Terms and Conditions
TERMS AND CONDITIONS OF USE
"You", "Your", “User” refers to you, the person using the Services. All terms refer to the offer, acceptance and consideration of payment necessary to facilitate the Services in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. By becoming a registered user, you agree to be contacted by Klinikals or its affiliates via communication modes including but not limited to email, SMS, and telephonic calls. The User understands that this Service may, at certain times be offered by Klinikals though its associates/ partners.Definitions:
The following words and phrases shall have the meanings as defined hereunder
a. “Application” or “Mobile Application” refers to Klinikals” mobile application owned by Klinikals which can be downloaded from iOS App Store and Google Play store for iPhone & Android mobile operating systems respectively to facilitate the User to purchase Products (including services) offered by Klinikals directly and/ or by various trusted partners of Klinikals
b. "Intellectual Property" shall mean any creations and inventions, which have been acquired, are in the process of being acquired or capable of being acquired as patents, copyrights, trademarks, trade secrets and other types of Intellectual Property.
c. "Mobile Phone Number" shall mean the number registered in India specified by the User while registering the application.
d. "Personal information" shall mean such information about the User provided to Klinikals, necessary to facilitate the Services.
e. ‘Products’ shall mean to include drugs except Schedule ‘X’____ (when validated by a prescription by licensed medical), healthcare products etc that are offered by Klinikals or by any of its trusted partners For the purpose of this Terms practioner and Conditions the term ‘Products’ shall also include services in relation to health care services .
f. “Services” shall mean the services offered by Klinikals through the Mobile Application, designated Whatsapp number, e-mail or call center its internet based web portal (www.klinikals.com) to sell its Products, as may be updated from time to time, as more specifically mentioned under clause 2.
g. "User/ You" shall mean any person residing in India, who is of majority age (18 years or more) who has downloaded the Mobile Application/ used the website / accessed our services
through Whatsapp, e-mail/ call center and is willing to access and avail the Services in accordance with the Terms and Conditions contained herein.
a. The Mobile Application/ website is a platform to facilitate the Registered User to view, access and use the platform to order Products. Klinikals is working on incorporating new features to the Application to provide You with a one-stop platform for all Your health care needs. You shall be intimated on the same , as and when they are made available.
2. Your Klinikals username and password are personal to you. You shall not transfer your account to any third party(ies) and you shall be accountable for the activities associated with your account with Us.
We shall, under no circumstances be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your account, you shall immediately notify Us.
3. The Mobile Application, website and the Services are intended solely for your private use. You understand that we shall process any order placed by You subject to verification of your details and genuineness of the information provided by you including the medical prescription uploaded or emailed by you or provided by you to Klinikals in physical or any other electronic medium
4. You shall be responsible for the correctness and accuracy of the information provided to Klinikals through the use of the Services or by any other means. You hereby accept that in case of any discrepancy in the information provided by you, the onus shall solely lie upon you and Klinikals shall not be liable for any and all losses/ risk that you may suffer/ face as a result of providing inaccurate information to Klinikals.
5. You understand and agree that the information provided by You for accessing the Services (irrespective of the type of service that You use)is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease. We are not liable for any adverse effects or harm to You as a result of Your reliance on the information displayed in the Mobile Application/ website/ provided over the call center or by email or any other medium.
6. The information available on the Mobile Application/ website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions that you may have about your medical condition. Please note that We do not endorse any views or opinions that may be included in the Mobile Application/ website, or other information provided through our Services
7. All our Product prices include all applicable statutory taxes. GST will be imposed as per existing government rates. You will be charged convenience fee as per existing rates mentioned in the Application or through Call center discussion at the time of purchase and may change from time to time, and may vary in accordance with the Product ordered and Klinikals has all authority to change the same without any prior intimation to user. Orders above a certain threshold amount may be
delivered free of charge. You will be notified of the same in the Application or through Your interaction with our call centre. Discounts applicable for Products are as per Partner or Klinikals offer & may vary from time to time and shall be notified in the Application or through Your interaction with our Call Center.
8. You shall be entitled to use the Application free of charge for a period of 3 months from the date of registration. After the expiry of the said period, You may choose to opt for various subscription categories like Silver / Gold / Platinum. Details of the Subscription will be communicated to You prior to the completion of free usage period
9. Delivery times may vary depending on the delivery location as well as the type of Product you order/ the service that You avail. Delivery timelines as per normal course and conditions precedent for a delivery to be successful are listed below:
a. Pharmacy Purchases:
i. Delivery of drugs ordered: Within appropriate timeline mentioned in the order confirmation communication However, the same shall applicable provided the order is placed between 8 am to 8 pm
ii. Quality Check of Drugs before packaging: Bill of Quantity, Prices & Discounts, Package quality & Expiry Dates
iii. One Time Password process at the time of Delivery to consumer to avoid delivery of drugs to wrong hands
iv. Availability of digital scanned copies of /our Prescription & associated medicine purchase bills for the drugs ordered through the Application for consumers to access them any time, any where.
b. Lab Services:
i. Sample collection at scheduled time slot, as may be opted by You
ii. Vital Checks before Sample collection
iii. Rechecks on the ordered Lab tests before sample collection
iv. Temperature controlled transportation of Samples
v. Barcode integration tagging at Consumer place to enable associated Lab recognize the tests Ordered
vi. Same day delivery of reports provided the sample collection is done before 12 noon, but may vary depending on the nature of the test, since reports for certain tests may require additional time. Availability of the Lab test reports and associated Lab Bills digitally to enable You to access them any time, any where
10. After confirming an order You can make payment in accordance with the payment option chosen by You at the time of placing the order. Bank charges, as applicable in accordance with Your bank policy may be imposed on Your order.
12. In case of scheduled drugs, You are required to upload a clear scanned copy of the medical prescription issued by a recognized medical practitioner. Your order shall be confirmed subject to verification of Your prescription. You must ensure that the prescription uploaded by you through the Service, should be free of any spyware, malware, virus, error or any other content which is harmful to the Mobile Application/ website and/or any system, software, server, etc.
13. You shall not, while using the Service, upload, download, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
14. We have no obligation to initiate or proceed with any order placed by you if: (a) we are unable to obtain satisfactory evidence of your identity; (b) we have reason to believe that the details provided by You is incomplete, incorrect, or forged; (c) we fail to obtain payment for the order. We do not accept any liability for damages resulting in delay of processing/ delivery of order due to any of the above reasons.
15. You understand that any refunds shall only be in the form of ‘klinikals cash credit’ that can be utilized during future purchases. You shall be entitled to cancel an order, provided delivery has not been initiated for the said order. You understand that Schedule ‘X’ Drugs are not available for sale on Klinikals platform. All Schedule ‘H’ drugs can be ordered only against availability of valid prescription from a Licensed Practitioner.
16. Please note, while Klinkals is an Online Market Place where there is an aggregation of available healthcare service providers employing hyper-local concept, our partner and their associated manufacturer or services partner will be the sole owner of the technical quality of the products & services offered. The role of Klinikals to ensure technical quality shall be on a best-effort basis.
17. You authorize Klinikals to access your account and the personal details registered while authentication of Application for availing the Services including effecting banking or other transactions performed by you through the Mobile Application/ website. You further authorize Klinikals to disclose to its associates/ partners or any other third party (subject to a need-to-know basis), all user information in your possession, as may be required by them to provide the services offered to you.
18. Upon delivery of Your order, You shall be prompted for a One Time Password (OPT), that has to be provided to the person delivering Your order to ensure that the order is being delivered to the correct person. In case, You have opted for a laboratory related service, You will be prompted for an OTP, that will be required to be verified before drawing Your sample.
19. We will not be liable if we fail to perform the Services or breach this agreement because of abnormal or unforeseeable circumstances outside our reasonable control, which may include, for example, act of God, strikes, industrial action, problems with another system or network, mechanical breakdown,
equipment failure, data processing failures, government or government agency policy or other Force Majeure events. We shall endeavor to give you notice of any anticipated delays by notice at our locations. In no circumstances we shall indemnify any losses or damages which arise to you as a result of the above situations.
20. WE MAY HAVE TO INCLUDE SOME POINTS ON PRIVACY OF INFORMATION OF USERS…
21. The Mobile Application/ website, the content and software on it, or provided to you through it are protected by copyright, trade mark and other Intellectual Property that are owned by, or are licensed to Klinikals. You are permitted to save the contents, to download and print a hard copy for Your personal use or for obtaining products or services from Us provided You do not alter or remove any of the content or any part of the Mobile Application/ website without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
22. You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of this website or the materials or software on it, or provided to you through it without our prior written consent (which consent may be withheld in our absolute discretion). You are hereby cautioned not to:
a. Use any device, software, file or mechanism which may interfere with the proper operation of this website or our systems
b. Establish a link to this Mobile Application/ website from any other website, intranet or extranet site without our prior written consent.
c. Decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this Mobile Application/ website
23. We may, from time to time, provide links from this Mobile Application/ website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.
24. We at our sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Service, at any time. You agree that any termination of your access to the Service or suspension of your account may be effected without prior notice, and you agree that We shall not be liable to you for any such termination. Your right to use the Service immediately ceases upon termination of your access/use.
25. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. (A) KLINIKANLS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS AND NON-INFRINGEMENT; (B) KLINIKALS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, , (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (C) THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KLINIKALS OR THROUGH OR FROM THE MOBILE APPLICATION/ WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS & CONDITIONS.
