Terms & Condition
THESE TERMS AND CONDITIONS OF USE GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CLEPIOS HEALTH MOBILE APPLICATION (“CLEPIOS APP” OR “APP”).
NEITHER THIS WEBSITE NOR THE CLEPIOS APP DOES OR IS INTENDED TO PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE. CLEPIOS HEALTH (AS DEFINED BELOW) IS NOT A MEDICAL PROVIDER OR INSURANCE COMPANY OR AN AFFILIATE OR SUBSIDIARY OF ANY MEDICAL PROVIDER, MANAGED CARE PLAN, OR INSURANCE COMPANY.
A. Overview.
Your use of this website and the Clepios App is subject to the following Terms and Conditions of Use. These Terms and Conditions of Use, along with the preceding Privacy Policy, form an agreement regulating your relationship with CLEPIOS HEALTH INDIA PRIVATE LTD., an Indian corporation and subsidiary of CLEPIOS HEALTH INC., a Delaware (USA) corporation (“Clepios Health™”) with regard to your use of its services by you. By accessing, browsing or using this website and the Clepios App, you acknowledge that you have read and understood these Terms and Conditions of Use and agree to be bound by them in accordance with all applicable laws and regulations.
These Terms and Conditions of Use are subject to change and Clepios Health may, without prior notice to you and at any time, revise them and any other information contained in this website and on the App. Except where additional terms and conditions are provided that are specific to a designated feature of the App, these Terms and Conditions of Use supersede all other or previous representations, understandings or agreements.
Under the Information Technology Act, 2000, this document is an “electronic record” and does not require any physical signatures to be a legally binding agreement.
B. Eligibility
Use of this website and the App is available only to persons who can form legally binding contracts under applicable law. Persons who are ‘incompetent to contract’ within the meaning of Section 11 of the Indian Contract Act, 1872 are not eligible to use this website or the App. Currently, that law, by reference to the Indian Majority Act, 1875, provides that the age of majority is 18 years of age. Parents, however, may register their minor children on the App and those children, when they reach the age of majority may use the App on their own.
C. Intellectual Property Rights.
Clepios Health grants you a non-exclusive and non-transferable limited permission to access the web pages within this website and, if you register, to use the App. Clepios Health does not grant you any express or implied rights or licenses under any patents, trademarks, designs, copyrights or other proprietary or intellectual property rights.
D. Registration and Creation of Your Account.
You can download the Clepios App either directly from the App Store or the Play Store or from our website, which provides a link for downloading the Clepios App to your mobile phone and registration of your account with Clepios Health. In order to register to use the Clepios App, a patient will be required to provide information such as his or her name, gender, date of birth, contact phone number and e-mail address, height, weight, medical history and other personal information. If you are a physician, pharmacy, laboratory, or imaging center, you will be asked to provide your personal information as well as the name of your practice or facility, address, phone number, hours of operation, specialty, and similar business information.
Both patients and health care providers will be given the opportunity to choose a password. Your e-mail will be your username. Before accessing the Clepios App, you will be required to accept these Terms and Conditions of Use. As a final registration step, we will send you two one-time access codes, one each by text and e-mail.
As regards the information provided by you on the Clepios App, you may review and update it as and when desired. You are requested to provide accurate and correct information. Clepios Health shall not be responsible for the authenticity of the information or data supplied by our users.
Your Clepios Health account is personal to you and may not be transferred; provided that a parent may transfer the password and account of a minor child to that child when the child reaches the age of majority.
E. Usage Fees.
Clepios Health may charge fees for use of its services and the App, which shall be due and payable in such amounts, at such times, and through such payment facilities as are described on this website and in the App.
F. Restrictions on Usage.
Users shall not display, upload, modify, publish, transmit, update or share any information on the App that
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- 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 towards any other nation.
G. Confidential and Personal Information.
Any information that is required to be collected or stored by Clepios Health on the App shall be kept confidential in accordance with the provisions of our separate Privacy Policy. In addition to the same, the provisions of the Information Technology Act, 2000 and Rules thereunder shall be applicable to the use of the website and App.
H. Health Care Services.
All of the doctors and other health care providers who are registered users of the App are independent professionals solely responsible for the services each of them provides to their patients. Clepios Health does not engage in the practice of medicine. Clepios Health does not endorse any specific doctor or other health care provider on the App, nor guarantee the quality or value of the services you may receive from them. You are solely responsible to pay them directly for their services.
I. Termination of Services.
Clepios Health reserves the right to suspend or terminate your access to services on the App if you violate these Terms and Conditions (including uploading patently offensive material) and, after a ten (10) day notice from Clepios, fail to cure the violation. In such case, Clepios may also delete any offending content from your account as it determines in its sole discretion. The suspension or termination of your access to the App does not abrogate your obligations under sections H, M and O of these Terms and Conditions, nor the limitations of sections C, J, K, and L, which shall survive.
J. Disclaimer of Warranty.
USE OF THIS WEBSITE AND THE APP IS AT YOUR SOLE RISK. ALL INFORMATION AND SERVICES PROVIDED ON THE WEBSITE AND MOBILE APPLICATION ARE ON AN ‘AS IS’ BASIS. CLEPIOS HEALTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS THAT THIS WEBSITE OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. INFORMATION ON THIS WEBSITE AND THE APP IS NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT OR COMPLETE, AND WHILE CLEPIOS HEALTH MAKES ITS BEST EFFORT TO ENSURE ACCURACY OF THE INFORMATION, DATA AND GENERAL CONTENT, THIS WEBSITE AND THE APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CLEPIOS HEALTH ASSUMES NO RESPONSIBILITY FOR UPDATING THIS WEBSITE OR THE APP TO KEEP INFORMATION CURRENT OR TO ENSURE THE ACCURACY OR COMPLETENESS OF ANY POSTED INFORMATION. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS OR OTHER MATTERS DESCRIBED IN THIS WEBSITE OR ON THE APP.
K. Limitation of Liability.
IN NO EVENT WILL CLEPIOS HEALTH BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR THE APP OR ANY USE OF THIS WEBSITE OR THE APP, OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEBSITE OR THE APP. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES, AND INCLUDES DAMAGES FOR LOSS OF DATA, REVENUE OR ANTICIPATED PROFITS, BUSINESS, OR REPUTATION, OR LOSS BY THIRD PARTIES. IF THIS LIMITATION OF LIABILITY IS UNENFORCEABLE BY LAW, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE USER FEES PAID BY YOU FOR USE OF THE APP DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVNG RISE TO THE LIABILITY.
L. Force Majeure.
In addition to any other limitation of liability stated herein, you understand and agree that Clepios Health will not be liable for any loss or damage with respect to the use of this website or the App (i) which is the result of Clepios Health being unable to perform its obligations for events not reasonably within the control of Clepios Health, (ii) which is not a result of the fault or negligence of Clepios Health, or (iii) which occurs despite all reasonable attempts of Clepios Health to avoid or mitigate the same, and shall include without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, pandemics, plagues, terrorist attacks, accidents, acts of any government authority, strikes, and employee difficulties.
M. Indemnification.
You agree to release, indemnify and hold harmless Clepios Health, its affiliates, and all of its and their officers, directors, members, employees, and agents from and against all actions, claims, costs (including attorney fees and court costs) incurred by any of them arising out of or in connection with your use of the App or failure to comply with the Privacy Policy or these Terms and Conditions of Use.
N. Applicable Law.
These Terms and Conditions of Use shall be governed by the laws of India.
O. Dispute Resolution.
If any dispute arises between you and Clepios Health during your use of this website or the App, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Privacy Policy or these Terms and Conditions of Use, you agree to first attempt to resolve it through informal negotiations with Clepios Health. If that fails, the dispute shall be decided by a sole Arbitrator appointed by Clepios Health in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The place of arbitration shall be Chennai and the language shall be English.
P. Other Terms.
The failure of Clepios Health to enforce any right or failure to act with respect to any breach by you under these Terms and Conditions of Use will not waive its right to act with respect to a subsequent breach of the same provision or breach of any other provision.
Clepios Health shall have the right to assign its obligations and duties as mentioned herein and in any agreement relating to any or all of its services to any person or entity.
In the event that any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be in force.