TERMS AND CONDITIONS (Clinally App for Doctors - mPower Health)
Please read these Terms and Conditions (“Terms”/ “Agreement”), a legal agreement between Cardiometcare Plus Health Solutions Private Limited, (hereinafter referred to as “the Company” or “we” or similar) of the first part AND the Healthcare Provider (defined below) of the second part (hereinafter collectively referred to as “You”, “you” or “yours” or similar).
The Terms have been drafted in compliance with the (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), and the (v) Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. The Act and Rules referred to in (ii), (iii), (iv) and (v) shall collectively be referred to as (“IT Laws”).
The Terms shall govern use of and access to the “mPower Health” application accessible through desktops, mobile phones, smart phones, tablets, plugins and API (“the Application”) which offers a platform through which the Healthcare Providers shall be able to input and store various information regarding their Patients (defined below) such as the Patient’s medical history, drug history and personal history, schedule Patient appointments, detect and diagnose health conditions, have access to an evidence based management ,enter their diagnosis, generate prescriptions, follow-up with Patients and avail such other services as may be offered from time to time (hereinafter “Services”) to the Healthcare Provider. The Company has the exclusive, worldwide license to use the Application including the source code, and make the same available to the Healthcare Providers and the Patients . The Company acknowledges that the Application was developed in collaboration with the experts from All India Institute of Medical Sciences (AIIMS), New Delhi and Centre for Chronic Disease Control (CCDC), New Delhi.
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This Agreement describes the terms governing your use of the Services provided to you on the Application, including content, updates and new releases. The use of the Application will be governed by these Terms, the Privacy Policy, additional terms and conditions, which may include those from third parties and any terms provided separately to you for the Services.
You agree that by downloading the Application or clicking “Register”, “Login”, “Sign Up” or, accessing or using this Application, you are bound by the Terms and are thereby agreeing to enter into a legally binding contract with the Company. If you do not agree to be bound by the Terms, please do not download or use the Application.
PRIVACY POLICY
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. The Privacy Policy shall govern the collection, use and sharing of your personal data in accordance with law. The Privacy Policy is accessible at https://clinally.com/privacypolicy-mpowerhealth.html
a. Kindly review these Terms periodically. The Terms may be updated / modified from time to time, for any reason at the sole discretion of the Company. Such updates / modifications will become effective immediately upon its posting on the Application. The date on which the Terms were last amended/updated/modified will accordingly be mentioned on the Application and you will also be informed that such updates / modifications have been made by way of an email or notification upon logging in / signing in to the Application. It will be your responsibility to read the updated/modified Terms.
b. Your continued use of the Application following the posting of the updates / modifications to the Terms will have deemed to be your acceptance of the revised terms.
As used in these Terms, the following terms shall have the meaning set forth below:
(i) Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Application, Healthcare Provider Information, all types of data, information, ideas, specifications, procedures, source code, software architecture, software design, personal information, business plans, projections, marketing data and other similar information of the Company, Patient Information, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, client and prospect lists, trade secrets, or intellectual property rights such as trade names, trademarks, copyright, patents, designs, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement owned by the Company.
(ii) Effective Date means the Date on which You accept these Terms and Privacy Policy by clicking ‘Register’, 'Log in' or 'I Accept' or enter into an agreement with the Company.
(iii) Intellectual Property Rights shall mean and include any and all intellectual property rights, including amongst others, copyrights, patents, trademarks, trade names, service marks, business names (including internet domain names), design rights, database rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) which may now or in the future subsist in the Application anywhere in the World.
(iv) Patient shall mean any person who has sought or is seeking healthcare services from the Healthcare Provider.
(v) Patient Information shall mean the personal/sensitive personal information or any other information pertaining to the Patients either entered by the Healthcare Provider directly or by enquiring from the Patients on the Application such as Patient’s medical history, drug history and personal history, test reports, assessment reports, diagnosis, etc.
(vi) Personnel shall mean and include staff/employees who are employed/engaged in rendering services to the Healthcare Provider.
(vii) Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information is capable of identifying such person.
(viii) Sensitive Personal Information means such personal information which consists of information relating to- (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses for providing any service; and (viii) any of the information received under above clauses for processing, stored or processed under lawful contract or otherwise.
(ix) Healthcare Provider shall mean any health care provider such as doctors, nursing staff, clinics, nursing homes, medical practitioners, nutritionists, dieticians, and others who is either licensed/certified/skilled/trained to offer healthcare services and is recognized as a healthcare provider under applicable laws and who sign(s) up and register(s) as a user on the Application for using the Services. For the purposes of this Agreement, the term “Healthcare Provider” shall also refer to and include the Personnel who access the Application on behalf of the Healthcare Provider.
(x) Healthcare Provider Content shall include all content entered into and generated through the Application by the Healthcare Provider including but not limited to all entries made in pursuance of using the features available on the Application as well as the Healthcare Provider Information and includes Patient Information.
(xi) Healthcare Provider Information means information regarding Healthcare Provider which includes personal information such as first and last name, email address, mobile number, age, date of birth, gender, professional qualification, medical registration number if applicable, state where Healthcare Provider is located, email address, government ID proof, and any other information which may be provided by a Healthcare Provider through using or which may be collected by the Application when the Healthcare Provider uses the Services.
(xii) Services means the services being offered to Healthcare Provider through the Application by providing a platform through which the Healthcare Provider will be able to input and store various information regarding their Patients such as the Patient Information, as well as schedule Patient appointments, enter their diagnosis, generate prescriptions, and such other features and services as the Company may include from time to time.
(xiii) All other capitalized terms shall be defined in the context in which they are used in these Terms.
(i) Eligibility to become a Healthcare Provider:
If you wish to avail the Services available on the Application then you will have to download the Application and create an Account by registering yourself. In order to be able to register yourself as a Healthcare Provider and to use the Services, You represent and warrant that you are a Healthcare Provider and are someone who can form a legally binding contract under the Indian Contract Act, 1872 or you must be competent to contract as per the laws of the country where you reside. We reserve the right to block Your access to the Application or suspend or terminate your Account, if it is brought to our notice or if it is discovered that You are incompetent to contract or have violated any provision in these Terms or violated applicable laws in relation to Your use of the Application, Your activities on the Application and provision of service as a Healthcare Provider.
(ii) Creating an Account:
a. In order to access and use the features available on the Application and for availing Services offered by the Company, you will need to accept the Terms and “Register” or “Sign Up” to create an account (“Account”). You can create an Account by signing up and providing the required registration information such as your name, e-mail address, phone number, date of birth, gender, government ID proof, and such other information as may be required by the Company.
b. You represent, warrant and covenant that you will (a) provide accurate and complete registration information (b) use a strong password which you will use to access the Application and to keep it confidential, (c) you will keep your registration information accurate and up-to-date and (d) all the information provided at the time of registration is correct, verified and true. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
c. You shall not (i) create any Account for anyone other than yourself without such person’s prior written permission; (ii) use a username/phone number belonging to another person or entity with the intent to impersonate that person or entity; (iii) use a username, phone number or Account that is subject to any rights of a person other than you without appropriate written authorization; or (iv) use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
d. The Company, at this stage, shall provide the Application free of cost to the Healthcare Provider. The Company, at its discretion, reserves the right to charge a platform fee to You at a future date for providing the platform. In such a scenario, You will be able to use the Application upon paying the applicable platform fees to the Company solely for the purpose of access and use of the platform. It is pertinent to mention that the platform fee will be paid by the Healthcare Provider only for fees towards maintenance of the platform. ZERO Commission is charged by us from any Healthcare Provider who registers on our Platform. No “solicitation” or “advertising” is done by the Company on behalf of Healthcare Providers such as Doctors.
e. In order to use the Application and the Services being offered, you may be required to provide Healthcare Provider Information which may include Personal Information as well as Sensitive Personal Information as defined under the IT Laws of India. You agree that any information you provide/update/upload on the Application will always be accurate, correct and up to date. You shall not provide any incorrect or inaccurate information, especially relating to yourself or any Patient Information. You also undertake that you shall not provide/upload/enter any information, including Patient Information that is obtained illegally or has not been obtained with the Patients’ knowledge and consent or you believe to be incorrect or false. The treatment of the Personal and Sensitive Personal Information and other related information, shall be in accordance with our Privacy Policy accessible here _______________________.
f. You are responsible for safeguarding and maintaining the confidentiality of your Account and password and for restricting and preventing unauthorized access to your Account and are responsible for all activities that occur under your Account. You shall immediately notify the Company of any unauthorized use of your password or identification or any other breach or threatened breach of the Application’s security. If any third parties gain access to the Services by accessing your Account due to your fault and negligence, then you as the Healthcare Provider will be responsible and shall indemnify the Company against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use resulting from your negligence or fault.
a. Creating your Account: You may use the Application to create your Account and access the various features and Services available therein.
b. Patient Registration: You can register and create separate profiles for each Patient. You can also search for your Patients.
c. Record Patient information: You can enter the Patients’ medical history, drug history and personal history. You can also examine the patients and record their vitals such as blood pressure, blood sugar readings, measurements and such other information as required and store the same for present and future purposes.
d. Generate diagnosis and prescriptions: You can enter your diagnosis based on the information provided by the Patient as well as generate prescriptions based on the diagnosis.
e. Suggested Recommendations: The Application, based on the Patients’ Information recorded by the Healthcare Provider, shall provide suggestions on the probable applicable diagnosis and the recommended medications for the same. The Healthcare Provider can either choose to accept these recommendations or enter their own.
f. Schedule Appointments: You can schedule appointments with Patients and also send them notifications
g. Access to Personnel: The Healthcare Provider may give access to their Account and all information therein to the Personnel if they so desire. The Healthcare Provider shall be responsible for compliance of the Terms by their Personnel and also be liable for any breach of the Terms by their Personnel.
h. Additional services: the Company may add more services depending on what they deem necessary to further the interest of the Application and the Healthcare Provider.
YOUR CONDUCT ON THE APPLICATION
(i) You acknowledge that the Application is an informative and facilitative platform only. We are not in the business of providing healthcare or medical services. Please note that We (i) do not recommend or endorse any of the inputs, diagnosis, recommendations and advice on the Application and all featured/ suggested posts or content are a product of algorithmic permutations and not a product of the Application’s endorsed/ personalised choice, hence We undertake no liability for consequences arising from the same; and (ii) do not make any representations or warranties with respect to the effectiveness or accuracy of any such featured/ suggested content. We do not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
(ii) You may access and update your account details on the Application and hereby undertake to ensure that the account details provided are correct and complete at all times. We will not be liable for any incorrect data that has been provided by you on the Application. It is your responsibility to ensure that all information, including, without limitation, Patient Information, Personal and Sensitive Personal Information that has been captured on the Application is correct and accurate.
(iii) You will use the Application and the features therein only in relation to and in compliance with all applicable Indian laws and only in respect of the purpose mentioned herein under these Terms.
(iv) You represent and warrant that if you wish to issue any medical prescription then that must be done in compliance with applicable laws of India.
(v) In the capacity of a Healthcare Provider, you represent and warrant that You shall not use the Application:
a. for any purpose that is unlawful, illegal or forbidden by law;
b. in any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers, and / or any other user;
c. to remove any copyright and other proprietary notices contained in any content on the Application;
d. to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Application;
e. to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material.
f. in any manner other than as agreed in these Terms.
(vi) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve our right to bar any such activity.
(vii) You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the Services offered on or through the Application, by hacking, password "mining" or any other illegitimate means.
(viii) You shall not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
(ix) You shall not host, display, upload, modify, publish, transmit, store, update or share any information that —
a) belongs to another person and to which You do not have any right to;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws;
c) is harmful to minors;
d) infringes any patent, trademark, copyright or other proprietary rights(s);
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false, grossly offensive or misleading in nature but may reasonably be perceived as a fact;
g) impersonates another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) threatens the unity, integrity, 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;
j) 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
(x) You will immediately notify Us of any breach or suspected breach of the security of the Application of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Application, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
(xi) You shall not probe, scan or test the vulnerability of the Application or any network connected to it, nor breach the security or authentication measures on the Application or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other Healthcare Provider on the Application, including any account on the Application not owned by you, to its source, or exploit the Application or information made available or offered by or through it in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application.
(xii) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or our trademarks / brand names or domain name or otherwise engage in any conduct or action that might tarnish our image or reputation, or the image or reputation of other users or third parties on the Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or our systems or networks.
(xiii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on it or with any other person's use of the Application.
(xiv) You will not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to us on or through the Application or when availing any Service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(xv) You agree to ensure that neither You nor your Personnel shall use the Application in any way that violates (i) these Terms, (ii) applicable laws, or (iii) the rights of any third party.
(i) All rights, title and interest in and to the Application, including all material on the Application such as all text, graphics, button icons, images, audio and video clips, recommendations, suggestions, report/prescription formats, and software excluding the Healthcare Provider Information and the Patient Information (collectively, “Application Content”), belongs exclusively to the Company or to our licensors. The collection, arrangement and assembly of all Application Content on the Application (the “Compilation”) belongs exclusively to the Company. All software used in the Application (the "Software") is the property of the Company. The Application Content, the Compilation and the Software are all protected by Indian and international copyright laws. Through your use of the Application, by no means are any rights impliedly or expressly granted to you in respect of such works.
(i) The Company grants You a limited, non-transferable, personal, non-sub-licensable and revocable license to access and use the Application, the Application Content or any part thereof for availing the Services, but not to download any material from it (other than page caching) except as permitted by the Company, use or modify it, or any portion of it, except with express written consent of the Company. Any unauthorized access to the Application, Application Content (or any part thereof) or any networks, servers or computer systems connected to Application and any attempt to modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages of the Application, save to the extent expressly permitted by these Terms, is not permitted.
(ii) This license is non-transferable and does not permit any resale or unauthorised use of this Application or Application Content or any part thereof; any downloading or copying of account information or Application Content save to the extent expressly permitted by these Terms; or any use of data mining, robots, or similar data gathering and extraction tools.
(iii) The Application or any portion thereof (including but not limited to any Application Content, copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited, except as provided under this Agreement. Except as expressly permitted by these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, de-compilation, translation, or disassembly of the Application is strictly prohibited. The Company may terminate the Account of the Healthcare Provider if there is any unauthorized use of the Application, Application Content or any breach of the Terms by the Healthcare Provider .
(iv) The Terms do not and shall not transfer any ownership or proprietary interest in the Application or Application Content from Us to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Us and You.
(v) You are solely responsible for your conduct and any data that you enter on or via the Application i.e. Healthcare Provider Content, Healthcare Provider Information or Patient Information. We shall have no liability for your conduct in relation to your use of the Application. Violations of these Terms may result in legal consequences prescribed by applicable laws.
(vi) We provide Healthcare Provider the facility to enter and upload Healthcare Provider Information including Healthcare Provider Content. We claim no ownership rights over the Healthcare Provider Information including Healthcare Provider Content created or shared by you and we note that You own all rights, title and interest in and to the same or are duly authorised to share the same. You shall be solely responsible for your Healthcare Provider Information including Healthcare Provider Content and the consequences of entering and storing it on the Application.
(vii) The Healthcare Provider represents that the Patient Information entered/uploaded/saved by you on the Application has been done only pursuant to having received written consent from the Patients and that you have the permission to record and save the Patient Information which include Personal and Sensitive Personal Information of the Patient in the Application for computing clinical management plans, to facilitate any future visits, conducting clinical assessments and for such other purposes as available on the Application. We claim no ownership rights over the Patient Information uploaded, entered or shared by you and we note that You are solely responsible for obtaining written consent from the Patients and have the right to license the Patent Information to Us before entering/uploading their details on the Application. You shall be solely liable for violating any applicable laws governing use/sharing of the Patient Information.
(viii) You hereby grant Us a non-revocable, worldwide, royalty-free license to make use of the Healthcare Provider Information including Healthcare Provider Content and the Patient Information which includes the right to use, and process the Healthcare Provider Information including Healthcare Provider Content and Patient Information in accordance with the Privacy Policy provided on the Application and as per your preferred privacy settings and permissions granted within the Application. You further give permission to the Company to use the anonymized clinical/medical data of the Healthcare Provider and Patients for medical research for entering the Patient Information in the Application for computing clinical management plans, to facilitate any future visits and clinical assessments and such other services.
(ix) You represent that use of the Healthcare Provider Information including Healthcare Provider Content and Patient Information as contemplated by these Terms and the Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
You understand that third party services may be made available on the Application. Please note that in the event you choose to avail any such third party services that are made available on the Application, you will be absolutely and solely responsible for your interactions with such third party service providers. The Application shall not be held responsible for any lapses, shortcomings or deficiency of products/services by such third party service providers to you. The Application hereby does not endorse the products or services of any third party service providers that are made available/advertised on the Application.
a. We may collect, store, use, process and transfer to third parties information provided by you at the time of registration such as Healthcare Provider Information, or Healthcare Provider Content uploaded, entered or provided by You during the course of your use of the Application, including any Personal Information as well as Sensitive Personal Information that shall be governed by applicable data protection laws and the Company’s Privacy Policy.
b. We may access, preserve and disclose any of your information including Healthcare Provider Information, or Healthcare Provider Content uploaded, entered or provided by You if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Us or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of the Company, its Healthcare Provider or members of the public.
a. You understand and agree that the information and materials available through the Application i.e. Application Content are for informational purposes only and are not intended to constitute professional consultation/ advice, adequate diagnosis or treatment, or to substitute professional judgment. We are not responsible for the accuracy or completeness of any information available from or through the Application. You assume full risk and responsibility for the use of information You obtain from or through the Application, and You agree that we are not responsible or liable for any claim, loss, or liability arising from the use of the information.