26. You agree to indemnify and hold us and our respective affiliates, subsidiaries, officers, agents, co-branders and other partners, directors, and employees, harmless from any claim or demand, including
but not limited to reasonable lawyers' and legal fees, made by any third party due to or arising out of your use of this Service, your connection to the Service, your violation of the any terms of this agreement, or your violation of any rights of another.
27. IN NO EVENT, UNDER ANY CIRCUMSTANCE KLINIKALS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY LOSSES OR COSTS OR DAMAGES OR BUSINESS LOSSES (INCLUSIVE OF LOSS OF OPPORTUNITIES) THAT YOU SUFFER.
28. DESPITE ANYTHING ELSE CONTAINED IN THIS TERMS & CONDITION, KLINIKALS’S CUMULATIVE LIABILITY FOR ALL LOSSES, , OR DAMAGES CAUSED DIRECTLY AS A RESULT OF ANY DEFAULT, NEGLIGENCE OR WRONGFUL ACT BY KLINIKALS ARISING OUT OF OR RELATED TO THE SERVICE , SHALL BE UP TO A MAXIMUM OF THE ACTUAL AMOUNT PAID BY THE CUSTOMER (THE TRANSACTION UNDER DISPUTE).
29. To the extent permitted under the local law, you agree that the services provided by Klinikals and any dispute, controversy or claim arising out of or related to the Services shall be governed by and construed in accordance with the laws of India. The courts at Chennai, Tamil Nadu shall have jurisdiction on all matters related to the Service and this agreement. You agree that you may bring claims against Klinikals only in your individual capacity and not as a class member in any purported class or representative proceeding. Nothing contained in this Terms and Conditions is intended to confer nor shall confer upon any person, other than the parties here to, any rights to enforce any term of this T&C or any benefits or remedies of any kind or character whatsoever, and no such person shall be deemed a third-party beneficiary under or by reason of this agreement.
30. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
31. We maintain records of your orders to the extent required under applicable law and update the same on a continuing basis. You may request for access to your personal information or ask for the details to be corrected or updated by writing or emailing us and we shall give the information or update our system provided the verification check performed by us is satisfactory.
32. We may use your contact details and information about your use of our Services (e.g. frequency, products ordered/ services used etc) for marketing purposes to send you offers promotions or information about additional products and services of Klinikals that may be of interest to you. You may “opt out” or withdraw consent to the use and/or disclosure of your personal information for the purposes described in this section at any time by checking the appropriate box on an online or offline form, If you do not “opt out” or withdraw your consent as described above, we will assume that you consent to our use and disclosure of your personal information for marketing and solicitation purposes as described in this section.
Terms and Conditions for Online Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Klinikals Information Systems Private Ltd. for making payments through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service provider, through Klinikals website i.e. www.klinikals.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
Please be aware, however, that Klinikals will release specific personal information about the User if required to do so in the following circumstances:
in order to comply with any valid legal process such as a search warrant, statute, or court order, or if any of User’s actions on Klinikals’s website violate the Terms of Service or any of Klinikals’s guidelines for specific services, or to protect or defend Klinikals’s legal rights or property, the Klinikals site, or Klinikals Users; or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of Klinikals website/offerings.
General Terms and Conditions For Online-Payments
Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on Klinikals’s website or alternatively enter <his/ her consumer number and order number and pay their latest bill(s) in any other manner as may be specified by Klinikals from time to time.
Klinikals's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Klinikals’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Klinikals with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Klinikals.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
These Terms and Conditions constitute the entire agreement between the User and Klinikals. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Klinikals. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The entries in the books of Klinikals and/or the Payment Service Providers kept in the ordinary course of business of Klinikals and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Klinikals with his/ her claim details and claim refund from Klinikals alone. Such refund (if any) shall be effected only by Klinikals via payment gateway or by means of a demand draft or such other means as Klinikals deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or net banking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
Refund for fraudulent/duplicate transaction(s): The User shall directly contact Klinikals for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Klinikals alone in line with their policies and rules.
Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Klinikals via e-mail or any other mode of contact as provided by Klinikals to confirm payment.
(ii)n case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
Limitation of Liability
Klinikals has made this Service available to the User as a matter of convenience. Klinikals expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Klinikals reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
Klinikals and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Klinikals and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
Klinikals and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
The User shall indemnify and hold harmless the Payment Service Provider(s) and Klinikals and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that Klinikals or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Klinikals’s reasonable control.
Miscellaneous Conditions :
Any waiver of any rights available to Klinikals under these Terms and Conditions shall not mean that those rights are automatically waived.
The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Klinikals or the Payment Service Provider(s) have no control over such matters.
Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Klinikals does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
Klinikals, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Klinikals on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Klinikals will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Klinikals account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
Debit/Credit Card, Bank Account Details
The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
The User may pay his/ her bills to Klinikals by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
The User is authorizing debit of the nominated card/ bank account for the payment of bills selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
The User agrees that, to the extent required or permitted by law, Klinikals and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Klinikals. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay bills online. Klinikals or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.