Terms & Conditions
These terms and conditions (“Terms and Conditions”) is a legal agreement between you – the user (“You(r)” or “User”) and M/S Clinqon India (hereinafter “Clinqon India”), a company incorporated under the Companies Act, 2013 (“Clinqon India”, “We/us”) and governs your use of clinqonindia.com website owned and provided by Clinqon India (hereinafter “Clinqon India Platform”) and all products and services provided by Clinqon India through Clinqon India Platform.
These Terms and Conditions consists of Part A and Part B. Part A contains General Terms applicable to your use of Clinqon India Platform and the Services provided by Clinqon India through the Clinqon India Platform. Part B contains Service Specific Terms which are applicable to each specific Service in addition to the General Terms.
Please note that all charges, discounts, benefits and other monies associated with provision of Services (as defined below) through the Clinqon India Platform and particularly in relation to, including without limitation, delivery and packaging charges, cancellation charges, Minimum Order Value (as defined below), shall be provided on the Clinqon India Platform for Your reference and may be revised by us from time to time. Such information, as revised from time to time, shall be applicable and binding as on the date of confirmation of Your order placed through the Clinqon India Platform. You are advised to check such information on charges, discounts, benefits and other monies on a regular basis and prior to placement of any order(s), and Clinqon India shall not be held responsible or consequently liable in any manner whatsoever, in case You fail or neglect to do so.
You acknowledge and agree that Clinqon India retains the right to constantly update and improve its Services, including adding or removing functions, features, requirements, suspension or stopping a Service all together.
Clinqon India services are rendered either from its own licensed premises or from the licensed premises of its associates which are undertaken under strict supervision of the qualified and registered associates. All pharmacists are bound by codes of professional ethics and conduct.
Eligibility to use.
You must be 18 years of age or older to visit or use the Clinqon India Platform in any manner. By visiting the Clinqon India Platform or accepting these Terms and Conditions, You represent and warrant to Clinqon India that You are 18 years of age or older, and that You have the right, authority and capacity to use the Clinqon India Platform and agree to and abide by these Terms and Conditions. You also represent and warrant to Clinqon India that You will use the Clinqon India Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms and Conditions.
During the registration process, you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your Account Information, including your username and password confidential and for ensuring that they are not used by any other person.
Offers, promotions, software and downloads.
Clinqon India and other third parties with whom we have a business relationship may occasionally promote their goods or services on the Clinqon India Platform or through other direct marketing initiatives or may make products, services software and other materials available for you to purchase or download (“Third Party Promotions”). Whilst we try to encourage third parties to offer good quality products, services and materials at competitive prices we have no control over them or other third parties, we do not endorse such Third Party Promotions, or give you any assurance that such Third Party Promotions will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with such Third-Party Promotions. Further, all promotions made by Clinqon India are for limited period and subject to special terms and conditions as may be specified, which are in addition to these Terms and Conditions.
Ownership of materials and license terms.
The Clinqon India Platform, including all materials and software on it, or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Clinqon India and/or third parties. You are permitted to display the materials on this mobile application on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use and for obtaining Services from us, provided you do not alter or remove any of the content or any part of the Clinqon India Platform without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Clinqon India Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion);
- use the Clinqon India Platform or any of the materials or software on it, or provided to you through it, for:
- any unlawful purpose or in contravention of applicable law;
- commercial exploitation without our prior written consent; and
- any purpose or in any manner that may give a false or misleading impression of us, our staff or our services.
- use, upload or transmit:
- any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person;
- any device, software, file or mechanism which may interfere with the proper operation of this website or our systems;
- establish a link to the Clinqon India Platform from any other website, intranet or extranet site without our prior written consent
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through the Clinqon India Platform;
- do anything that may interfere with or disrupt the Clinqon India Platform;
- encourage or permit others to do any of the above
You further agree that you will not publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Clinqon India Platform or Clinqon India and any of its officers, directors, members or employees.
In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions. In the event Clinqon India has reasons to believe that you have indulged in any of the activities specified above, we reserve the right to immediately suspend or terminate your Account and restrict your access to the Clinqon India Platform at our discretion.
Links from this website/mobile application.
We may, from time to time, provide links from Clinqon India Platform to other 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.
Surveys, Contests & Referrals
From time-to-time the Clinqon India Platform requests information from its Users via surveys or contests. Participation in these surveys, contests or referrals programs is completely voluntary and you have a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site. The terms and conditions for each survey and contest may differ or otherwise amended and cancelled at the sole discretion of Clinqon India.
We may monitor activity and content on the Clinqon India Platform and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
Accuracy of Information.
We take care to ensure that all information available on the Clinqon India Platform about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on the Clinqon India Platform, in any form including any newsletters in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your practitioner directly.
