As used in this Agreement, “we,” “us,” “our” and “Click2Clinic” means Click2Clinic Healthcare India Private Limited and “you” or “your” shall mean individuals or entities accessing the Click2Clinic Platform (defined below).
Click2Clinic is engaged in the business of providing various health and wellness services at your doorstep and convenience through multiple platforms including the internet, mobile and telephone (“Click2Clinic Platform”). Click2Clinic Platforms can be accessed through our Internet resource or at www.Click2Clinic.com or through our Mobile application. The various healthcare services offered through Click2Clinic Platform include Telemedicine (C2C HealthCall App), Home Visit Diagnostics, Home Care – Doctors/Nurses/Physiotherapists, Home Delivery of Medicines, Hospital Admission Facilitation to C2C Network hospitals and such other services as may be provided from time to time (“Services”). Certain of these Services such as Hospital Services, Diagnostics, Pharmacy are offered by third party healthcare service providers (“EmpanelledAssociates”) and Click2Clinic merely facilitates the interaction between users/customers and Empanelled Service Providers through Click2Clinic Platform.
Eligibility for use of Click2Clinic Platform
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the Click2Clinic Platform and services if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.
Your Account and Registration Obligations
While using the Click2Clinic Platform, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur in your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend your membership.
Content on WEBSITE/MobileApp
1- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Click2Clinic Platform (collectively, “Content“), is either owned by us or by a third party user and we have no control or rights over such third party user content.
2- All the information, feedbacks, reviews on Click2Clinic.com or other users of the Click2Clinic Platform is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk.
3- No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Click2Clinic
4:a- You shall use information on the Services for downloading, provided that:
b-you shall not remove any proprietary notice language in all copies of such documents,
c- you use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
d- you make no modifications to any such information, and
e- you do not make any additional representations or warranties relating to such documents.
Conditions for Use of Click2Clinic Platform
You agree, undertake and confirm that the use of Click2Clinic Platform shall be subject to the following terms:
1- You shall not host, display, upload, modify, publish, transmit, update or share any information on the Click2Clinic Platform that:
b-belongs to another person and to which you do not have any right to;
c- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
d- harms any person in any way;
e-infringes any patent, trademark, copyright or other proprietary rights;
f-violate any applicable law for the time being in force;
g-deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
h- impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
2-you shall not:
b-make any representation which is misleading in any way;
c- engage in commercial activities through Click2Clinic Platform without the prior consent of Click2Clinic; or
d- engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Click2Clinic or interferes with its functioning.
Responsibility or User-Provided Content:
The Click2Clinic Platform may include a variety of features, such as discussion forums, blogs, photo and Video Sharing pages, e-mail services and social networking features that allow feedback to us or allow rating of Click2Clinic Associates and allow users to interact with each other on the Site or to post content and materials for display on the WEBSITE/MobileApp. The WEBSITE/MobileApp also may include other features, such as personalized home care.
Responsibility for User-Provided Content
The Click2Clinic WEBSITE or Mobile App may include a variety of features, such as discussion forums, blogs and social networking features that allow feedback to us and may also allow users to interact with each other on the WEBSITE/MobileApp or to post content and materials for display on the WEBSITE/MobileApp.
By accessing and using any such features, you irrevocably agree:
1-that you have read and agree to abide by our Community Rules as set forth below in Clause No: 9
2-that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
3-that you are 18 years of age or older; and
You alone are responsible for the materials you post on discussion forums, blogs or on other areas of the WEBSITE/MobileApp.
We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the WEBSITE/MobileApp through which users can supply information or materials.
You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:
1- comply with legal process;
2- enforce these Terms of Service;
3- to claims that any content or materials submitted by you violate the rights of third parties; or
4- Protect the rights, property, or personal safety of our WEBSITE/MobileApp, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:
1. Restrict or inhibit any other user from using and enjoying the WEBSITE/MobileApp.
2. to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Do not use the WEBSITE/MobileApp to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising
4. Use the WEBSITE/MobileApp to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval from us.
5. Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the WEBSITE/MobileApp
6. Contact anyone who has asked not to be contacted
7. Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
8. Repeatedly post the same or similar content
We reserve the right to deny access to the WEBSITE/MobileApp or any features of the WEBSITE/MobileApp to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our WEBSITE/MobileApp or infringes the rights of others.
1. Services offered including limitations thereto are fully described in WEBSITE/MobileApp Policies, Consent Letters etc.,(“Policies”) available on our WEBSITE/MobileApp. By accessing the Click2Clinic Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
2. If you avail any of the Services offered by the Empanelled Associates, the Services would be provided to you as per their terms of service and you may be subject to additional restrictions of such Empanelled Associate.
3. This Agreement and the Policies are subject to change from time to time, at the option of Click2Clinic. Changes to the policies shall be notified on the WEBSITE/MobileApp stating that the terms are new/modified and the site on which they were updated. You understand that your use of the Services constitutes your agreement to follow and be bound by the most recent version of the Policies. We will intimate the changes to our Policies and Terms, through email, SMS and post, as per the details provided by you. Please make sure you provide a valid email-id and contact information and you update it as and when needed.
4. If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the Services. Your use of the Click2Clinic Platform after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
5. We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Click2Clinic Platform) as necessary to satisfy any law, regulation or valid government request.
6. We reserve the right, but have no obligation, to monitor the materials posted on the Click2Clinic Platform. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement.
7. Click2Clinic is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non-public, sensitive or obscene materials on the Click2Clinic Platform.
Rating and Review
You shall indemnify and hold harmless Click2Clinic, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your account and access to all or any part of the Click2Clinic Platform, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the WEBSITE/MobileApp or by emailing us at [insert email address (add email Id)]. This Agreement shall survive any termination of your membership. We may change, suspend or discontinue all or any aspect of the Click2Clinic Platform at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
Disclaimer of Warranties; Limitation of Liability
CLICK2CLINIC PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CLICK2CLINIC PLATFORM AND THE SERVICES, AND HYPERLINKED WEBSITE/MOBILEAPPS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER CLICK2CLINIC NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
CLICK2CLINIC IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE CLICK2CLINIC PLATFORM AND THE SERVICES AND/OR ANY HYPERLINKED WEBSITE/MOBILEAPP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CLICK2CLINIC PLATFORM, CLICK2CLINIC PLATFORM -RELATED SERVICES, AND/OR HYPERLINKED WEBSITE/MOBILEAPPS IS TO STOP USING THE CLICK2CLINIC PLATFORM AND/OR THOSE SERVICES.
Limitation of Liability:
Click2Clinic’s liability for any of its or associate’s direct or indirect or consequential acts/ omissions/ commissions be restricted to the Maximum extent of INR 1000/- and nothing further.
Usage of the WEBSITE/MobileApp is for your limited personal purpose and is not transferable or assignable. However Click2Clinic reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all of the assets of Click2Clinic.
Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of India.
You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts at Hyderabad and you hereby accede to and accept the jurisdiction of such courts.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Click2Clinic does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this website/mobileapp. Reliance on any information appearing on this website/mobileapp is solely at your own risk.
Click2Clinic Services and Products through its website/mobileapp are provided “as is” without any representations or warranties, express or implied except to the extent specifically provided or agreed with Click2Clinic. Click2Clinic makes no representations or warranties in relation to this website/mobileapp or the information and materials provided on this website/mobileapp.
Without prejudice to the generality of the foregoing paragraph, Click2Clinic does not warrant that:
Nothing on this website/mobileapp constitutes, or is meant to constitute or advice of any prescription, drug products, or any treatment. The customer shall consult his/her physician for a formal prescription before using any of the suggested services, drugs/ medication.
LIMITATIONS OF LIABILITY
VIRUSES, WORMS, USE OF FILES
Click2Clinic cannot and does not guarantee or warrant that files available for downloading from the Service are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Click2Clinic does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non infringement or fitness for a particular purpose) with respect to the files available for downloading from the Service. In no event will Click2Clinic be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from the Service. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate Click2Clinic copyright holder.
By using Click2Clinic website/mobileapp, you agree that the exclusions and limitations of liability set out in this website/mobileapp disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website/mobileapp.
LINKS TO OTHER WEBSITE/MOBILEAPPS
This Site may contain links to other Internet Web Sites for the convenience of users in locating information and services that may be of interest.
Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which Click2Clinic exercises no control; and Click2Clinic is not responsible for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Unless otherwise stated, links do not represent intent to promote or endorse information, products or services.
SECURITY OF THE SITE
This site applies a range of security controls to protect its website/mobileapp from unauthorized access. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.
Click2Clinic accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website/mobileapp or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage the user’s computer system, software or data.
APPROPRIATENESS OF CONTENT
This website/mobileapp is not intended to attract children under the age of 18. We do not collect Personal Information from any person, who, we know is under the age of 18. Some of the content on this Web site may not be appropriate for children. Parent or guardians are solely responsible for providing supervision of minors’ use of the Click2Clinic Web site.
All material contained in this Site is protected by law, including but not limited to Indian copyright law. Except as indicated, Click2Clinic is the owner of the copyright in the entire content (including images, text and look and feel attributes) of Click2Clinic.com and reserves all rights in that regard. Any commercial use of Site content is prohibited without the prior written consent of Click2Clinic.
CHANGES AND APPLICABLE LAW
If any provision of this website/mobileapp disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website/mobileapp disclaimer.
THIS WEBSITE/MOBILEAPP IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE
All information, content, and material of this website/mobileapp is for informational purposes only and are not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider.