Document

Terms of Service

Please carefully read these Terms of Service and privacy policy available at https://www.clinikally.com/pages/privacy-policy (Privacy Policy”) before accessing or using this website/ internet-based platform/ mobile application and/or availing the Services. Further by accessing or using and/or availing any of the Services, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not avail Services/ use/access this website/ internet based platform/ mobile application.

GENERAL
1. Clinikally Commerce Private Limited, a company incorporated under the provisions of the Companies Act 2013 and other applicable laws of India, having its registered address at 7th Floor, Landmark House, Plot No. 65, Sector 44, Institutional Area, Gurugram, Haryana, 122003, India, (“Company”, “we”, “us”, “our” or “Clinikally”) manages and operates a website/internet based platform located at the URL clinikally.com (including sub-domains and microsites) and mobile application/s under the brand name ‘Clinikally’ (collectively referred to as the “Website/s”) where you can browse, access or use the Website and/or avail Services offered by us and/or transact on the Website (“User” or “Users” or “you” or “your”).
2. Your access or use of the Website, transaction on the Website and/or use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Service”), including the applicable policies which are incorporated herein by way of reference. These Terms of Service constitutes a legal and binding contract between you (hereinafter referred to as “You”or “Your” or the “User”) on one part and Clinikally on the other Part.
3. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Service. Further, by impliedly or expressly accepting these Terms of Service, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Service. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
4. The Website is an internet - based platform that facilitates
  1. Online purchase of pharmaceutical and/or healthcare products sold by various Third Party Sellers;
  2. Online medical consultancy services/ second opinion being offered by Clinikally Doctor Partners or Independent Doctor Partners;
  3. Booking appointments for physical consultation through the Website;
  4. Booking appointments/ slots for diagnostic services offered by third party labs/ third party diagnostic services;
  5. Dispensation of health and wellness information but not medical advice to Users through our artificial intelligence facility (trained and untrained) and through other ways;
  6. online advertisements of various sponsors advertising and marketing their own good and services;
  7. And may provide a customised bundle of services listed from subsection (ii to v) above, through a subscription model, wherein the End-user subscribed by paying a subscription fee and get bundle of services.
  Collectively referred to as “Services”
5. You agree and acknowledge that the Website is a platform that You and Third-Party Service Providers utilize to meet and interact with another for affecting transactions. Clinikally is not and cannot be a party to or save as except as may be provided in these Terms of Service, control in any manner, any transaction between You and the Third Party Service Providers.
6. Clinikally reserves the right to change or modify these Terms of Service or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to Your use of the Website.
7. As a condition to Your access or use of the Website, transaction on the Website and/or use of Services of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Service, You represent and warrant to Clinikally that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Service.
8. Further, You agree and acknowledge that if You are accessing or using the Website, transacting on the Website and/or using the Services on behalf of any body corporate, we assume you are doing such an act with authorisation, as per applicable law, from such body corporate. We will have sole discretion with respect to affecting any transaction where such transaction has been affected on lack of such authorisation.
9. These Terms of Service is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
  1. the Indian Contract Act, 1872 (“Contract Act”);
  2. the Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Guidelines”);
  3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
  4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
  5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
  6. Pharmacy Act, 1948 (“Pharmacy Act”); and
  7. the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
10. Compliance with these Terms of Service would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access, use and transact on the Website.
11. These Terms of Service constitute an electronic record in terms of the IT Act and rules framed 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.
DEFINITIONS
1. “Clinikally Doctor Partners” are Medical Experts who are employed or are in contractual relationship with Clinikally to enable the provision of Services with respect to them to End – Users.
2. “End – User” shall refer:
  1. To a patient, his/her representatives or affiliates, searching for accessing/using/ availing Services through the Website; or
  2. Customer browsing/searching/using/accessing the Website to purchase Products.
3. “Independent Doctor Partners” are Medical Experts who are not employed by Clinikally and are consulting and/or acting on independent basis to enable the provision of Services with respect to them to End – Users.
4. “Medical Experts” shall refer to medical professionals/doctor/registered medical practitioners (as per applicable laws) who are listed on the Website to enable the provision of Services with respect to them to End – Users and shall be distinguishable into include Clinikally Doctor Partners and Independent Doctor Partners.
5. “Products” or “Product” shall refer Third Party Seller Products.
6. “Third Party Sellers” shall include the third party seller including distributors and/ or wholesalers and/or suppliers, pharmacies, dispensaries, importers, retailers, manufacturer and marketer and shall also include every Person who is selling their own products or Third Party Seller Products but in no circumstance include Clinikally.
7. “Third Party Service Providers” shall include Third Party Sellers, Independent Doctor Partners and Third Party Advertisers.
8. “User” or “User’s” shall refer to the user of the Website and shall include End – Users, Third Party Sellers and Clinikally Doctor Partners, Independent Doctor Partners.
USE OF SERVICES AND THE WEBSITE
1. E-Commerce Platform to facilitate transaction of business:
  1. Through the Website, Clinikally facilitates the purchase and sale of pharmaceutical and/ or healthcare products, and services offered. You understand and agree that Clinikally and the Website merely provide hosting, listing, browsing, visiting and accessing services to You. All Items offered for sale and/or all services offered on the Website by the Third Party Sellers (“Third Party Seller Products” and “Third Party Seller Products Services”, respectively and collectively shall refer to “Third Party Seller Products and/or Services”), and the content made available by the Third Party Sellers, are third party user generated contents and third party products and/or services. Clinikally has no control over such third party user generated contents and/or Third Party Seller Products and/or Services. Further, Clinikally in no capacity owns and controls any of the Products being sold on the Website. The authenticity, genuineness and quality of the Third Party Seller Products and/or Services made available by the Third Party Sellers through the Website shall be the sole responsibility of the respective Third Party Sellers. You understand and agree that Clinikally shall have no liability with respect to the authenticity or genuineness or quality of the Third Party Seller Products and/or Services being facilitated through the Website.
  2. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Third Party Seller Products and/ or Services which are offered by and agreed to between You and the Third Party Sellers and the contract for purchase of any of the Third Party Sellers Products and/or Services , which are offered for sale on the Website by the Third Party Sellers shall strictly be a bipartite contract between the Third Party Sellers and You.
  3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Third Party Seller Products offered for sale by the Third Party Sellers, and after sales services related to such Third Party Seller Products are as provided by the Third Party Sellers/ Third Party Service Providers. Clinikally does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Sellers and/or Third Part Service Providers.
  4. Prescription Drugs - The Website is a platform that can be used by the Users to purchase products and/or healthcare products that may or may not require a valid medical prescription issued by medical experts to be provided to a registered pharmacist for the purpose of dispensing such medicine or product or drugs (“Prescription Drugs”), offered for sale on the Website by Third Party Sellers.
  5. In order to purchase Prescription Drugs from Third Party Sellers through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email or whatsapp the same to Clinikally. The order would not be processed and forwarded to the concerned Third Party Seller(s) by Clinikally until it receives a copy of a valid prescription.
  6. Third Party Sellers and/or Clinikally (on behalf of such Third Party Seller, if provided in the agreement between Clinikally and Third Party Seller) will verify the prescription forwarded by You and in case if the Third Party Seller and/ or Clinikally observe any discrepancy in the prescription uploaded by You, the Third Party Seller and/or Clinikally, as the case may be, shall cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs.
  7. Further, if such prescription has been obtained after medical consultation with Clinikally Doctor Partner or Independent Doctor Partner, through the facility provided on the Website, Clinikally shall have the right to check with such doctor for the authenticity of such prescription and on delivery of the Prescription Drugs, Clinikally shall have the right to post an electronic stamp or a communication with respect to such delivery on such prescription. Furthermore, with respect to such order and prescription, Clinikally shall have the right to store information or details (like quantity of Prescription Drugs ordered, date of order, subsequent order etc). Clinikally shall maintain a record of all the prescriptions uploaded by the Users.
  8. Clinikally also facilitates that generation of prescription through online consultation services offered by Medical Experts through the Website. Such generated prescription may be used by You to purchase/order Products from the Website.
  9. Substitution of Prescribed Drugs - You acknowledge and accept:
    1. that the order for a substitute of a Prescription Drug would only be processed if the medical expert has himself/ herself permitted in writing in the same prescription or a different one, indicating such substitution of the Prescription Drug and referring earlier prescription, or
    2. has permitted in writing in the same prescription or a different one, indicating such substitution and referring earlier prescription, for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
    3. In cases where, such permission has been received in writing and substitution with generic salt or substitute medicine has been provided for along with referring such substitution and earlier prescription, in a new prescription, then the delivery agent shall have the right to stamp such written permission or new prescription, along with the original prescription, as the case may be.
    4. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Seller would not dispense a substitute drug in place of the Prescription Drug.
    5. Invitation to offer for sale - Notwithstanding anything else contained in any other part of these Terms of Service, the listing of pharmaceutical and/or healthcare products on the Website by the Third Party Sellers and/or by the Company is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Sellers and/or Company, as the case may be (“Offer to Purchase”). Post the Offer to Purchase, Clinikally shall send an email to You with the information on the Offer to Purchase along with the details of the concerned Third Party Seller(s) and/or Clinikally, as the case be, who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer to Purchase. The acceptance of the Offer to Purchase by Third Party Sellers (s) or Clinikally only after the validation/ verification of the prescription by such party and the ascertainment of the available stock, by way of a confirmatory email shall be sent to You.
    6. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Seller’, as appearing in these Terms of Service, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Seller.
  10. Representation as to legal title - Clinikally does not make any representation or warranty as to legal title of the Products and/or Third Party Seller Products offered for sale by the Third Party Sellers on the Website.
  11. At no time shall any right, title, claim or interest in the Third Party Seller Products sold through or displayed or listed on the Website vest with Clinikally nor shall Clinikally have any obligations or liabilities in respect of any transactions in relation to Third Party Seller Products on the Website. You agree and acknowledge that the ownership of the inventory of such Third Party Seller Products shall always vest with the Third Party Sellers, who are advertising and/or offering them for sale on the Website and are the ultimate sellers.
  12. You agree and acknowledge that the Third Party Sellers shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Sellers do not have the sole and exclusive legal ownership over the Third Party Seller Products that have been offered for sale on the Website by such Third Party Sellers, or did not have the absolute right, title and authority to deal in and offer for sale such Third Party Seller Products on the Website.
  13. Transfer of Property and Completion of Sale - Upon acceptance of the Offer to Purchase by the concerned Third Party Seller, the Third Party Seller Products would be dispensed by the Third Party Seller, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Seller, wherever required under the applicable law(s).
  14. You agree and acknowledge that the property and title in the Third Party Seller Products ordered by You shall stand immediately transferred to You upon the dispensation of Third Party Seller Products and the raising of the invoice by and/or at the concerned Third Party Seller. Accordingly, the sale of Third Party Seller Product is concluded at the concerned third party pharmacy itself or wherever the product is being dispatched.
  15. The invoice in relation to the Third Party Seller Products, that are required to be delivered to You shall be issued by the concerned Third Party Seller which is to process and satisfy the order for such Third Party Seller Product.
  16. Delivery of Drugs - You agree to appoint an individual who shall act in the capacity of Your agent and collect the products as purchased/requested by You from the Website on Your behalf ("User Agent"), if in case You cannot accept the same. If you are not able to collect/receive the product being delivered as per your order, You accept and acknowledge that the User Agent shall be responsible to collect the product ordered by You from the Website.
  17. You further agree and acknowledge that the User Agent acts as Your agent for collecting the products from the delivery agent. The services are being undertaken by User Agent with Your consent and therefore the Company shall not be responsible for any omission or negligence on part of the User Agent.
  18. Non-Performance of Contract - You accept and acknowledge the following:
    1. Clinikally is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Sellers for purchase and sale of goods or services offered by such Third Party Sellers on the Website;
    2. Clinikally cannot and does not guarantee that the concerned Third Party Sellers will perform any transaction concluded on the Website;
    3. The Third Party Seller(s) are solely responsible for ensuring that the Third Party Seller Products offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Clinikally is not responsible if the Third Party Seller(s) does not satisfy the contract for sale of Third Party Seller Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
    4. Clinikally shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Seller. In particular, Clinikally does not implicitly or explicitly support or endorse the sale or purchase of any Third Party Seller Products on the Website. Clinikally shall, on a request in writing made by You after the purchase of any Third Party Seller Products on the Website, provide You with information regarding the Third Party Seller from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Sellers for dispute resolution.
  19. Exhibition of drugs and publication of Third Party Sellers Content on the Website
    1. Clinikally authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Service. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Clinikally including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Clinikally Content”) (collectively, with Third Party Content, referred to as “Content”). The Clinikally Content is the property of Clinikally and is protected under copyright, trademark and other applicable law(s). You shall not modify the Clinikally Content or reproduce, display, publicly perform, distribute, or otherwise use the Clinikally Content in any way for any public or commercial purpose or for personal gains
    2. You agree and acknowledge that the respective Third Party Service Providers are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
    3. The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Seller(s) on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
    4. You acknowledge and agree that such Third Party Seller shall be solely responsible for ensuring that such Third Party Content made available regarding the Third Party Seller Products offered for sale on the Website, are not misleading and describe the actual condition of the Third Party Seller Products. In this connection, it is solely the responsibility of the concerned Third Party Seller (s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Third Party Seller Products so as to mislead the Users in any manner. You acknowledge and understand that Clinikally provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that Clinikally has not played any role in the ascertainment of the actual impact/ effect of any Third Party Seller Products being offered for sale by the Third Party Sellers on the Website. Further, it is hereby clarified that the Third Party Sellers are offering the Third Party Seller Products for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act and other applicable laws. You agree and acknowledge that You shall not hold Clinikally responsible or liable for any damages arising out of such reliance on third party user generated content by You.
  20. Booking Facility:
    Clinikally or any other entity, as may be notified for the purpose in writing in terms and conditions governing such booking services, may provide or offer booking services with respect to physical consultation with a Medical Expert listed on the Website and/or booking diagnostic services offered by third party labs/ third party diagnostic services.
  21. Doctor/ Medical Consultancy Service(s)
    Clinikally or any other entity, as may be, provides or may provide online consultancy services or teleconsultation services facility on the Website enabling You to consult a Medical Expert through electronic/audio visual means. Such Service shall be subject to terms and conditions provided below:
    1. Terms for use of the online doctor consultancy services: Clinikally is an online health platform that provides a variety of online-linked health services to the Users for health related information and resources. The online consultation facility /Service or teleconsultation facility shall include a pool of Medical Experts. Clinikally Doctor Partners are not "Your" physician or healthcare provider. Whenever, We use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship.
    2. NO DOCTOR-PATIENT RELATIONSHIP: Clinikally does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
    3. You acknowledge that the Independent Doctor Partners empanelled with Us are independent contractors and thereby Clinikally only an independent contractual relationship with respect to them, being listed on the Website with such Medical Experts and therefore in no event Clinikally will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Independent Doctor Partners may provide to You or You may avail as part of the Services.
    4. You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not be a valid prescription under applicable law(s) of India and may or may not be used for dispensation of medicines by any pharmacist including the third party pharmacies. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then we will only act as an marketplace platform and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the third party pharmacies supplying the medicines to you.
    5. Further, if Clinikally and Third Party Seller has mutually agreed with respect to Clinikally checking the prescription of the medicines being ordered, then processing the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders shall be at the sole discretion of Clinikally and in no event Clinikally shall assume any responsibility or liability with respect to supply of such medicines and shall have liability only to the extent of it being an aggregator or facilitator of the transaction, that is, in its e commerce capacity.
    6. Even if Your real life doctor is on Clinikally, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
    7. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
    8. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Clinikally shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
    9. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Clinikally, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Clinikally does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Clinikally.
    10. The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Clinikally disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
    11. Clinikally (the owners and the employee staff of Clinikally), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
    12. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Clinikally shall have no liability or responsibility in this regard. Clinikally does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
    13. The exchanges between the Medical Experts and the patient through the chat window or over telephone or audio-visual or electronic mechanism (as the case maybe) and the e-prescription would be accessible to Clinikally for the purposes of monitoring the quality of the consultation.
    14. Clinikally may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while Clinikally investigates complaints or alleged violations of these Terms of Service, or for any other reason. Clinikally has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.
    15. The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also, the Consultations provided through the Website are not diagnostic in nature
  22. Dispensation of health and wellness information
    1. Clinikally may or may not offer on the Website services relating to dispensation of health and wellness information. This Service may include usage of artificial intelligence or a language/information model, having information about the medical, health and wellness information. You acknowledge and agree that the information dispensed or gained from such service shall not in any case or circumstance amount or equate to a medical advice provided by a medical expert/professional/ doctor and shall be only of informative nature. Further, Clinikally shall in no case held liable by You or your representative authority with respect to reliance on such information.
    2. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “User Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
    3. Clinikally is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Clinikally You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
  23. Advertisement Services
    The website may or may not offer online advertisement facility displaying/ showcasing/advertising/marketing the goods and services of various sponsors/ advertisers/ Third Party Service Providers (“Third Party Advertisers”). Such advertisements along with advertisements placed by us (“Clinikally Advertisements”) shall be subject to terms and conditions provided in this Terms and Service. Furthermore, The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
    1. Advertising Guidelines for the Website –
      1. As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website (“Third Party Advertisements”). Accordingly, there are guidelines (as listed herein below) which the advertisers (Both Third Party and Clinikally) have to follow for placing such advertisements. (the “Advertising Policy”).
      2. For the Users:Clinikally clearly distinguishes between the content and/or editorial content and/or advertisements that are created or provided by us and any of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement".
      3. For all the advertisers:The advertisements must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection.
      4. General Rules:All the advertisements must comply with the Advertising Policy, the terms of these Terms of Service and the Privacy Policy. Clinikally may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Service and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Service and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Clinikally may also alter or remove any content from the Website without prior notice and without liability. The Third Party Advertisers are solely responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
      5. Review:All the advertisements are subject to the review and approval of Clinikally. Clinikally reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Clinikally also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
      6. Prohibited Content:The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
        
        content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
        
        content depicting nudity, sexual behaviour, or obscene gestures;
        
        content depicting drug use;
        
        content depicting excessive violence, including the harming of animals;
        
        shocking, sensational, or disrespectful content;
        
        deceptive, false or misleading content, including deceptive claims, offers, or business practices;
        
        content that directs users to phishing links, malware, or similarly harmful codes or sites; and
        
        content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
        
        content that violates any law for the time being in force.
      7. Prohibited Advertisements:Advertisements for the following products and services are prohibited:
        
        adult products and services (other than contraceptives);
        
        cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
        
        products or services that bypass copyright protection, such as software or cable signal descramblers;
        
        products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
        
        get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
        
        illegal or recreational drugs or drug paraphernalia;
        
        counterfeit, fake or bootleg products, or replicas or imitations of designer products;
        
        firearms, weapons, ammunition, or accessories;
        
        advertisements that promote particular securities or that provide or allege to provide insider tips;
        
        any illegal conduct, product, or enterprise;
        
        unapproved pharmaceuticals and supplements;
        
        prescription drugs;
        
        products that have been subject to any government or regulatory action or warning;
        
        products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
        
        material that directly advertises products to or is intended to attract children under the age of 13.
      8. Prohibited Advertisements under the Drugs and Magic Act:subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
        
        the procurement of miscarriage in women or prevention of conception in women; or
        
        the maintenance or improvement of the capacity of human beings for sexual pleasure; or
        
        the correction of menstrual disorder in women; or
        
        the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
        
        prohibition of misleading advertisements relating to drugs;
        
        subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
        
        directly or indirectly gives a false impression regarding the true character of the drug; or
        
        makes a false claim for the drug; or
        
        is otherwise false or misleading in any material particular.
        
        It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
      9. Restricted Advertisements:Advertisements in the following categories are restricted and require approval on a case-by-case basis:
        
        advertisements that promote or reference alcohol;
        
        advertisements for online dating services;
        
        advertisements for gambling and games of skill;
        
        advertisements for lotteries;
        
        advertisements for financial services;
        
        advertisements for contraceptives;
        
        advertisements for online pharmacies or pharmaceuticals; and
        
        political advertisements.
      10. Testimonials & Endorsements:
        
        any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
        
        Clinikally recognizes and maintains a distinct separation between advertising and sponsored content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
        
        a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
RISKS OF USING CLINIKALLY’S SERVICES
As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Service, Privacy Policy and risks described below. These risks include, but may not be limited to:
1. While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Clinikally strongly encourages You to be in touch with an on-ground physician and share the Clinikally’s opinion with him/her.
2. By requesting a medical opinion through the Website, You acknowledge and agree that:
  1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
  2. the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
  3. in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
  4. the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
  5. in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
  6. in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
  7. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
  8. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Service.
OTHER TERMS
1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
  1. Your Clinikally profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications and other information as provided in the Privacy Policy.
  2. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Clinikally record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Clinikally reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Clinikally’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
  3. For additional information regarding use of information about You, please refer to the Privacy Policy.
  4. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
    1. The Privacy Policy sets out:
      1. the type of information collected from Users, including sensitive personal data or information;
      2. the purpose, means and modes of usage of such information; and
      3. how and to whom Clinikally will disclose such information.
    2. The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
      1. the fact that the information is being collected;
      2. the purpose for which the information is being collected;
      3. the intended recipients of the information;
      4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
      5. the various rights available to such Users in respect of such information.
  5. Clinikally shall not be responsible in any manner for the authenticity of the User Information by the Users to Clinikally or any other person acting on behalf of Clinikally.
  6. The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Clinikally from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
  7. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Clinikally of any actual or suspected unauthorized use of the Users’ account or password.
  8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Clinikally has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clinikally shall have the right to suspend or terminate such account at its sole discretion.
  9. Clinikally may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit Clinikally to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Clinikally as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Clinikally or any person on its behalf and the user or where the User has consented to data transfer.
  10. By accepting these Terms of Service and by registering on the Website, You consent to be contacted by Us and/or by our Third Party Service Providers. You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues
  11. Clinikally makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Clinikally employees. Clinikally is not responsible for transmission errors, corruption of data.
  12. The Website is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
  13. The Website shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You shall not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Clinikally profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Service and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
  14. Your right to use the Services is not transferable.
2. Payment, Fees and Taxes:
  1. Registration on the Website and the access to the information provided on the Website is free. Clinikally does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Sellers and/or Company for purchase of Products and/or Services or make the payments for Third Party Products as per the mechanism of payment established on the Website. The Third Party Sellers may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold Clinikally responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Sellers or the collection agents or for any actions/ omissions which are beyond the control of Clinikally.
  2. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Clinikally is in no way responsible for any of the taxes except for its own income tax.
  3. The subscription fees for the Services, if any charged by Clinikally, could be paid online through the facility established for the purpose on the Website. Third parties support and services are required to process online fee payment. Clinikally is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of Clinikally. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to Clinikally at the following address of its registered office at 7th Floor, Landmark House, Plot 65, Sector 44, Gurugram, Haryana 122003.
  4. All fees are inclusive of applicable taxes.
  5. Clinikally reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
  6. In order to process the payments, Clinikally might requires details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Clinikally uses the confidential information provided by Users.
  7. Available payment methods are available on the Website. We keep on updating these methods from time to time and shall be not responsible for reliance on previous payment method which is not available after any such update.
  8. Applicable payment charges: No charges are levied except cash on delivery charges and/ or shipping and transportation charges, as displayed after calculation on each individual order.
  9. Details, including contact information of all payment service providers: Paytm (https://paytm.com/care/ticket), AmazonPay (https://www.amazonpay.in/contact), Mobikwik (https://blog.mobikwik.com/contactus/), AirtelMoney (https://www.airtel.in/personal/money/contact-us), Freecharge (https://www.freecharge.in/contactus), OlaMoney (https://www.olamoney.com/support/index.html), JIO Money (https://www.jiomoney.com/contactus.html), PhonePe (https://www.phonepe.com/contact-us/), MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch) and GooglePay (https://support.google.com/pay/india/gethelp). You acknowledge and agree that the contact information which has been provided here with respect to payment methods are not exhaustive and may be updated time to time. Further, provided contact information are for reference only and shall be in no circumstance be taken to be the only communication channel. You are advised to please visit the terms and conditions of use of each payment method provided on their respective website.
  10. Security details in relation to payment methods: API integrated
  11. Charge-back options: No
3. Return, Refund, Cancellation and Shipping charges: We offer return and refund on the Products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Shipping and Refund Policy”). The Shipping and Refund Policy forms an integral part of these Terms of Service and the Users are requested to carefully read the same at https://www.clinikally.com/pages/shipping-and-refund-policy.
4. Covenants: (Covenanters for the purposes of these Terms of Service shall include the Users and the Third Party Service Providers)
  1. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which the such Covenanter does not have any right;
    2. is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise inconsistent with or contrary to the laws in force;
    3. infringes any patent, trademark, copyright or other proprietary rights;
    4. violates any law for the time being in force;
    5. impersonates another person;
    6. is harmful to child;
    7. deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
    11. 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 are also prohibited from:
    1. violating or attempting to violate the integrity or security of the Website or any Clinikally Content;
    2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Clinikally;
    3. intentionally submitting on the Website any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Covenanters;
    5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    7. copying or duplicating in any manner any of the Clinikally Content or other information available from the Website; and
    8. framing or hotlinking or deeplinking any Clinikally Content.
