TERMS OF SERVICE

The Berkowits Platform is a digital environment through which Berkowits may provide access to:

• Berkowits-branded and other authorised products;
• hair-care, skin-care and related personal-care products;
• supplements and nutraceutical products;
• tools and devices;
• hair replacement products and related offerings, where made available;
• information relating to Berkowits' clinic, consultation and treatment services;
• consultation and enquiry facilities;
• GROW™ Program;
• AI-powered and other digital tools, including hair visualisation experiences;
• educational, informational and other content; and
• other features or services that Berkowits may introduce from time to time.

Certain products, services, features or digital experiences may be governed by additional or separate terms and policies.

All purchases made through the Berkowits online storefront are contracted with:

BERKOWITS HAIR AND SKIN CLINIC (INDIA) PRIVATE LIMITED

Principal place of business:

AAA House, 64, 2nd Floor, Okhla Phase 3 Road, Okhla Industrial Estate, New Delhi – 110020, India.

Unless expressly stated otherwise, references to Berkowits in these Terms mean the above legal entity.

You must provide accurate, complete and current information when using the Platform, creating an account, placing an order or submitting an enquiry.

Persons below 18 years of age may use the Platform only with the involvement and consent of a parent or legal guardian where required.

Certain products, services or clinical programmes may have additional age, prescription, medical or other eligibility requirements. Customers and, where applicable, their parents or legal guardians are responsible for complying with such requirements.

Berkowits may restrict or refuse access to particular products, services or Platform functionality where reasonably necessary for safety, legal, regulatory, security or operational reasons.

Certain Platform functionality and purchases require customer authentication and an account.

You are responsible for providing accurate account information and for maintaining the security of access credentials, authentication methods and one-time passwords associated with your account.

You must not:

• provide false or misleading account information;
• impersonate another person;
• use another person's account without authorisation;
• attempt to circumvent authentication or security controls; or
• use the Platform for fraudulent, unlawful or abusive purposes.

Berkowits may suspend or restrict an account where reasonably necessary to investigate suspected fraud, abuse, unauthorised access or other violations of these Terms.

Berkowits makes reasonable efforts to ensure that product names, descriptions, images, prices, availability, ingredients, specifications and other information displayed on the Platform are accurate and current.

However, minor variations may occur, including variations in packaging, labelling, colour, appearance or other presentation, particularly where manufacturers update packaging or where product imagery is illustrative.

Product information should be read together with the applicable product packaging, instructions, warnings and other information supplied with the product.

Nothing in these Terms prevents Berkowits from correcting genuine typographical, technical, catalogue, inventory or pricing errors.

Berkowits may provide information regarding products based on product specifications, manufacturer information, Berkowits' formulation and clinical experience, internal product evaluation, customer experience and other relevant sources.

Where product pages refer to clinical experience, testing, efficacy or other performance-related information, such statements relate to the particular product and context in which they are presented and should not be interpreted as a guarantee of an identical outcome for every customer.

Individual results may vary based on factors including individual physiology, genetics, existing conditions, product usage, treatment adherence, lifestyle and other factors.

Information available on the Platform is not a substitute for professional medical advice, diagnosis or treatment.

Where a product requires medical supervision, prescription or other professional guidance, it must be used in accordance with applicable instructions and professional advice.

Certain products available through the Platform may be subject to prescription, medical or other regulatory requirements.

At present, Grow Minox 5% (Minoxidil 5%) is treated as a prescription-based product by Berkowits.

Where applicable, customers may request a prescription or medical review through Berkowits after purchase, subject to applicable clinical and regulatory requirements.

The availability of a product on the Platform does not constitute a medical recommendation that the product is suitable for every customer.

Customers are responsible for using prescription or regulated products only in accordance with applicable instructions and appropriate medical advice.

Berkowits may decline, restrict, cancel or modify an order where fulfilment would not be appropriate or permissible under applicable law or regulatory requirements.

Prices, offers, promotions, inventory and product availability may change from time to time.

Unless otherwise stated, prices displayed on the Platform are the applicable customer-facing prices for the relevant product and may include or exclude charges as separately indicated at checkout.

Berkowits may:

• correct pricing or catalogue errors;
• discontinue products;
• change or withdraw promotions;
• limit quantities;
• restrict promotional codes;
• correct inventory inaccuracies; or
• restrict availability of particular products or offers.

Where an obvious or material error affects an order, Berkowits may cancel the affected order or item and, where payment has already been received, process the applicable refund.

Promotions and discounts may be subject to additional terms displayed with the relevant offer.

When you place an order, you are making a request to purchase the selected products at the applicable price and on the terms presented at checkout.

An automated order acknowledgement, payment acknowledgement or other electronic communication confirming receipt of your order does not by itself constitute acceptance of the order by Berkowits.

An order becomes accepted when Berkowits confirms acceptance or proceeds with fulfilment, subject to these Terms and applicable policies.

Berkowits may decline or cancel an order for legitimate reasons, including:

• product unavailability;
• pricing or catalogue errors;
• payment failure or payment verification issues;
• suspected fraud or abuse;
• incomplete, inaccurate or unverifiable customer information;
• inability to deliver to the provided address;
• regulatory or product eligibility requirements;
• inability to reasonably verify certain high-value or risk-sensitive orders;
• suspected unauthorised resale or commercial redistribution; or
• other legitimate operational or legal reasons.

Where an order is cancelled after payment has been received, the applicable amount will be refunded in accordance with the Refund Policy.

For certain orders, Berkowits may contact the customer through phone, email, WhatsApp or another reasonable communication channel to verify customer, delivery or order information before fulfilment.

This may apply particularly to higher-value Cash on Delivery orders or orders where the information provided appears incomplete, inconsistent or otherwise requires verification.

If Berkowits is unable to reasonably verify an order within the applicable verification period, including where the customer cannot be reached, Berkowits may cancel the order.

This verification process is intended to protect customers and Berkowits against fraudulent, spam, duplicate or otherwise non-genuine orders.

Cash on Delivery ("COD") may be offered for eligible orders and locations.

COD availability may be subject to product, location, order value, customer history, delivery serviceability and other operational conditions.

Certain COD orders may require additional confirmation before dispatch.

Berkowits may restrict or disable COD for particular orders or customers where reasonably necessary to prevent fraud, repeated delivery refusal, misuse or other abuse.

COD-related operational charges, where applicable, will be displayed separately at the relevant stage of the purchase journey and do not form part of these Terms.

Payments may be processed through third-party payment service providers and other authorised payment infrastructure.

You agree to provide accurate payment and billing information and authorise the applicable payment provider to process the transaction.

Berkowits does not ordinarily receive or store complete payment-card credentials where such information is processed directly by the relevant payment provider.

An order may be placed on hold, cancelled or otherwise restricted where payment is unsuccessful, reversed, disputed, suspected to be fraudulent or cannot be reasonably verified.

Berkowits currently provides product delivery only to serviceable addresses within India.

Delivery estimates are indicative and may vary based on:

• destination;
• product availability;
• order processing;
• courier capacity;
• weather;
• public holidays;
• regulatory restrictions;
• logistics disruptions; or
• circumstances outside Berkowits' reasonable control.

Dispatch and delivery are separate stages. A dispatch notification does not guarantee delivery on a particular date.

Customers are responsible for providing an accurate and complete delivery address and contact information and for being reasonably available to receive the shipment.

Detailed delivery conditions are provided in the Shipping Policy.

Customers may request cancellation of an order before dispatch, subject to the applicable Cancellation Policy and fulfilment status.

Once an order has entered certain stages of fulfilment, cancellation may no longer be possible.

Berkowits may cancel an order where permitted under these Terms, including for:

• product unavailability;
• payment or verification issues;
• inaccurate or incomplete information;
• suspected fraud or misuse;
• unsuccessful verification of an applicable COD order;
• regulatory or product eligibility reasons;
• pricing or catalogue errors; or
• other legitimate operational or legal reasons.

Where a paid order is cancelled by Berkowits, any applicable refund will be processed in accordance with the Refund Policy.

Returns and replacements are governed by Berkowits' Return & Replacement Policy, which forms part of these Terms.

Unless otherwise stated in an applicable category-specific policy, eligible return or replacement requests must be raised within 24 hours of delivery, based on the courier delivery timestamp.