YOU AGREE THAT YOUR USE OF THE CLINQON INDIA PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLINQON INDIA AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH THE CLINQON INDIA PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE CLINQON INDIA PLATFORM, ANY DATA, MATERIALS, CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE CLINQON INDIA PLATFORM. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLINQON INDIA PLATFORM, THE SERVICES OFFERED ON OR THROUGH CLINQON INDIA PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON CLINQON INDIA PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS’ BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CLINQON INDIA DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CLINQON INDIA PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CLINQON INDIA PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLINQON INDIA PLATFORM. CLINQON INDIA DOES NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLINQON INDIA PLATFORM OR FEATURED IN ANY ADVERTISEMENT. NOTHING CONTAINED ON THE CLINQON INDIA PLATFORM SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED ON THE CLINQON INDIA PLATFORM OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.
- IN NO EVENT SHALL CLINQON INDIA AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE (I) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
(II) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH;
(III) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS; (IV) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE CLINQON INDIA PLATFORM; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY.
- THE MAXIMUM AGGREGATE LIABIITY OF CLINQON INDIA ARISING OUT OF OR IN CONNECTION WITH THE CLINQON INDIA PLATFORM AND/OR THE SERVICES SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE USER.
Indemnity and Release.
Clinqon India shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. Clinqon India may at its sole discretion withdraw the services or Products if a Force Majeure event occurs.
Third party rights. Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms and Conditions and such third party has no rights to enforce them.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Governing law and dispute resolution.
These Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of these Terms and Conditions shall be subject to exclusive jurisdiction of the courts located in Kolkata, India.
PART B: SERVICE SPECIFIC TERMS
- PRESCRIPTION ORDER
We accept orders from and dispatch orders to addresses in selected locations in India as mentioned on the Clinqon India Platform. We only accept orders from customers who are above 13 (eighteen) years old although they may place orders for persons who are under 13 (eighteen) years of age.
You may purchase various Products made available by us on the Clinqon India Platform. However, certain Products may be purchased only upon submission of valid documents on the Clinqon India Platform. Further, The Products available on the Clinqon India Platform may include Products manufactured by third parties and made available for purchase on the Clinqon India Platform and the Products manufacture and sold by Clinqon India. All Products available on the Clinqon India Platform are subject to availability of stock and Clinqon India may cancel any order if the Product becomes unavailable after an order placed.
All images of the Products displayed on Clinqon India Platform are for graphic and illustrative purposes, the actual Products delivered may vary from the images displayed on the Platform.
No order placed by you will be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to reject any order. In the event any Product ordered by you is not available, we will try and contact you on the contact information provided by you in your Account.
Delivery of Products.
All Products will be delivered at the address provided by you in your Account or any other alternate address as specified by you at the time of placing the Order. The delivery may be made by the personnel appointed by Clinqon India or by any third party service provider engaged by Clinqon India for such purpose. Clinqon India shares your personal information with the delivery executive on a ‘need to know’ basis as may be relevant for completing the delivery of the Product.
Any timelines for delivery specified by Clinqon India is a genuine pre-estimate of time required by Clinqon India for completing the delivery of the Product. You acknowledge and agree that actual delivery may be delayed and take longer than the delivery timeline. However, Clinqon India will keep you informed of your order status as may be appropriate from time to time.
You acknowledge and accept that all Products delivered shall be verified by you for accuracy and apparent damage at the time of delivery. You (or your authorized representative) will be required to sign a delivery confirmation on receipt of the Order. You may reject the receipt of Products in the event the Products delivered are not in accordance with the order placed by you or are damaged at the time of delivery.
In the event that the packaging of Products is opened after delivery, we will have no liability to you for lost or damaged items.
You may place a request for return of Product as per the Returns Policy which is displayed on the Clinqon India Platform.
Pricing and Payments.
All prices for Products displayed on the Platform are indicative in nature. The actual/exact price of the Product will depend upon Product’s batch number and will be mentioned in the invoice dispatched to you along with your order. In case a pre-payment has been made by you on the basis of the price estimate at the time of placing the order, you undertake to pay the shortfall and any excess payment will be refunded back to you in your bank account, credit card, debit card or wallet , as the case may be. Further, all prices are exclusive of applicable taxes which will be invoiced to you in addition to applicable taxes at the time of placing the order. Further, there may be instances where the price of a Product is updated after receipt of the order or order confirmation. In such cases, we will refund any excess amount paid by you or you shall pay any shortfall to us, as the case may be.
You may make the payments for your orders using various payment methods made available on the Clinqon India Platform which may include, credit card, debit cards, third party wallets and Clinqon India wallets. The payments on Clinqon India Platform are facilitated by a third party payment gateway and the terms and conditions of such third party payment gateway shall be applicable to the payments made on the Clinqon India Platform. Clinqon India shall not be responsible for any errors, delay or failure of payments which are attributable to the third party payment gateway.
