1. Definitions

In these Terms and Conditions, “We,” “Us,” “Our,” and “Company” refer to Dear Wellbeing LLP, operating under the brand name Dearist. “Visitor” and “User” denote individuals who access or use our website.

2. Acceptance of Terms

By accessing or using www.thedearist.com (the “Website”), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you should discontinue use of the Website immediately. We reserve the right to amend these Terms and Conditions at any time by posting the revised terms on this page. It is your responsibility to review this page periodically for any updates. Continued use of the Website following the posting of changes constitutes acceptance of those changes.

3. Eligibility

The Website is intended for use only by individuals who have reached the age of majority and are legally capable of entering into binding contracts under applicable law. If you are underage, you may only use the Website under the supervision of a guardian, parent, or legal guardian who agrees to be bound by these Terms and Conditions. The Website is not available to individuals whose registration has been suspended or terminated by us for any reason.

4. Use of Content

All content on this Website, including but not limited to logos, trademarks, and other intellectual property, is owned by or licensed to us. Reproduction, modification, display, or distribution of any content from this Website for commercial purposes is prohibited without our express written consent. Unauthorized use of the Website’s content is strictly prohibited.

5. Health and Wellness Disclaimers

Our Website, including content from blogs, and workshops, is intended for general informational purposes only. We are not responsible for any adverse reactions or health issues resulting from the use of our content. You should consult with a qualified healthcare provider or dermatologist before making any health or wellness decisions based on our content. Any reliance you place on such information is strictly at your own risk.

6. Private Consultation

Meher Jadwani, the founder of Dearist, is a Certified Health Coach, Certified Organic Skincare Formulator, and Clinical Cosmetologist. While Meher Jadwani uses her expertise and best judgement to provide personalised advice in the areas of beauty, nutrition, and hormones, she cannot guarantee specific outcomes or assume responsibility for any adverse reactions or health issues resulting from personal consultations.

It is important to understand that the information and recommendations provided during consultations are based on the best knowledge and professional judgement available but are not a substitute for professional medical advice. You should consult with a licensed healthcare provider, dermatologist, or other qualified professionals for any medical or health concerns before acting on any advice provided during a consultation.

By booking an appointment with us, you acknowledge and agree that you assume full responsibility for your health and well-being. You confirm that you are aware of the potential risks and limitations of the advice provided and agree not to hold Meher Jadhwani or Dear Wellbeing LLP liable for any adverse effects or outcomes that may arise from the consultation.

7. Acceptable Use

(A) Security Rules

Users are prohibited from engaging in or attempting to engage in any activity that compromises the Website’s security, including but not limited to:

1. Accessing data not intended for the user or logging into unauthorised accounts.
2. Attempting to probe, scan, or test vulnerabilities without authorization.
3. Interfering with service through methods such as deploying viruses or overloading systems.
4. Sending unsolicited communications, including advertisements.

Violations may result in civil or criminal liability. We reserve the right to investigate and involve law enforcement authorities if necessary.

(B) General Rules

Users must not use the Website to:

1. Transmit or store materials that could constitute a criminal offence or violate applicable laws.
2. Infringe upon intellectual property rights or privacy rights.
3. Post content that is defamatory, obscene, threatening, or otherwise inappropriate.

8. Liability

To the fullest extent permitted by law, Dear Wellbeing LLP shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use or inability to use the Website, including, without limitation, damages for loss of profits or data, even if we have been advised of the possibility of such damages. We are not liable for interruptions or suspensions of service, whether justified or not.

9. Shipping and Delivery

Products purchased through the Website will be delivered via standard courier services within India. Delivery times are estimates and may be affected by factors such as weather, flight delays, or other unforeseen events. We do not offer cash on delivery (“COD”). We disclaim responsibility for delays or damages resulting from late delivery.

Refer to our ‘Shipping Policy’ page for further details.

10. Cancellations, Refunds, and Returns

For information regarding cancellations, refunds, and returns, please refer to our ‘Returns and Refund Policy’ page.

11. Disclaimer of Consequential Damages

Dear Wellbeing LLP and its affiliates shall not be liable for any incidental or consequential damages arising from the use or inability to use the Website, regardless of the legal theory, even if advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Dear Wellbeing LLP, its affiliates, and their respective officers, directors, employees, agents, and successors (“Indemnified Parties”) from and against any claims, liabilities, damages, losses, costs, and expenses, including attorneys’ fees, arising out of:

1. Your use or misuse of the Website.
2. Any breach of these Terms and Conditions.
3. Any violation of applicable laws or regulations, infringement of intellectual property rights, non-payment of statutory dues, libel, defamation, or violation of privacy rights.

This indemnity obligation will survive the termination of your relationship with Dear Wellbeing LLP.

13. Limitation of Liability

The aggregate liability of Dear Wellbeing LLP, if any, established by a court of competent jurisdiction, shall not exceed the amount refunded to you for purchases related to the claim. We shall not be liable, under any circumstances, for any indirect, special, consequential, or incidental losses or damages, including but not limited to opportunity loss, loss of profit, loss of reputation, or business opportunities.

References to third-party names, marks, products, or services are provided solely for convenience and do not imply endorsement or recommendation by Dear Wellbeing LLP. We are

not responsible for the content or accuracy of third-party sites. Use of such third-party links is at your own risk.

Dear Wellbeing LLP and its representatives shall not be liable for:

1. The use or inability to use the Website.
2. Any content posted or transmitted by users.
3. Unauthorised access to or alteration of your transmissions or sensitive personal information.

14. Termination

These Terms and Conditions will remain in effect unless terminated by either you or Dear Wellbeing LLP. You may terminate your relationship with us by contacting us at admin@thedearist.com. However, personal information may remain stored in our archives even after account termination. We are not responsible for data stored with third-party service providers.

Termination requires discontinuation of Website use. Continued use post-termination will result in a legally binding relationship between you and Dear Wellbeing LLP. We reserve the right to terminate your access to the Website at any time, with or without cause, and without prior notice, and such termination will be without liability to Dear Wellbeing LLP.

Upon termination, you must destroy all downloaded content and copies of intellectual property. Our right to use and display comments or reviews you posted will survive termination.

Termination does not relieve you of the obligation to pay for products ordered before termination or affect any liability incurred prior to termination.

15. Intellectual Property

Unless expressly stated otherwise, all intellectual property rights in relation to the Website’s content, including but not limited to copyrights, trademarks, trade names, service marks, designs, know-how, trade secrets, and other media, are owned by or licensed to Dear Wellbeing LLP.

Access to the Website does not grant any licence to use our intellectual property. Unauthorised use, including modification, distribution, or commercial use, is prohibited.

We grant a limited permission to access and make personal use of the Website, but not to download, modify, or use the content for commercial purposes without express written consent. Unauthorised commercial exploitation, framing, or use of meta tags is prohibited.

All software used on the Website is the property of Dear Wellbeing LLP or its licensees and is protected by copyright laws. The compilation of intellectual property on the Website is exclusive to Dear Wellbeing LLP and is protected by copyright laws.

Intellectual property identifying Dear Wellbeing LLP or its products must not be used in any manner likely to cause confusion or to disparage the Company.

16. Governing Laws and Forum for Disputes 

Subject to the Dispute Resolution section above, You agree that any claim or dispute you may have against DEAR WELLBEING LLP, must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.