product recommendations for end consumers through dermatologists (B2C)
- We do not directly conduct medical consultations or prescribe treatments
3.2 Product Information
Product descriptions, formulations, and information provided on our platform:
- Are for informational purposes only
- Do not constitute medical advice
- Are subject to change without prior notice
- May vary based on batch and manufacturing updates
3.3 Protocol Builder & Tools
Our interactive tools (Protocol Builder, Product Comparison) provide automated recommendations based on information you provide. These are educational tools only and do not replace professional medical advice. Always consult a qualified dermatologist before starting any treatment.
4. Ordering and Pricing
4.1 Quote-Based System
Our platform operates on a quote-request basis:
- Displayed prices (MRP) are indicative only
- Final pricing depends on order quantity, delivery location, and applicable discounts
- Quotes are valid for 7 days from the date of issuance
- We reserve the right to modify prices without prior notice
4.2 Order Acceptance
Receipt of your order request does not constitute acceptance. We reserve the right to:
- Accept or decline any order at our sole discretion
- Request additional information before processing
- Limit order quantities
- Refuse service to any customer
4.3 Payment Terms
Payment terms will be communicated in your order confirmation. Payment must be received before shipment unless credit terms have been pre-approved for B2B customers.
5. Prohibited Uses
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit harmful code, viruses, or malicious software
- Attempt unauthorized access to our systems or data
- Scrape, copy, or download content without permission
- Impersonate any person or entity
- Submit false or misleading information
- Resell products without authorization
- Use products for purposes other than intended clinical use
- Interfere with the proper functioning of the Services
- Engage in any fraudulent or deceptive practices
6. Intellectual Property Rights
6.1 Our Content
All content on the Services, including but not limited to:
- Text, graphics, logos, images, and product formulations
- Software, source code, and algorithms
- Trademarks, service marks, and trade names
- Product designs and packaging
are owned by LANTERN PHARMACEUTICALS PRIVATE LIMITED or our licensors and are protected by Indian and international copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to:
- Access and use the Services for personal or professional use
- View and download content for informational purposes only
This license does not permit you to reproduce, distribute, modify, or create derivative works without our express written permission.
6.3 Trademarks
"Cosmosheer Clinical", "Cosmosheer", and associated logos are trademarks of LANTERN PHARMACEUTICALS PRIVATE LIMITED. Use of these marks without permission is prohibited.
7. Product Disclaimers and Medical Advice
IMPORTANT MEDICAL DISCLAIMER:
7.1 Not Medical Advice
The information provided on our Services:
- Is for educational and informational purposes only
- Does not constitute medical advice, diagnosis, or treatment
- Should not be used as a substitute for professional medical consultation
- Is not intended to diagnose, treat, cure, or prevent any disease
7.2 Professional Use Products
Our products are professional-grade formulations intended for:
- Use by or under supervision of qualified dermatologists
- Clinical settings with appropriate medical protocols
- Patients who have received proper consultation and patch testing
7.3 Individual Results May Vary
Product efficacy, treatment outcomes, and timelines mentioned are based on clinical studies and may vary by individual. Results depend on multiple factors including skin type, condition severity, adherence to protocol, and other individual characteristics.
7.4 Adverse Reactions
If you experience any adverse reactions, irritation, or unexpected effects from any product, discontinue use immediately and consult a healthcare professional.
8. Limitation of Liability
IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
8.1 No Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability or fitness for a particular purpose
- Warranties regarding accuracy, reliability, or completeness of content
- Warranties that the Services will be uninterrupted or error-free
8.2 Limitation of Damages
IN NO EVENT SHALL LANTERN PHARMACEUTICALS PRIVATE LIMITED, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Personal injury or property damage
- Medical complications or adverse reactions
ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 Maximum Liability
Our total liability to you for all claims arising from your use of the Services shall not exceed the amount you paid us (if any) in the twelve (12) months preceding the claim, or ₹10,000, whichever is less.
9. Indemnification
You agree to indemnify, defend, and hold harmless LANTERN PHARMACEUTICALS PRIVATE LIMITED, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your use of our products without professional supervision
- Any content you submit or transmit through the Services
10. Dispute Resolution and Governing Law
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
10.2 Jurisdiction
Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
10.3 Arbitration
For disputes exceeding ₹5,00,000, you agree to first attempt resolution through binding arbitration under the Arbitration and Conciliation Act, 1996:
- Arbitration shall be conducted in Delhi, India
- The language of arbitration shall be English
- Each party shall bear its own costs
- The arbitrator's decision shall be final and binding
11. Termination
11.1 By You
You may terminate your account at any time by contacting us at hello@cosmosheerclinical.com
11.2 By Us
We may suspend or terminate your access to the Services immediately, without prior notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of amounts owed
- Any reason at our sole discretion
11.3 Effect of Termination
Upon termination:
- Your right to use the Services ceases immediately
- Pending orders may be cancelled at our discretion
- Provisions regarding liability, indemnification, and disputes survive termination
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting with an updated "Last Updated" date. Material changes will be communicated via:
- Email to registered users
- Prominent notice on the website
Continued use of the Services after changes constitutes acceptance of the modified Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Services, constitute the entire agreement between you and LANTERN PHARMACEUTICALS PRIVATE LIMITED regarding your use of the Services.
15. Contact Information
For questions, concerns, or notices regarding these Terms, please contact:
BY USING COSMOSHEER CLINICAL'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you do not agree to these Terms, you must not access or use the Services.