Eligible cases may include:

• damaged products;
• incorrect products; or
• verified manufacturing defects.

For eligible damage, leakage, defect or incorrect-product claims, Berkowits may require an unboxing video and clear photographs or other evidence showing the condition of the package and product.

Products must generally remain unused and retain their applicable original packaging, labels and seals.

All return and replacement requests are subject to verification and approval.

Where a return is approved, Berkowits may arrange reverse pickup where serviceable or provide alternative return instructions.

Detailed eligibility conditions, category-specific exclusions and return procedures are governed by the Return & Replacement Policy.

Where a refund is approved, Berkowits will ordinarily initiate the refund to the original payment method used for the transaction.

Berkowits intends to initiate approved refunds within 7–10 business days from the relevant approval point, unless a different timeline is required under an applicable policy or law.

The time taken for the refunded amount to appear in the customer's account may depend on the relevant payment provider, bank or financial institution.

Refunds do not affect any rights or remedies available to consumers under applicable law.

Detailed refund procedures are governed by the Refund Policy.

The Platform may contain information relating to Berkowits' clinics, consultations, treatments, procedures and other healthcare or aesthetic services.

Submitting an enquiry, callback request, lead form or consultation request does not by itself constitute confirmation of an appointment, treatment, procedure or service.

Availability and suitability of any clinical service may depend on location, appointment availability, professional assessment, medical history and other factors.

Clinical recommendations and treatment decisions are made through appropriate professional assessment.

Information published on the Platform regarding clinical services is intended for general informational purposes and does not itself constitute a medical diagnosis or treatment prescription.

Treatment-specific consent forms, clinical documentation and service-specific terms may apply separately to particular procedures or services.

The GROW™ Program is a separate programme involving AI-assisted hair/scalp assessment, questionnaire-based information, personalised recommendations and doctor-guided support.

The GROW™ Program is governed by the separate GROW™ Program Terms & Conditions, which are incorporated into these Terms by reference.

For matters specifically relating to the GROW™ Program, the GROW™ Program Terms & Conditions will prevail over these Terms to the extent of any inconsistency.

GROW™ assessments and AI-generated outputs are intended to provide indicative information and guidance and are not a medical diagnosis or a substitute for consultation with a qualified healthcare professional.

The GROW™ Program does not guarantee a particular treatment outcome, hair-growth level, recovery percentage or treatment timeline.

Users must provide accurate and complete information, including relevant health information and contraindications, where requested.

Berkowits may provide AI-powered tools, including hair analysis, visualisation, recommendation or simulation experiences.

AI outputs may contain inaccuracies, omissions or limitations and should be treated as indicative rather than definitive.

AI outputs must not be relied upon as:

• a medical diagnosis;
• a prescription;
• a guarantee of treatment outcome;
• a guarantee of suitability of a particular product or treatment; or
• a substitute for consultation with an appropriately qualified professional.

AI Hair Generator

The AI Hair Generator is intended primarily for visualisation and exploration of hairstyles, hair appearance and potential hair-replacement aesthetics.

Generated images are illustrative and may not accurately represent the appearance, fit, density, colour, texture or final result of any actual hairstyle, hair replacement product or hair system.

Users must only upload images that they are authorised to use.

Berkowits may use third-party technology providers to process images submitted through AI tools.

Subject to the applicable Privacy Policy and technical architecture, images submitted to the AI Hair Generator are processed for generation and are not intended to be persistently stored by Berkowits after the relevant generation process.

Where the Platform permits users to submit reviews, feedback, photographs, videos, comments or other content ("User Content"), users must not submit content that is:

• false, misleading or fraudulent;
• unlawful;
• defamatory;
• abusive, threatening or obscene;
• infringing of another person's rights;
• malicious or technically harmful; or
• unrelated to the relevant product, service or experience.

Berkowits may moderate, reject, remove or restrict User Content where reasonably necessary to comply with law, protect users, maintain platform integrity or enforce these Terms.

Reviews displayed through third-party review services may be subject to the policies and functionality of those services.

Submitting User Content does not transfer ownership of the underlying intellectual property to Berkowits unless separately agreed.

Where Berkowits wishes to use customer testimonials, photographs, videos or other identifiable customer material for marketing or promotional purposes, appropriate permissions or consent may be obtained separately where required.

All intellectual property rights in or relating to the Platform and Berkowits-owned materials, including the Berkowits name, trademarks, logos, product names, text, graphics, photographs, videos, audio, educational content, product descriptions, website design, interfaces, software, databases, compilations and other proprietary materials, are owned by Berkowits, its affiliates or its licensors, as applicable.

Nothing in these Terms grants you ownership of Berkowits' intellectual property.

Subject to these Terms, Berkowits grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Platform for lawful personal purposes.

You must not, without prior written permission:

• reproduce substantial portions of Berkowits-owned content;
• commercially exploit Platform content;
• redistribute or republish proprietary materials;
• reverse engineer or attempt to extract source code where prohibited by law;
• remove proprietary notices; or
• use Berkowits' trademarks or branding in a manner that suggests unauthorised affiliation or endorsement.

Third-party materials remain subject to the rights and licences applicable to those materials.

You must not use the Platform to:

• commit or facilitate fraud;
• place false or spam orders;
• circumvent security controls;
• interfere with Platform functionality;
• use automated means to scrape or abuse the Platform without permission;
• exploit promotional offers through fraudulent or abusive means;
• submit misleading information;
• engage in unauthorised resale or commercial redistribution; or
• violate applicable law.

Berkowits may take reasonable measures to prevent or investigate suspected misuse, including cancelling orders, restricting account functionality or restricting particular payment methods.

Certain Platform functionality may depend on third-party technology, service providers or infrastructure, including authentication, checkout, payment processing, logistics, reviews, analytics, hosting, communications and AI processing services.

Berkowits may rely on such providers to deliver particular Platform functionality.

The availability or performance of a feature may therefore depend on the relevant third party.

Third-party services may also be subject to their own terms, privacy policies and conditions.

The Platform may contain links to third-party websites, applications, social media platforms, app stores or other external destinations.

These may include social platforms, mobile application stores and other third-party services.

Berkowits does not control and is not responsible for the content, availability, security, policies or practices of third-party destinations.

Your use of a third-party service is governed by the terms and policies of that third party.

Berkowits may send transactional communications relating to your account, orders, payments, delivery, returns, refunds, support requests and other services you have requested.

Subject to applicable law and your preferences, Berkowits may also send marketing communications relating to products, services, offers, recommendations, events or other Berkowits activities through channels such as email, SMS, telephone, WhatsApp or other communication channels.

Marketing communications may be subject to applicable consent and opt-out mechanisms.

You may continue to receive essential transactional or service-related communications even if you opt out of marketing communications.

Further information is available in the Privacy Policy and applicable consent notices.

Berkowits collects and processes personal information in accordance with its Privacy Policy, which forms part of these Terms.

The Privacy Policy describes the categories of personal information collected, purposes of processing, third-party processors, retention practices and applicable user rights.

Certain Platform features, including GROW™ and AI-powered tools, may involve processing of images, scalp-related information, health-related information or other potentially sensitive personal information.

Such processing is subject to the applicable Privacy Policy, consent notices and programme-specific terms.

Where applicable, Berkowits may use authorised third-party processors to provide technical, clinical, analytical, communication, payment or other services.

Different digital experiences may involve different data-retention periods.

GROW™ assessment information and related images may be retained for the period specified in the applicable Privacy Policy and GROW™ Terms, subject to applicable legal or clinical record-keeping requirements.

The AI Hair Generator is designed as a temporary visualisation experience and does not involve intended persistent storage of uploaded images by Berkowits after generation, subject to the applicable technical architecture and third-party processing arrangements.

The Privacy Policy should be consulted for the current retention, deletion and third-party processing framework.

Berkowits aims to maintain the availability and functionality of the Platform but does not guarantee that the Platform will always be uninterrupted, error-free, secure or available.

Berkowits may temporarily suspend, modify, restrict or discontinue parts of the Platform for reasons including:

• maintenance;
• security;
• technical upgrades;
• infrastructure changes;
• service-provider issues;
• legal or regulatory requirements; or
• other legitimate operational reasons.

Where reasonably practicable, Berkowits may provide notice of significant planned interruptions.

