Terms and Conditions
CliniExperts Services Pvt. Ltd. (“Company’) welcomes you to (www.cliniexperts.com). By using our Application, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Application. The term “CliniExperts Services Pvt. Ltd.” or “us” or “we” or “our” refers to CliniExperts Services Pvt. Ltd., the owner of this platform (hereinafter referred to as “Mobile Application”, “App”, “Application” or “Application”). The term “you” refers to the user or viewer of our Application. Below are our terms and conditions for use of the Application, which you may access in several ways, including the World Wide Web, mobile phone, digital television. These terms and conditions apply whenever you access the Application, on whatever devices.
By using the Application as a reader or registered user, you are deemed to have accepted these terms and conditions. If you are registered as a user, please read carefully the Privacy Policy.
Any changes we make to the terms and conditions will be reflected on this page.
1. ACCESS AND USE
a) By using our Application you agree to be legally bound by these terms, which shall take effect immediately on your first use of our Application. If you do not agree to be legally bound by all the following terms please do not access and/or use our Application.
b) We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of our Application after changes to this policy are posted means you agree to be legally bound by these terms as updated and/or amended.
c) You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use our Application content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of our Application’s content except for your own personal, non-commercial use. Any other use of our Application’s content requires the prior written permission of the Company.
d) You agree to use our Application only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of our Application. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our Application.
2. DISCLAIMER OF LIABILITY
a) We do not accept any responsibility for any statement in the material. You must not rely on any statement we have published on our Application without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
b) We give no warranties of any kind and without any representations for material—information, names, images, pictures, logos and icons—found in our Application.
c) We are not liable for any of the following losses or damages (whether such losses where foreseen, foreseeable, known or otherwise):
(i) loss of data;
(ii) loss of revenue or anticipated profits;
(iii) loss of business;
(iv) loss of opportunity;
(v) loss of goodwill or injury to reputation;
(vi) losses suffered by third parties; or
(vii) any indirect, consequential, special or exemplary damages arising from the use of our Application regardless of the form of action.
You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties.
3. POLICY FOR CHILDREN
Our Application is not directed toward children under the age of [18] and we will not knowingly collect information for any child under the age of [18]. If you are the parent of a child under the age of [18] and have a concern regarding your child’s information on our Application, please contact us at contact@cliniexperts.com.
4. THIRD PARTY MATERIAL
You may see advertising / information material submitted by third parties on our Application. Third parties are solely responsible for the content of their material, which is not related to use and is not in our control, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of third-party material, including, without limitation, any error, omission or inaccuracy therein.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All rights related to the Application design, text, graphics and other content, the selection and arrangements are licensed to us. The content of this Application is protected by Indian copyright laws and other intellectual property rights. All company names and logos mentioned in our Application are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on our Application or downloaded from our Application including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
5.2 We may use third party tools and services, such as, for example, but not limited to, “Firebase”, “Amazon Web Services”, and the like. You hereby indemnify our company against all loss, liability or expense (including reasonable attorney and witness fees and expenses) arising out of any claim brought by a third party that any Product infringes upon intellectual property rights owned or controlled by the third party.
5.3 We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at cosmoally@cliniexperts.com.
6. SAFETY
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address). Please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant community area using the ‘Contact Us’ link and they will promote it if they see fit.
7. GENERAL
These terms may vary from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted any variation if you continue to use the Application after it has been posted.
You fully understand and agree that we are a private entity and we are not associated with any government body or regulatory agency whatsoever.
Although we will do our best to provide constant, uninterrupted access to our Application we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
8. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name:
Email Address:
9. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Terms of Use and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below.
b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the state of Delhi, India.
The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi, India shall have exclusive jurisdiction over any disputes arising between the Parties.
10. CONTACT US
If you have questions or comments about this Terms of Use, please contact us at:
CliniExperts Services Pvt. Ltd.
Address – Unit No. 325, City Centre Mall, Plot No. 5, Sector 12, Dwarka, New Delhi – 110075
Email – cosmoally@cliniexperts.com
Phone – +91-11-28081765
11. REVISIONS TO THE TERMS OF USE
We may change this Terms of Use from time to time. But when we do, we’ll let you know one way or another. Sometimes, we will let you know by revising the date at the top of the Terms of Use that’s available on our Application. Other times, we may provide you with additional notice such as adding a statement to our Application’s homepages.
12. USE OF THE APPLICATION
You agree, undertake and covenant that, during the use of the Website and the App, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person or entity and to which you do not have any right.
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
• is misleading in any way.
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
• infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.
• provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
• engages in commercial activities without our prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
• interferes with another user’s use of the Website and the app.
• contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
13. REVIEWS AND COMMENTS
(a) The App may allow you to post certain content, data or information of your own, such as reviewing your allowing you to share your experience and views about a particular post, post your comments and reviews in relation to contents on the Website or the app on specific pages of the Website or specific sections of the App, as well as submit any suggestions, comments, questions or other information to us using the Website or the App (collectively referred to “User Content“).
(b) You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website and the App. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law.
(c) You acknowledge that we do not endorse any User Content on the Website and the App and is not responsible or liable for any User Content. We reserve the right to disable access to the User Content on the Website.
(d) You hereby grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content.
14. TERMINATION OF ACCESS
Your access to the application can be terminated at any time by:
(i) You, by ceasing to use the Website and the app.
(ii) Us, in our sole discretion for any reason or no reason including your violation of these Terms or lack of use of Services. You acknowledge that the termination of services may be affected without any prior notice, and we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the services. Further, you agree that we shall not be liable for any discontinuation or termination of services by any third party.