Discounts. All discounts offered on the Clinqon India Platform are provided on selected Products and at the discretion of Clinqon India. Clinqon India reserves the right to withdraw any offer or discount made available on the Clinqon India Platform.
Delivery and Packaging Costs:
All orders with minimum order value as provided on the Clinqon India Platform from time to time (referred as “Minimum Order Value”), or exceeding such Minimum Order Value will be delivered free of cost and no delivery charges shall be applicable on such orders provided that the delivery is within Clinqon India serviceable areas. All orders with order value below the Minimum Order Value will attract delivery charges as provided on the Clinqon India Platform, from time to time. Value of any order that is equal to or greater than the Minimum Order Value at the time of placing the order that is later modified, will not attract any delivery charges. Any delivery charges paid by the User for any modified/cancelled/un-delivered order shall be eligible for full refund of the delivery changes provided the User has made advance payment for the said order. The User shall be required to check the Clinqon India Platform from time to time to ascertain and understand the Minimum Order Value for optimum use of the Clinqon India Platform.
Any delivery charges paid by the User shall not be eligible for refund if the order is modified or replaced by the User due to change in prescription or otherwise.
Clinqon India Platform offers for purchase various Products which are manufactured by various third parties (“Third Party Products”). Clinqon India provides such Third Party Products on an ‘as is’ basis and does not make any representation or warranty with respect to such Third Party Products. Clinqon India shall not be liable in any manner whatsoever for any manufacturing defects in the Third Party Products.
Certain Third Party Products such as electronic equipment, diagnostic tools etc. are provided by the manufacturer with limited warranty associated with such Third Party Product. The User shall directly claim such warranty from the manufacturer of the Third Party Products and Clinqon India shall not be responsible for such warranty in any manner.
Further, Clinqon India makes available for purchase various Products manufactured by Clinqon India (“Clinqon India Products”). Unless otherwise prohibited under applicable law, the liability of Clinqon India for Clinqon India Products shall be limited to the price of the Clinqon India Product.
- DIAGNOSTIC SERVICES
Users may avail Diagnostic Services available on Clinqon India Platform. The Diagnostic Services are provided by Clinqon India in collaboration with state-of-the-art third-party diagnostic labs or diagnostic labs operated and maintained by Clinqon India.
By placing a request for Diagnostic Services, you hereby consent to provide samples for Diagnostic Services (as may be required for the relevant tests) and acknowledge that such samples will be used by third party labs or labs operated by Clinqon India to perform necessary tests.
Clinqon India offers to Users the facility of collection of specimen collection from User’s home for the purpose of Diagnostic Services. Once a request for Diagnostic Services is placed by a User, a qualified professional of Clinqon India will visit the address specified by User for collection of sample for diagnostics. The test results provided as part of Diagnostic Services will only be related to the specimens so collected.
Incorrect Samples or Contamination of Samples.
For any specimens collected from User’s home, the relevant lab will presume that the specimen belongs to the patient named or identified at the time of placing the request.
You acknowledge and agree that there may be instances where the samples collected from User’s home may get contaminated or become unfit for testing during transit. In such instances, the samples may have to be recollected for performance of necessary tests at no additional cost. Alternatively, the relevant lab may test such samples and provide partial results based upon the fitness of samples. If such contamination or deficiency is caused due to delay or reasons directly attributable to Clinqon India, Clinqon India will recollect the sample without any additional costs.
You acknowledge that test may not be conducted and Diagnostic Services will not be provided in the event (a) specimen quantity is insufficient; (b) specimen quality is unacceptable (e.g. hamolysed or clotted); or (c) incorrect sample submitted.
Clinqon India shall not be responsible for any of the above or any contamination of sample which is attributable to the User or not attributable to Clinqon India. Clinqon India shall not be in any manner be liable for any damages which the User may suffer in relation to such home sample collection.
Appointment and Cancellation.
Upon receipt of request for Diagnostic Services, Clinqon India will schedule an appointment for home sample collection in accordance with available time slots specified by you. Once an appointment is scheduled, a representative of Clinqon India will visit the address specified by you within the agreed time. You shall make yourself available at such time for the purpose of sample collection. Clinqon India will not be under any obligation to any refund of service fees in the event you are not available for sample collection at the scheduled time.
Cancellation. You may cancel or reschedule any appointment at least 24 (twenty-four) hours prior to the scheduled appointment or within such minimum or maximum timeline as provided on the Clinqon India Platform. In the event you cancel an appointment after the aforementioned specified timelines, Clinqon India will not be under any obligation to provide you any refund for the service fees already paid by you.
Diagnostic Services are made available upon receipt of service fees as specified on Clinqon India Platform. The payment related terms and conditions as specified for Prescription Orders above shall be applicable to payment of service fees for Diagnostic Services.
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