b. We make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any Application Content, information, software, text, graphics, links or communications provided on or through the use of the Application or that the operation of the Application will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Application; and/or any interruption or errors in the operation of the Application. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising these Terms. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
c. THE ADVICE OR INFORMATION PROVIDED THROUGH THE APPLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKING DECISIONS BASED SOLELY ON THE SUGGESTIONS PROVIDED ON THE APPLICATION.
d. WE DISCLAIM ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (III) ACCESS TO OR ALTERATION OF HEALTHCARE PROVIDER INFORMATION/CONTENT OR PATIENT INFORMATION UPLOADED/ENTERED/PROVIDED BY THE HEALTHCARE PROVIDER (IV) TRANSMISSION OF DATA AND (V) ANY OTHER MATTER RELATING TO THE USE OF THE APPLICATION AND / OR SERVICES.
REPRESENTATION AND WARRANTY
THE APPLICATION IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS AND USE OF THE APPLICATION IS AT THE HEALTHCARE PROVIDER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE APPLICATION IS ACCURATE, RELIABLE OR CORRECT; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF APPLICATION IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APPLICATION.
YOU FURTHER AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, REMOTE, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND ITS USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE APPLICATION; (iii) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION CAUSED TO THE HEALTHCARE PROVIDER CONTENT, HEALTHCARE PROVIDER INFORMATION OR PATIENT INFORMATION DUE TO USE OF THE APPLICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-AAPLICATION LINKS ON THE APPLICATION; (v) ANY INACCURACIES OR OMISSIONS IN CONTENT INCLUDING APPLICATION CONTENT/HEALTHCARE PROVIDER CONTENT/PATIENT INFORMATION/THIRD PARTY CONTENT, APPLICATION CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE APPLICATION OR (vi) NETWORK, TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR THE SYSTEM WHICH MAY RESULT IN LOSS OF YOUR DATA OR BUSINESS OR MONETARY LOSS OR (vii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE APPLICATION OR (viii) EVENTS BEYOND OUR REASONABLE CONTROL OR (ix) ANY OTHER MATTER RELATING TO THE SERVICE OFFERED ON THE APPLICATION.
You agree to defend, hold harmless and indemnify the Company, its subsidiaries, affiliates, officers, agents, employees, advertisers and other partners against any and all losses, costs, expenses, damages (actual and consequential) or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use or misuse of the Application or (b) your breach of any provision of these Terms or applicable laws or (c) any breach of the representations, warranties, and covenants made by You herein or (d) or any fraud, negligence, wilful misconduct or intentional wrongdoing on your part or on the part of your employees, subcontractors and agents in performance of their obligations under these Terms or (f) as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Application or (g) your uploading/updating/entering Patient Information on the Application without their written consent as provided under applicable laws of India. You shall not settle or compromise any such matter without our prior written consent. We shall be entitled to participate in such defence through our own counsel at your cost and expense.
The Healthcare Provider hereby undertakes and agrees not to disclose or attempt to use or personally benefit from any non-public/confidential information that he/she may learn on the Application, without the express prior written consent of the Company. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify the Company and cooperate fully with the Company in protecting such information to the extent possible under applicable law.
We reserve the right, in the event you breach these Terms stipulated herein, to suspend and/or terminate your access to the Application with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Application. Upon suspension or termination, your right to procure the Services on the Application shall immediately cease and We reserve the right to remove or delete your information that is available with Us, including but not limited to login and account information.
(i) These Terms along with your use of the Application is governed by and construed in accordance with the laws of India. Any dispute arising out of the Terms shall be subject to jurisdiction of courts of Delhi in India.
(ii) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments.
(iii) The venue and seat of such arbitration shall be Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
(iv) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Name: Dr. Aruna S Venu
E-mail: grievance@clinally.com
a. Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and Us and governs your access and use of the Application.
b. Advertisement: We shall have the right to place advertisements and publicity materials of our choice, including that pertaining to parties other than ourselves for commercial use through electronic means on the Application.
c. Binding Nature: This Agreement shall be binding upon you and Us and your successors-in-interests and permitted assigns.
d. Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
e. Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
f. Assignment: You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. The Company may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any person or entity.
g. Each Party acknowledges: (a) having fully read the Terms in its entirety; (b) having had full opportunity to study and review the Terms.
If you have any questions or concerns regarding these Terms or for any technical support, please contact us at info@clinally.com.
These Terms were last updated on: 28 February, 2022
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