Terms of Use

Drmartoms Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Drmartoms website (the "Site"), including any content, features, products, or services offered on or through the Site (collectively, the "Services"). By accessing or using the Site or Services, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.

1. Eligibility

To use the Site and Services, you must:
  • Be at least 18 years old, or have the consent of a parent or legal guardian if you are under 18;
  • Have the legal capacity to enter into a binding contract;
  • Provide accurate, complete, and up-to-date information when using the Site (e.g., during account creation, checkout, or communication with customer service);
  • Comply with all applicable laws, regulations, and these Terms.
Drmartoms reserves the right to verify your eligibility and to restrict or terminate your access to the Site if you fail to meet these requirements.

2. Account Creation and Management

If you choose to create an account on the Site, you agree to:
  • Choose a secure password and keep it confidential. You are solely responsible for all activities conducted under your account;
  • Notify Drmartoms immediately at [email protected] if you suspect any unauthorized access to your account or a breach of security;
  • Update your account information promptly if it changes (e.g., shipping address, email address, payment details) to ensure accuracy for orders and communications;
  • Not share your account credentials (e.g., username, password) with any third party. Drmartoms will never ask you to provide your password via email or other unsolicited communication.
Drmartoms may suspend or terminate your account at any time, with or without notice, if you violate these Terms, engage in fraudulent activity, or for any other legitimate business reason.

3. Use of the Site and Services

You agree to use the Site and Services only for lawful purposes and in a manner that does not violate these Terms or harm others. Specifically, you will not:
  • Use the Site to submit, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable;
  • Engage in fraudulent activity, such as placing orders with false information, using stolen payment methods, or impersonating another person or entity;
  • Attempt to access, modify, or disrupt any part of the Site, its servers, or the underlying technology (e.g., through hacking, data mining, or distribution of malware);
  • Copy, reproduce, distribute, modify, display, or create derivative works of any content on the Site (e.g., product images, descriptions, logos) without prior written permission from Drmartoms;
  • Use any automated tools (e.g., bots, scrapers) to access or collect data from the Site without explicit authorization. Such tools may disrupt Site functionality and violate these Terms;
  • Resell, lease, or transfer any products purchased through the Site for commercial gain without Drmartoms’s written consent, unless explicitly permitted by law.

4. Intellectual Property Rights

All content on the Site—including but not limited to logos, trademarks, product images, descriptions, text, graphics, and software (collectively, "Intellectual Property")—is owned by Drmartoms or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Intellectual Property solely for personal, non-commercial purposes in connection with your use of the Site (e.g., browsing products, placing orders). This license does not grant you any ownership rights in the Intellectual Property. Any unauthorized use of the Intellectual Property may violate these Terms and applicable laws, and Drmartoms reserves the right to pursue legal action against such violations.

5. Product Information and Availability

Drmartoms strives to provide accurate and up-to-date information about products on the Site, including descriptions, prices, sizes, and availability. However, we do not warrant that all product information is error-free, complete, or current.
  • Pricing: Product prices are displayed in United States Dollars (USD) and are subject to change without prior notice. The price charged for your order will be the price displayed at the time you complete checkout, unless an error is identified. If a pricing error is discovered after your order is placed,Drmartoms will notify you and offer to either adjust the price or cancel the order (with a full refund if payment has already been processed).
  • Availability: Products are subject to stock availability. While we make every effort to maintain accurate inventory levels, occasional stock shortages may occur after an order is placed. If a product you ordered is out of stock, we will notify you via email and offer a full refund or backorder option (if applicable).
  • Product Variations: Due to differences in screen resolution and lighting, the actual color or appearance of products may vary slightly from the images displayed on the Site. Product dimensions and details are provided for reference, and minor variations may exist due to manufacturing processes.

6. Limitation of Liability

To the fullest extent permitted by applicable law:
  • Drmartoms shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including but not limited to loss of profits, loss of data, or inconvenience) arising out of or in connection with your use of the Site or Services, even if Drmartoms has been advised of the possibility of such damages;
  • Drmartoms’s total liability for any claim related to the Site or Services (whether for breach of contract, negligence, or otherwise) shall not exceed the total amount paid by you for products purchased through the Site in the 12 months preceding the claim;
  • Drmartoms shall not be liable for any damages caused by factors beyond its reasonable control, including but not limited to internet outages, server errors, carrier delays, natural disasters, or third-party service disruptions.
Nothing in these Terms shall limit or exclude Drmartoms’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Drmartoms, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
  • Your use of the Site or Services in violation of these Terms;
  • Your submission of any unlawful, harmful, or objectionable content;
  • Your unauthorized access to or use of the Site;
  • Any breach of your representations or warranties under these Terms;
  • Any third-party claims related to your use of the Site or products purchased through the Site.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content (collectively, "Third-Party Materials"). These links are provided for your convenience only, and Drmartoms does not endorse, control, or assume responsibility for any Third-Party Materials.
Your use of Third-Party Materials is subject to the terms and policies of the third party providing such materials. Drmartoms shall not be liable for any damages or losses arising from your access to or use of Third-Party Materials. We recommend reviewing the terms and privacy policies of any third-party site before using it.

9. Modifications to These Terms

Drmartoms may update or modify these Terms from time to time to reflect changes in our business practices, technology, or applicable laws. When we make changes, we will post the revised Terms on the Site. The "Last Updated" date at the top of these Terms will indicate when the changes became effective.
Your continued access to or use of the Site or Services after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

10. Termination

Drmartoms may terminate or suspend your access to the Site or Services at any time, with or without notice, if:
  • You violate any provision of these Terms;
  • You engage in fraudulent, illegal, or harmful activity;
  • We determine that your use of the Site may harm Drmartoms, other users, or third parties;
  • For operational reasons (e.g., site maintenance, discontinuation of a service).
Upon termination, your right to access and use the Site and Services will immediately cease. Any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, limitation of liability, indemnification) will remain in effect.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall first be resolved through good-faith negotiation between you and Drmartoms. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration in New York City, New York, in accordance with the rules of the American Arbitration Association (AAA). The arbitration award shall be final and binding on both parties, and judgment upon the award may be entered in any court of competent jurisdiction.
You waive any right to a jury trial or to participate in a class action lawsuit with respect to any dispute arising under these Terms.

12. Contact Us

If you have any questions, concerns, or requests related to these Terms of Use, please contact our customer service team: