Terms of use
This document is an Electronic Record under the Information Technology Act, 2000 and the Rules made thereunder and as per the various provisions pertaining to Electronic Records in other Statutes as amended by the Information Technology Act, 2000. This Electronic Record does not require any physical, Electronic or Digital Signature. This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that requires the publishing of Rules and Regulations, Privacy Policy and the Terms of Use. Please carefully go through the Terms and Conditions and the Privacy Policy before browsing through the website or availing services of the website. The Terms and Conditions and the Privacy Policy together form a legally binding Agreement between the User and Ohealer Healthcare Services Pvt. Ltd. The domain name www.clinikk.com and the mobile application Clinikk (hereinafter collectively referred to as the ‘Website’) are owned and managed by Ohealer Healthcare Services Private Limited (hereinafter referred to as “Clinikk”). The term ‘CLINIKK’ ,’Company’, ‘us’, ‘we’ or ‘our’ refers to Ohealer Healthcare Services Private Limited. The term ‘User’, ‘You’ or ‘Your’ refers to a consultant, including medical practitioners, and/or health care provider (individual or institution) enlisted on the website or desirous of being listed on the website; a patient, his/her representatives or affiliates; any person in need of healthcare services either for himself or his affiliates, and/or any user or viewer of this website. The term ‘Third Party’ refers to any person, natural or juristic, other than Clinikk and the User. These Terms and Conditions and the Privacy Policy will be applicable and effective upon your acceptance of the same and will govern the relationship between the user and the Company in connection with the use of this website and availing services under this website. The acceptance may be direct, or indirect in Electronic form. You are deemed to have read and agreed be bound by the terms and conditions and the Privacy Policy if you continue to browse or use this website. By accessing the website, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to abide by them. If you do not agree to any of the terms or do not wish to be bound by any of the terms and conditions and privacy policy, you may choose not to use the website. In case of any queries regarding any part of this Agreement, contact us atops@clinikk.comThe content of the pages of this website is for your general information and use only. Clinikk reserves the right to modify or remove any portion of the Terms and conditions for any reason and the same will be notified on the website. You are expected to read the changed Policies before continuing to use the website. Your continued use of the website means your acceptance to such modification. The use of this website is subject to the following terms and conditions:
Membership Eligibility
The membership of Clinikk and the use of services of Clinikk are available only to persons who are Majors (persons above the age of 18 years) under the Indian Law and persons who are capable of forming a valid contract under the Indian Contract Act, 1872. In the case where the services of Clinikk are to be availed for a minor, the terms and conditions are to be complied with by the parent/guardian of such minor. Clinikk reserves the right to terminate your membership if it is discovered that you are a minor or a person incompetent to contract under the Indian Contract Act, 1872. This document shall be deemed to be a binding contract between you and Clinikk and shall be enforced against you. If it is found that any of the aforesaid criteria is not met or violated, Clinikk reserves the right to grant or refuse access to the website and services offered thereunder to its new/existing users.
Account
Access to the website is free and does not require disclosure of any information. However, to use the services of the website, you may be required to furnish certain information. Where logging in with a user Id and Password is required, it shall be your sole responsibility to maintain the confidentiality of your username, password and other personal and sensitive data. Should the website require you to login with a User Id and password, it shall be your sole responsibility to keep the Username and Password confidential at all times. You shall be fully responsible for maintaining the confidentiality of your account information at all times, and you are solely responsible for all the activities under your account. Clinikk shall not be responsible for any loss or damage whatsoever caused by your breach under this term. In the event of any breach of security of your account information, it shall be your responsibility to notify Clinikk at the earliest, failing which you shall have agreed to indemnify any loss or damage caused to Clinikk because of your failure to maintain the confidentiality of your account information. In case of loss of confidential and personal information or any breach of security of your account information, inform us by sending a mail to ops@clinikk.comIn the event where you wish to avail the services without creating an account, you may obtain the services through the website by submitting contact details like your mailing id and contact number for Clinikk representatives to call and book appointments. However, such calls may be recorded and stored in Clinikk’s servers. Such call back services are to be used only for appointment and booking purpose and not for any consultation on any health issues. You shall not have more than one active account on the website. Further, you are barred from selling or otherwise transferring your account to another person.
Controlling your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
- While registering the account, we indicate which fields are mandatory and which fields are optional. You are free to not disclose the information that is not mandatory.
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for promotional purposes. If such a box is not available, you may choose not to fill such form. However, by submitting the filled enquiry form, you will be construed to have foregone your right and Clinikk may choose to send emails and correspondences from time to time.
- If you have previously agreed for using your personal information for promotional purposes, you may withdraw the such consent any time by writing to or emailing us at ops@clinikk.comWe will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.
User Obligations
You shall ensure that the Account information furnished by you is true, accurate and complete. Clinikk reserves the right to indefinitely suspend or terminate the User account or block access to the website in the event Clinikk has reasonable grounds to suspect that the information furnished by you is false, inaccurate, inadequate and incomplete. If at any point in time, it is found out that you have provided false, inaccurate, inadequate, fraudulent and incomplete information, Clinikk reserves the right to deny access to the website and services offered there under to its new/existing users and you shall be liable to indemnify any loss or damage caused to Clinikk because of such false, inaccurate, inadequate, incomplete and fraudulent information adversely affecting Clinikk or its users.
Clinikk reserves the right not to provide its services when the information provided falls under these:
- Belongs to another person and to which the user does not have any right to
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, is pornographic, paedophilic, libellous, invasive of another person’s privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
- Harm minors in any way
- Infringes patent, trademark, copyright, or other proprietary rights
- Violates any law for the time being in force
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- Threatens the unity, integrity, defence 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
- Impersonate another person
- Violates the terms of the agreement.
- Harm minors in any way
In addition to the above, the users further undertake not to
- Violate the terms and conditions of this Agreement
- Impersonate another person;Reverse engineer, decipher or decompile any part of the website
- Make any unsolicited communication to other users of the website
- Intentionally submit any false, inaccurate, inadequate, fraudulent and incomplete information
- Transmit any information in any manner, including but not limited to advertisements, hyperlinks, posts, on the website which is detrimental to the interests of Clinikk
- The use of the services under this website shall be solely for the personal use of the user.
- You shall be prohibited from selling, reselling, or otherwise trading the products and services under this website or using it for commercial purposes or for profit. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Obligations - Medical Practitioners
Clinikk enables the medical practitioners/healthcare providers to connect with the patients and respond to the questions of the users posted through their account. The medical practitioners/health care providers represent and warrant that:
- He/she is a qualified medical practitioner/health care provider recognized in India
- Has all the necessary qualification, license, and experience to practice as a medical practitioner/health care provider in India
- Will take all reasonable measures to keep the license in force/ renewal of license as and when applicable
- He/she will provide complete, true and correct information to Clinikk about their qualification, practice and other credentials
- He/she will ensure utmost care, caution, skill, and ability while treating patients and providing health care services
- He/she will abide by the medical regulations set by the concerned authorities from time to time
- He/she will not assign their duties and responsibilities to any other person while treating a patient of Clinikk, whether under supervision or not
- He/she will not solicit the patients of Clinikk.
- He/she agrees and accepts all responsibility and liability for the services rendered and agrees to indemnify Clinikk for any claim, loss or damage that may be suffered by Clinikk because of the services of the medical practitioner/health care provider.
- He/she agrees and accepts to maintain the highest level of confidentiality of all information provided by the patient at all instances. The medical practitioner/health care provider agrees not to disclose any of the personal and sensitive information about the patient to anyone except required by law to do so..
- The medical practitioner/health care provider shall indemnify and hold Clinikk harmless from and all and any demands, liabilities, losses, costs, claims asserted and expenses including attorney’s fees, against Clinikk arising out of any default, breach, non-performance, misconduct, non-observance or omission of any terms of this Policy.
- Clinikk reserves the right to terminate the account of any medical practitioner/healthcare provider if it is found that:
- The medical practitioner/health care provider as breached any provisions of this Policy or Privacy Policy;
- The medical practitioner/health care provider has breached or violated any provision of the Laws;
- The information provided by the medical practitioner/health care provider is found to be incorrect, incomplete, false or the authenticity of which could not be verified by Clinikk;
Warranties
Neither we nor any of our licensors or service providers make any kind of warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Clinikk does not make any representation or warranty, express or implied, about the services or any of the content of the website. Clinikk disclaims responsibility for all and any damages that due to the viruses, worms, bugs that may infect the user’s computing devices because of the user’s use, browsing of the website and downloading any images, files from the website. In such an event, mail us the issue with details to ops@clinikk.comClinikk does not make any representation or warranty, express or implied, regarding the professional qualifications, quality of work, the efficiency of work, expertise, authenticity or correctness of the information provided on the website
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
Limitation of Liability
Notwithstanding the provisions mentioned above, Clinikk disclaims all liability for- Any error or inconvenience caused by the medical practitioner/health care provider in providing services. Clinikk is only a facilitator and will not be liable for the unavailability of the medical practitioner/health care provider at the time of appointment, incongruous treatment, inappropriate behavior of the medical practitioner/health care provider and other difficulties faced by the user;
- Any negligence or misconduct of the medical practitioner;
- Wrong prescription or treatment protocol set by the medical practitioner. Although sufficient care will be taken by the Clinikk’s team to ensure the appropriate treatment and prescription, Clinikk will not be responsible for the breach of professional standards by the medical practitioner/health care provider;
- Cancellation or rescheduling of appointment either by the patient or by the medical practitioner/health care provider
- Any medical consequences subsequent to the use of services under Clinikk. In addition to the above, Clinikk or any of its officers, administrators, directors, employees, agent or service providers shall not be liable, directly or indirectly, for any direct, indirect, remote or consequential damage, loss or claim arising out of the user’s use of the website or availing of services thereunder and for any information or content hosted, displayed, uploaded, modified, published, transmitted, updated or shared on/through the website.
Intellectual Property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction, in any manner, is prohibited without obtaining prior authorization from Clinikk and/or from the third party owners of such content, which forms part of these terms and conditions. All trademarks reproduced in this website which is not the property of, or licensed to Clinikk are acknowledged on the website. Unless otherwise provided or any contract to the contrary, Clinikk holds all the intellectual property, the proprietary rights and rights and interests in the copyright, related rights, trademark, know-how, goodwill, and any other form of intellectual property right in the services provided by Clinikk. Reproduction or duplication, in any manner, is prohibited without obtaining prior authorization from Clinikk. Any use of the services provided by Clinikk for commercial purpose or any other purpose without prior permission of Clinikk shall amount to infringement and attract legal action which shall be dealt with seriously.
Reporting
If you are the legal owner of any intellectual property or any person duly authorized by the owner of intellectual property and if you have sufficient grounds to believe that your intellectual property has been infringed by any of the content on the Website, then kindly send an e- mail in this regard to ops@clinikk.commentioning the following details:
- Your Full Name and contact details such as address, phone number, e-mail id, etc.
- Identification and Detailed Description of the intellectual property that has been infringed.
- Details of the proof along with the necessary documents which serve as proof of your claim to the intellectual property of the content in question.
- A Statement by you that you have bonafide reason to believe that the use of content in question in the website is not authorized by you (owner), assignee, licensee or any person authorized by you in this behalf and that it amounts to violation of the intellectual property owned by you in respect of that content.
- A Statement by you undertaking that the information provided by you in your notice claiming the intellectual property is correct, accurate and complete.
Payment Related Information
There are no fees or charges levied for the use or browsing of the website. However, there may be certain charges levied for using the website or availing certain services of the website. In the event that charges are applicable for your usage or availing services on the website, you shall be notified along with the amount payable by you for such use of website or availing of service. Clinikk reserves the right to change the Fee Policy from time to time and the same will be notified on the Website. It shall be your responsibility to check the website for the change in Fee Policy. You continued usage of the website shall imply your consent to the change in the fee policy and you shall be bound by the same. It shall be your responsibility to provide the correct information such as credit/debit card details, bank account details and/or any other such necessary details required by the Bank Payment Gateway to process your payment for availing services through the website. The information provided by you will not be used or disclosed to any third party except otherwise required by the law to do so. You shall be solely responsible for maintaining the security and confidentiality of the credit/debit card details, bank account details and/or any other necessary details at all times. Clinikk disclaims all responsibility for any claim, loss or damage arising out of your failure to maintain the security and confidentiality of the credit/debit card details, bank account details or any other such necessary details. Clinikk shall NOT be liable for any loss or damage, directly or remotely, due to any unauthorized usage of credit/debit card, Bank Account or other information. For your payment on the website, in addition to the terms and conditions under the website, you shall also be governed by the terms, conditions and policies of the respective Bank, Card Issuing Authority and/or other financial institution. Your bank, card issuing authority and/or other financial institution may prescribe a limit on the number of transactions and/or the limit on the amount payable in each transaction. Clinikk shall NOT be liable for any loss or damage, directly or remotely, due to the declining of the transaction by your bank, card issuing authority and/or other financial institution. In the case of any error that occurs while making payment, kindly contact the respective Bank, Card issuing Authority or Other Financial Institution for the issue to be resolved. Clinikk claims no responsibility for such error in online payments. If, by any chance, you make the payment twice for the same product or service, then send an e-mail to ops@clinikk.comand our team shall look into the issue. If found that multiple payments have been made, the repetitive payment shall be refunded to your account within 14 working days.
Links to other websites
From time to time, this website may contain links to other websites of interest. These links are provided for your convenience to provide further information that may interest you. They do not signify that we endorse the website(s). You may choose to stay on our website or visit the other website. However, once you have used these links to leave our site, you should note that we do not have any control over such other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. You may not create a link to this website from another website or document without prior written consent of Clinikk. Any breach of this shall be treated strictly and may be subject to legal action under the Bangalore jurisdiction.
Severability
That is any term of this Agreement is or becomes to any extent invalid, illegal or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality or unenforceability and all other terms thereof shall remain in full force and effect.
Waiver
The failure of the Company or delay of Clinikk to require strict performance of any clauses of this Agreement by the other party, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by Clinikk of such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy.
Jurisdiction
Your use of this website and any dispute arising out of such use of the website is subject to the Laws in force in India and/or Regulatory Authorities within the country of India. The place of Jurisdiction shall be exclusively in Bangalore.
Grievance Redressal
Clinikk takes utmost care to ensure the best in industry services to all its users and patients. Any grievance in spite of the best efforts of the Clinikk team, may be reported at ops@clinikk.comand the same will be governed by Clinikk’s Grievance Redressal Policy.
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