  3. Clinikally, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Service. Clinikally shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  4. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Service or the Privacy Policy by a Covenanter, Clinikally has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
5. Liability
  1. Clinikally shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Clinikally, where Other Parties have consented to the making of such disclosures by Clinikally. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Clinikally shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Clinikally prior to its actual receipt of such revocation.
  2. The Other Parties shall not hold Clinikally responsible or liable in any way for any disclosures by Clinikally under Regulation 6 of the SPI Rules.
  3. The Services provided by Clinikally or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Clinikally does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Clinikally does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Clinikally Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
  4. The Website may be linked to the website of third parties, affiliates and business partners. Clinikally has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Clinikally endorses the linked website. Other Parties may use the links and these services at their own risk.
  5. Clinikally shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Clinikally shall not be responsible for any error and/or omissions and/or negligence in any of the services being provided by the Third Party Service Providers.
  6. Users accept and acknowledge that Clinikally does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Clinikally also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
  7. The Other Parties further accept and acknowledge that Clinikally does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Clinikally Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Clinikally or any Third Party Service Providers in relation to any Services provided by Clinikally.
  8. Clinikally assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
  9. The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
  10. To the maximum extent permitted by applicable law(s), Clinikally, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
  11. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
  12. Clinikally disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Third Party Seller Products will be of the concerned the Third Party Sellers/Third Party Service Provider as the case may be.
  13. The Users may share their previous medical history during interaction with the medical experts/presssionals/doctors. The Users undertake to share such information at their own risk. Clinikally reserves the right to retain such information for the purpose of providing Services to the Users.
  14. With respect to the Consultation Services, after selection of the type of treatment along with the specification of the disease/healthcare issue by the patient, Clinikally will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
  15. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
  16. In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Service or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Clinikally accepts no liability for any errors or omissions on behalf of the Other Parties.
  17. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
6. Indemnity
  The Covenanters agree to defend, indemnify and hold harmless Clinikally, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Service or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; and/or (d) Covenanters conduct in connection with the Website.
7. Modification of Website
  Clinikally reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or nay facility or any Service or portions thereof without prior notice. Other Parties agree that Clinikally will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
8. Intellectual property rights
  1. All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company.
  2. Further, Third Party Seller and/or Third Party Service Providers and You agree that the Products listed or to be listed on the Website by them, in no manner or circumstance infringes any intellectual property of the legal owner of the Product to which these intellectual property relate.
  3. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
9. Compliance of Applicable Law
  1. While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”) as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Third Party Seller Products without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
  2. The Users must also ensure that the prescription uploaded on the Website or emailed to Clinikally for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to Clinikally, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
10. Termination (Parties for the Purpose of these Terms of Service shall collectively mean the Other Parties and Clinikally)
  1. The provisions of these Terms of Service shall continue to apply until terminated by either of the Party as set for below:
    1. In case of Other Parties wanting to terminate these Terms of Service, Other Parties may do so by:
      1. not accessing the Website; or
      2. closing their accounts for all of the Services that they use.
    2. Clinikally reserves the right to, at any time, and with or without notice, terminate these Terms of Service against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
      1. breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Service or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
      2. Clinikally is unable to verify or authenticate any information provided to Clinikally by Other Party(s); or
      3. Clinikally believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Clinikally (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
      4. Clinikally is required to do so by law; or
      5. If Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Clinikally to provide the Services to the Other Party(s); or
      6. The provision of the Services to the Other Party(s), or to the general public, is in Clinikally’s opinion, no longer commercially viable; or
      7. Clinikally has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
  2. Clinikally may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
  3. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
  4. Upon termination of these Terms of Service, Clinikally shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
  5. Clinikally reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Service or if Clinikally is unable to verify or authenticate any information the Other Party(s) submits to Clinikally, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Clinikally to provide the Services to the Other Party(s).
  6. The right to terminate/ suspend the account is in addition to, and without prejudice to, Clinikally’s right to initiate action against the Other Party(s), in accordance with applicable law.
11. Force Majeure
  Other Parties accept and acknowledge that Clinikally shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Clinikally or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Clinikally’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Clinikally, depending on whose performance has been impacted under the Terms of Service, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event. Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.
12. Governing Law and Dispute Resolution
  These Terms of Service and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Service shall be subject to the exclusive jurisdiction of the courts at Haryana. All disputes will be subject to arbitration at Haryana in English by a sole arbitrator appointed by Clinikally under the Arbitration and Conciliation Act, 1996.
13. Survival
  Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
14. Severability
  If any provision of these Terms of Service is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
15. Waiver
  No provision of these Terms of Service shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Clinikally. Any consent by Clinikally to, or a waiver by Clinikally of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16. Headings
  The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Service.
17. Contact Information
  If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@clinikally.com. If any Other Party(s) has any questions concerning Clinikally, the Website, these Terms of Service, or anything related to any of the foregoing, Clinikally can be reached at the following email address – support@clinikally.com or via the call at [+91 - 70422 50910].
18. Account Deletion
  Deleting an account is a permanent action and cannot be reversed. In case you want to use Clinikally services again, you will need to create a new account which will have no previous order history.