Friday, October 19, 2018

This Terms of Use is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to “Website” (defined hereinafter); “Application” (defined hereinafter) and the “Services” (defined hereinafter). No physical or digital signature is necessitated in order to validate this Agreement.

In this Agreement, the Website and the Application shall be collectively referred to as “Click2Clinic Platform”.

CLICK2CLINIC HEALTHCARE Inc. (“Click2Clinic”, “we”, “us” or “our”) is a pioneering, technology-powered integrated healthcare aggregator service provider with a unique model enabling delivery of the complete spectrum of healthcare services utilizing its virtual platform and/or the mobility platform (“Click2Clinic Platform”). The various health and wellness services offered through Click2Clinic Platform include Telemedicine (“C2C Health Call App”), Home Visit Doctors / Nurses / Physiotherapists; Diagnostics Sample Collection at Home, Home Delivery of Medicines, Hospital Admission Facilitation to C2C Network hospitals and such other services as may be provided from time to time (“Services”). You may use our website www.click2clinic.com (“Website”) or our mobile application Click2Clinic-Doctor (“Application) to avail our services.

The Services offered through Click2Clinic Platform are subject to the following terms and conditions:

1. INTRODUCTION
The Services provided by Click2Clinic includes health and wellness services at the doorstep of the customers and convenience through multiple platforms including the internet, mobile and telephone (“Third Party Service Providers”).

Services offered through Click2Clinic platform are subject to the terms of our Website /Application, policies `{`i.e. Terms of Use, Privacy Policy, Cancellation and Refund Policy etc.`}` (“Policies”), available at our Website and Application. By contacting Click2Clinic for the Services or availing the Services or by registering with us, now or in the future, you (“you”, “your”, “yourself” or “user”) signify that you agree to these Terms of Use (“Terms”) and the Policies.

The Terms applies to every user who uses or accesses the Services of Click2Clinic. It also applies to any legal entity which may be represented by you under actual or apparent authority.

The Policies are subject to modifications, at the sole and absolute discretion of Click2Clinic. Further, Click2Clinic may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. Changes to the Policies or addition of new policies shall be notified on the Website / Application. Click2Clinic may also intimate the changes to the Policies, through e-mail, messages and / or post, as per the details provided by you. Please make sure that you provide a valid email-id, mobile number and contact information and you update it as and when there is a change. Click2Clinic does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Click2Clinic behalf unless such transfer is legally required. Similarly, it is against Click2Clinic policy to sell Personal Information collected online without consent. You understand that your use of the Services after any changes to the Policies or addition of new policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us @ `{`•`}` or by reaching us @ `{`•`}`.

For the purpose of this Term, “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home.

2. AGREEMENT
You agree that by clicking “Join Now” “Join Click2Clinic”, “Sign Up” or similar, registering, accessing or using our services (including Click2Clinic, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).

This “Agreement” includes the User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as starting a “Group,” downloading one of our software applications), as may be amended by Click2Clinic from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or any other similar option) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

3. SERVICE ELIGIBILITY
To use the Services, you agree that:

you must be a “Major” (defined below);
you will only have one Click2Clinic account which must be in your real name; and
you are not already restricted by Click2Clinic from using the Services.
“Major” means the age of majority according to Indian Majority Act, 1875.

4. MEMBERSHIP

As between you and others, your account belongs to you. You agree to:

try to choose a strong and secure password;
keep your password secure and confidential;
not transfer any part of your account (e.g., connections, groups); and
follow the law and the Dos and Don’ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.

5. PAYMENT

If you purchase any of our Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how tocancel or change your Premium Services and read about Click2Clinic’s refund policy.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
6. NOTICES AND SERVICE MESSAGES

You agree that we may provide notices to you in the following ways:

a banner notice on the Service, or
an email sent to an address you provided, or
through other means including mobile number, telephone, or mail. You agree to keep yourcontact information up to date.
7. MESSAGES AND SHARING

Information and content that you share or post, may be seen by other Members, or if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing to a group instead of your network, changing the default setting for content from public to a more restricted view, limiting your profile visibility, or not letting people know when you change your profile). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

8. RIGHTS AND LIMITS

8.1 Your License to Click2clinic

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honor the choices you make about who gets to see your information and content.

As between you and Click2Clinic, you own the content and information that you submit or post to the Services and you are only granting Click2Clinic the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except:

to the extent you shared it with others as part of the Service and they copied or stored it and

for the reasonable time it takes to remove from backup and other systems.

We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.

We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and / or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.

While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. By submitting suggestions or other feedback regarding our Services to Click2Clinic, you agree that Click2Clinic can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law or anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Click2Clinic may be required by law to remove certain information or content in certain countries.

8.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

Click2Clinic is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

8.3 Other Content, Sites and apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Click2Clinic generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.

You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Click2Clinic account, that app or site can access information on Click2Clinic related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Click2Clinic is not responsible for these other sites and apps — use these at your own risk.

8.4 Limits

Click2Clinic reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Click2Clinic reserves the right to restrict, suspend, or terminate your account if Click2Clinic believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don’ts).

Click2Clinic reserves all of its intellectual property rights in the Services. For example, Click2Clinic, Click2Clinic (stylized) logos and other Click2Clinic trademarks, service marks, graphics, and logos used in connection with Click2Clinic are trademarks or registered trademarks of Click2Clinic. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

9. DISCLAIMER AND LIMIT OF LIABILITY

9.1 No Warranty

TO THE EXTENT ALLOWED UNDER LAW, CLICK2CLINIC (AND THOSE THAT CLICK2CLINIC WORKS WITH TO PROVIDE THE SERVICES)

DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND
PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

9.2 Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CLICK2CLINIC HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), CLICK2CLINIC (AND THOSE THAT CLICK2CLINIC WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

10. TERMINATION

Click2Clinic or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;
Members’ and / or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.

11. DISPUTE RESOLUTION

This Agreement shall be governed by the laws of India and in case of any dispute between you and Click2Clinic, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.

12. GENERAL TERMS

If a court with authority over this Agreement, finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Agreement, that does not mean that Click2Clinic has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Click2Clinic may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided under.

13. Click2Clinic “DOs” and “DON’Ts.”

DOs. You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
DON’Ts. You agree that you will not:

Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Click2Clinic);
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on Click2Clinic;
Misrepresent your current or previous positions and qualifications;
Misrepresent your affiliations with a person or entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Invite people you do not know to join your network;
Use or attempt to use another’s account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plug-ins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of Click2Clinic, including, without limitation, using the word “Click2Clinic” or our logos in any business name, email, or URL;
Use Click2Clinic invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Click2Clinic;
Send messages to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on Click2Clinic in connection with a competitive service (as determined by Click2Clinic);
Copy, modify or create derivative works of Click2Clinic, the Services or any related technology (except as expressly authorized by Click2Clinic);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by Click2Clinic without our express consent (e.g., representing yourself as an accredited Click2Clinic trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Sell, sponsor, or otherwise monetize a Click2Clinic Group or any other feature of the Services, without Click2Clinic’s consent;
Deep-link to our Services for any purpose other than to promote your profile or a Group on Click2Clinic, without Click2Clinic’s consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from Click2Clinic without the consent of Click2Clinic;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by Click2Clinic, such as its mobile applications, Click2Clinic.com;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate any applicable laws or the Terms of this Agreement or any other policy of Click2Clinic.
14. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

15. How To Contact Us

In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Website:” font_size=”15″]