Terms of Use

This document is an Electronic Record under the Information Technology Act, 2000 and the Rules made thereunder. This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that requires the publishing of Rules and Regulations, Privacy Policy and the Terms of Use.

Please carefully go through the Terms and Conditions and the Privacy Policy before browsing through the website or availing services of the website. The Terms and Conditions and the Privacy Policy together form a legally binding Agreement between the User and Ohealer Healthcare Services Pvt. Ltd.

The domain name www.clinikk.com and the mobile application Clinikk (collectively referred to as the ‘Website’) are owned and managed by Ohealer Healthcare Services Private Limited (referred to as “Clinikk”). The term ‘CLINIKK’, ‘Company’, ‘us’, ‘we’ or ‘our’ refers to Ohealer Healthcare Services Private Limited. The term ‘User’, ‘You’ or ‘Your’ refers to a consultant, including medical practitioners, and/or health care provider enlisted on the website; a patient, their representatives or affiliates; any person in need of healthcare services; and/or any user or viewer of this website.

By accessing the website, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to abide by them. If you do not agree to any of the terms, you may choose not to use the website. In case of any queries, contact us at support@clinikk.com.

Membership Eligibility

The membership of Clinikk and the use of services of Clinikk are available only to persons who are Majors (persons above the age of 18 years) under the Indian Law and persons who are capable of forming a valid contract under the Indian Contract Act, 1872. In the case where the services of Clinikk are to be availed for a minor, the terms and conditions are to be complied with by the parent/guardian of such minor. Clinikk reserves the right to terminate your membership if it is discovered that you are a minor or a person incompetent to contract.

Account

Access to the website is free and does not require disclosure of any information. However, to use the services of the website, you may be required to furnish certain information. It shall be your sole responsibility to maintain the confidentiality of your username, password and other personal and sensitive data. You shall be fully responsible for maintaining the confidentiality of your account information at all times, and you are solely responsible for all the activities under your account.

In the event of any breach of security of your account information, it shall be your responsibility to notify Clinikk at the earliest. In case of loss of confidential and personal information or any breach of security, inform us by sending a mail to support@clinikk.com.

You shall not have more than one active account on the website. Further, you are barred from selling or otherwise transferring your account to another person.

Controlling Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

• While registering the account, we indicate which fields are mandatory and which fields are optional. You are free to not disclose the information that is not mandatory.
• If you have previously agreed to use your personal information for promotional purposes, you may withdraw such consent at any time by writing to or emailing us at support@clinikk.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

User Obligations

You shall ensure that the Account information furnished by you is true, accurate and complete. Clinikk reserves the right to indefinitely suspend or terminate the User account or block access to the website in the event Clinikk has reasonable grounds to suspect that the information furnished by you is false, inaccurate, inadequate and incomplete.

Clinikk reserves the right not to provide its services when the information provided:

• Belongs to another person and to which the user does not have any right
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, or invasive of another person’s privacy
• Harms minors in any way
• Infringes patent, trademark, copyright, or other proprietary rights
• Violates any law for the time being in force
• Contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource
• Threatens the unity, integrity, defence, security or sovereignty of India

In addition to the above, users further undertake not to:

• Violate the terms and conditions of this Agreement
• Impersonate another person or reverse engineer any part of the website
• Make any unsolicited communication to other users of the website
• Intentionally submit any false, inaccurate, inadequate, fraudulent and incomplete information
• Use the services under this website for commercial purposes or for profit without prior permission of Clinikk

Obligations — Medical Practitioners

Clinikk enables medical practitioners/healthcare providers to connect with patients. The medical practitioners/health care providers represent and warrant that:

• He/she is a qualified medical practitioner/health care provider recognized in India
• Has all the necessary qualification, license, and experience to practice as a medical practitioner/health care provider in India
• Will take all reasonable measures to keep the license in force
• He/she will provide complete, true and correct information to Clinikk about their qualification, practice and other credentials
• He/she will ensure utmost care, caution, skill, and ability while treating patients and providing health care services
• He/she will abide by the medical regulations set by the concerned authorities from time to time
• He/she will not solicit the patients of Clinikk
• He/she agrees and accepts all responsibility and liability for the services rendered and agrees to indemnify Clinikk for any claim, loss or damage
• He/she agrees to maintain the highest level of confidentiality of all information provided by the patient at all instances

Warranties

Neither we nor any of our licensors or service providers make any kind of warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.

Limitation of Liability

Clinikk disclaims all liability for:

• Any error or inconvenience caused by the medical practitioner/health care provider in providing services
• Any negligence or misconduct of the medical practitioner
• Wrong prescription or treatment protocol set by the medical practitioner
• Cancellation or rescheduling of appointment either by the patient or by the medical practitioner/health care provider
• Any medical consequences subsequent to the use of services under Clinikk

In addition to the above, Clinikk or any of its officers, administrators, directors, employees, agents or service providers shall not be liable, directly or indirectly, for any direct, indirect, remote or consequential damage, loss or claim arising out of the user’s use of the website or availing of services thereunder.

Intellectual Property

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction, in any manner, is prohibited without obtaining prior authorization from Clinikk and/or from the third-party owners of such content.

Unless otherwise provided, Clinikk holds all the intellectual property, the proprietary rights and rights and interests in the copyright, related rights, trademark, know-how, goodwill, and any other form of intellectual property right in the services provided by Clinikk. Any use of the services provided by Clinikk for commercial purpose without prior permission of Clinikk shall amount to infringement and attract legal action.

Reporting

If you are the legal owner of any intellectual property and have sufficient grounds to believe that your intellectual property has been infringed by any of the content on the Website, please send an e-mail to support@clinikk.com with the following details:

• Your full name and contact details
• Identification and detailed description of the intellectual property that has been infringed
• Details of proof along with the necessary documents
• A statement that you have bona fide reason to believe that the use of content in question is not authorized
• A statement that the information provided is correct, accurate and complete

Payment Related Information

There are no fees or charges levied for the use or browsing of the website. However, there may be certain charges levied for using the website or availing certain services. Clinikk reserves the right to change the Fee Policy from time to time and the same will be notified on the Website.

It shall be your responsibility to provide the correct information required by the Bank Payment Gateway to process your payment. Clinikk shall NOT be liable for any loss or damage due to unauthorized usage of credit/debit card or Bank Account information.

If, by any chance, you make the payment twice for the same product or service, then send an e-mail to support@clinikk.com and our team shall look into the issue. If found that multiple payments have been made, the repetitive payment shall be refunded to your account within 14 working days.

Links to Other Websites

From time to time, this website may contain links to other websites of interest. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites. Once you have used these links to leave our site, we do not have any control over such other websites and cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites.

Severability

If any term of this Agreement is or becomes to any extent invalid, illegal or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality or unenforceability and all other terms thereof shall remain in full force and effect.

Waiver

The failure of Clinikk to require strict performance of any clauses of this Agreement, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by Clinikk of such right or remedy.

Jurisdiction

Your use of this website and any dispute arising out of such use of the website is subject to the Laws in force in India. The place of Jurisdiction shall be exclusively in Bangalore.

Grievance Redressal

Clinikk takes utmost care to ensure the best in industry services to all its users and patients. Any grievance, in spite of the best efforts of the Clinikk team, may be reported at grievances@clinikk.com and the same will be governed by Clinikk’s Grievance Redressal Policy.