To the extent permitted by applicable law, the Platform and its informational content are provided on an "as available" basis.

Berkowits does not guarantee that every piece of Platform content will always be complete, current or error-free.

Product-specific warranties, if any, will be governed by the applicable product documentation or warranty terms.

Nothing in these Terms excludes or limits any consumer rights, statutory warranties, product-liability rights or other rights that cannot lawfully be excluded or limited.

Berkowits does not guarantee that a product, treatment, service, AI output or clinical recommendation will produce a particular individual outcome.

To the maximum extent permitted by applicable law, Berkowits will not be liable for indirect, incidental, special or consequential losses arising from your use of the Platform or from circumstances outside Berkowits' reasonable control.

This does not exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law, including applicable consumer protection, product-liability, fraud, wilful misconduct or other mandatory legal requirements.

Nothing in these Terms limits your statutory rights as a consumer.

Specific limitations relating to clinical services, GROW™ or AI tools may be contained in the applicable programme or service-specific terms.

Berkowits will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, government restrictions, public emergencies, labour disruptions, logistics disruptions, telecommunications or internet failures, payment-system failures, third-party platform outages, cyber incidents, or other comparable events.

Where reasonably possible, Berkowits will take commercially reasonable steps to minimise the impact of such events.

Berkowits may cancel, restrict or refuse orders or account functionality where there are reasonable grounds to suspect:

• fraud;
• payment abuse;
• false or unverifiable customer information;
• repeated COD refusal or delivery abuse;
• promotional or coupon abuse;
• automated or spam ordering;
• unauthorised resale;
• deliberate misuse of return/replacement processes; or
• other material abuse of the Platform.

Where an order is cancelled after payment has been received, applicable refunds will be processed in accordance with the Refund Policy and applicable law.

Berkowits may update these Terms from time to time to reflect changes in:

• products or services;
• Platform functionality;
• operational processes;
• legal or regulatory requirements;
• security requirements; or
• business practices.

Updated Terms will become effective when published on the Platform, unless a later effective date is specified.

Changes will generally apply prospectively and will not alter completed transactions retrospectively, except where required or permitted by applicable law.

Your continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

The following policies and programme-specific terms form part of the contractual framework governing use of the Platform and applicable transactions:

• Privacy Policy;
• Shipping Policy;
• Cancellation Policy;
• Return & Replacement Policy;
• Refund Policy;
• GROW™ Program Terms & Conditions; and
• any other product-, service- or programme-specific terms expressly incorporated into the relevant transaction.

Where a specific policy or programme-specific term applies to a particular transaction or service, that specific policy or term will prevail over these Terms only to the extent of any inconsistency relating to that transaction or service.

For GROW™-specific matters, the GROW™ Program Terms & Conditions will prevail.

The Privacy Policy governs the processing of personal data and will prevail over these Terms to the extent of any inconsistency concerning data processing or privacy rights.

These Terms are governed by and construed in accordance with the laws of India.

Subject to any mandatory consumer-protection rights or jurisdiction available under applicable law, disputes arising from these Terms or your use of the Platform will be subject to the jurisdiction of the courts in New Delhi, India.

Nothing in this clause prevents a consumer from exercising any statutory right to approach a competent consumer forum, authority or other legally available dispute-resolution mechanism.

For e-commerce grievances, complaints, return/refund issues, Platform concerns or other customer-support matters, you may contact:

Email: inquiry@berkowits.in

Customer Care: +91 9999 6666 99

Address:

Berkowits will process and respond to grievances in accordance with applicable law and its applicable grievance-redressal process.

Where required by applicable law, Berkowits will provide or maintain the required grievance-officer details and complaint-tracking mechanism.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force and effect.

Failure by Berkowits to enforce any provision of these Terms will not constitute a waiver of its right to enforce that provision or any other provision later.

These Terms, together with the policies and specific terms expressly incorporated into them, constitute the applicable agreement between you and Berkowits concerning your use of the Platform and relevant transactions, subject to any separate written agreement or mandatory legal requirement applicable to a particular service or transaction.

Email: inquiry@berkowits.in

Customer Care: +91 9999 6666 99

Website: www.berkowits.com

Last Updated: 31 August, 2026