By accepting these Terms and Conditions,
I warrant that I have completed 18 years of age as on date of this agreement and that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
I acknowledge that Orane Healthcare India Pvt. Ltd., No.174, Rangasamy Goundenpudur, Chinniyampalayam (PO), Coimbatore - 641062. Tamil Nadu, India. is the owner/ proprietor of the domain name and website, icliniq.com
(from now on referred to as, "the website" or "icliniq" or "the site"). I also absolve professionals engaged by Orane Healthcare India Pvt. Ltd.,who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of medical second opinion (also referred at icliniq as ''online doctor consultation'' or ''online doctor consult'' or "medical consultations" or "medical consults" or "health queries" or "queries" or "video consultations" or "video consults" or "phone consults" or "phone queries" or "phone consultations" or "video queries" or "direct query to a doctor" or "follow-up query" or "free query" or "paid query" or "common query" or "consultation" or "appointment"). I also understand and use the website accepting that it is being provided on an as is basis.
The website is not intended to be used to:
1. Treat a medical emergency or medical condition,
2. Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
For any medical emergency, I shall immediately contact the emergency number in my country.
Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between me and any professional or person providing information or advice through the site. The site is not intended to diagnose a medical condition.
I understand and agree that icliniq does not regularly review the posts on the Site (excluding, however, icliniq's right to access accounts to ensure that the system is working and/or in the case of any technical dysfunction) and the views expressed therein those of the posters or any content or any answer do not necessarily reflect those of icliniq, its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers or affiliates. icliniq assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Site or in the posts. All advice and/or information obtained directly or indirectly from the Site are provided at my own risk.
For all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, I should confirm that such action is applicable and suitable to me, by referring to my own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in-person legal advice or onsite and extensive investigations are hereby accepted and agreed to by me. I further absolve from all liability, icliniq and its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any person professional or contained within the Site.
icliniq may, without giving notice, delete any account or information contained on the Site for any reason whatsoever.
The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from my physician or other qualified healthcare providers. Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with my physician or other qualified healthcare providers. The health information furnished on this Website and the interactive responses (if any) furnished by or through, this Website are not intended to or implied to be professional medical advice. I shall consult other sources and confirm the information contained within this Website. This shall include consulting my own physician regarding the applicability of any opinions or recommendations with respect to my symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, I shall always consult my physician or other, qualified healthcare professional. In serious cases, I shall seek immediate assistance from emergency personnel. If I suspect that I have a medical problem or condition, I shall contact a physician or other qualified healthcare provider(s) immediately. I SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING I HAVE READ ON THIS WEBSITE (including but not limited to video consult, live chat, emails, phone consult). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting my physician or other healthcare providers.
I understand/ agree that icliniq makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the "Content") is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If I access the Site from outside India, I do so at my own risk and are responsible for compliance with the laws of my jurisdiction. Provisions relating to the liability of icliniq and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.
All content (including health content on forum and articles) on the platform is for informational purposes only. The content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. I shall always seek the advice of a physician within my jurisdiction with any questions regarding a medical condition. I will never disregard professional medical advice or delay in seeking it because of information provided by a medical professional through the Site. If I think I may have a medical emergency, I shall call my doctor or emergency services immediately. icliniq does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, icliniq employees, others appearing on the Site at the invitation of icliniq , or other visitors to the Site is solely at my own risk.
I agree that I will not use the Site to post any advertisement or other commercial messages. I further agree that I will not post or attempt to post any content whatsoever on the website of icliniq, which to my knowledge is knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material irrespective of whether the same is defamatory or illegally invasive of another person's privacy. If any complaint is received against me to this effect, then upon receiving such complaint icliniq can choose to delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by icliniq before they are published to the Site. I also agree that my health queries/consultations can be released for public view (after icliniq removes all the private details and publishes it anonymously)
I agree and affirm that I shall not ask or request for the contact information of any Medical Practitioners on icliniq by using up your services and cannot hold icliniq responsible for any sorts of communication that takes between me and the medical practitioners or professionals or the doctors on the site.
I agree and affirm that the Content (excluding all correspondence between me and any person or professional through the messaging system, including any and all attachments) ("Copyright Content") is protected by copyright under Central and State laws of the republic of India, and foreign laws as applicable. Title to the Copyright Content remains with icliniq or its licensors. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to [email protected]
. Content and features on the Site, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of icliniq. All rights not expressly granted herein are reserved to icliniq and its licensors. If I violate any of these Terms and Conditions, then my right for Copyright Content is automatically terminated and I must immediately destroy any copy that I have of any portion of the Copyright Content, lest I shall be liable for infringement of copyright.
I agree that I shall use the Site on my own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from icliniq and its affiliates and partners. The use of the Site and the Content is therefore entirely at my own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of icliniq and its suppliers. Accordingly, icliniq assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an "as is" basis. icliniq , its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, icliniq , its licensors, and its suppliers make no representations, warranties or guarantees about the following:
1. The accuracy, reliability, completeness, correctness,authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to me through the use of the Site.
2. The compliance by icliniq, with government laws, rules,regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site.
I agree that, to the fullest extent permitted by law, neither icliniq , its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages or legal disputes (including, without limitation, incidental and consequential damages, arbitration, personal injury/wrongful death, litigation, lost profits, or damages resulting from lost data or business interruption, including any computer virus, claim for disability benefits, claim for worker's compensation and/or malpractice claims without the prior written consent of iCliniq) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not icliniq is advised of the possibility of such damages.
To the extent permitted by law, all legal claims if any, arising in connection with my use of the Site and any of its Content, shall be brought within thirty (30) days from the date of occurrence of the event giving rise to such action.
icliniq does not endorse any professional and does not intend to be a source of advertising, solicitation or legal advice on the behalf of any professional. To the fullest extent permitted by law, icliniq is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. I at my own risk is subject to the terms and conditions of use for such sites of the respective sites. icliniq does not endorse any product advertised on the Site.
All information available on this Website is not exhaustive and is provided "AS IS" and without any warranties of any kind, either express or implied. All implied warranties of merchantability and fitness for a particular purpose or use are hereby excluded. Disclaimer of Liability of the Medical Center, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of (i) the fees paid, if any, to icliniq for the particular information or service provided on this Website or (ii) Rs.100 (Indian National Rupees) or the equivalent currency. icliniq shall not be liable under any theory of indemnity. In no event shall icliniq be liable for any damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive are hereby waived by the user to the fullest extent permitted by law, even if icliniq.com
has been advised of the possibility of such damages. icliniq expressly disclaims and DOES NOT WARRANT that the functioning of this Website will be uninterrupted or error free or that they are correct; that any errors will be corrected; that any information on this Website is complete, accurate (although the Medical Center strives for accuracy), or timely (or will be updated); and that this Website, or the server that makes it available, is or will be free of viruses or other harmful components. I am solely responsible for any damage to my computer system or mobile phone or tablet or loss of data that results from downloading any material from this Website.
I EXPRESSLY ACKNOWLEDGE AND AGREE THAT ICLINIQ , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF MY DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, ME CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to video consult, Live Chat, Email, Phone).
I agree that I am solely responsible for anything posted on the Site. I further agree to defend, indemnify, compensate and hold icliniq, its officers, directors, employees, doctors, moderators, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from my violation of these Terms and Conditions or any claims based upon my posts/submissions on the Site. I consent to abide by the spam policies and undertake not to forward unsolicited mails using the "Refer a Friend" feature from icliniq server to any of my contacts without their prior consent. Failure to do so may result in cancellation of their account with icliniq.
I also agree and state I have understand that the professionals that participate in the site may or may not be affiliated with, employed by or agents of icliniq and that icliniq makes no representations as to the qualifications of any of the physicians who participate in the network. Any listing, name, content, material of any professional or firm found on this site does not constitute any endorsement or recommendations. When deciding to take advice and/or hire any professional or firm, I shall conduct a prior independent research as to the accuracy of the credentials expressed in the Content.
I agree to pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the icliniq. Icliniq reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement.
I understand and agree that all consultations cancelled with less than 4 hours notice will be charged the full consultation amount, said amount to be as set forth on the icliniq.
I understands that the content permissible to be typed in any query (direct query to a doctor, follow-up query or posting it as a paid query on common query system) should be less than 500 words and/or files attached in the query should be less than or equal to 5. The same rules apply for phone or video consultations (direct consultation to a doctor/follow-up consultation to a doctor/common consultation booking). Content typed more than 500 words and/or attachments more than 5 will be taken as another query/consultation and additional fee (the fee will be as same as the parent query/consultation) till it reaches another 500 words and 5 more attachments. I understand that this rule works in arithmetic progression. Example : A query or content having 1500 words and 5 attachments (or) even 500 queries with 15 attachments will be taken as 3 queries/consultation and thrice the fee of the parent query/consultation can be automatically deducted from my credit card or wallet balance or balance from icliniq wallet of a client will automatically be deducted.
The calendar as seen on the icliniq is based on Indian Standard Time (I.S.T.). If I am outside of the IST time zone, it is my responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference.
Icliniq will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If I have a question about charges made to my account, I shall contact [email protected]
immediately. Even if the charges were made in error, icliniq still has the sole discretion to credit the account or credit card account for the appropriate or corresponding amount. Icliniq has a zero-tolerance policy for chargebacks. My dispute of a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to icliniq's discretion. Any chargeback fees, past due fees and costs will be sent to collections.
If icliniq's collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an consultation within 24 hours at any particular point of time will not allow refund of the Consultation fee.
Icliniq shall issue a full refund after the moderation team does an internal enquiry (after my complaint) to check the quality. However the decision to refund vests with icliniq.
I expressly agree that the exclusive jurisdiction for any dispute with icliniq, or in any way relating to use of the Site, resides in the courts of Coimbatore, Tamil Nadu, India. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Coimbatore, India in connection with any such dispute including any claim involving icliniq or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
I understand that these Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition a subsequent occasion.
These Terms and Conditions constitute the entire agreement between the parties and supersede all other agreements relating to this subject matter, and set out the complete legal relationship between icliniq and me arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
icliniq reserves the right to place any third party advertisements on the Site at any time and without my notice or consent and without attracting any liability in this regard. icliniq reserves the right to charge me in the future with prior notice. icliniq reserves the right to release professionals' responses in circumstances I have paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. icliniq reserves the right to limit account holders use of icliniq Accounts. Questions or comments regarding the Site should be directed by electronic mail to [email protected]
The contents on the portal are provided by icliniq for use by the online users as a quick reference of information about doctors, hospitals and other healthcare services providers. The listing of the doctors, hospitals and other healthcare services providers on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of any person or organization. Inclusion in the Directory Listing does not imply recommendation or endorsement nor does omission in the Directory Listing imply icliniq disapproval. The Doctors in icliniq medical panel are board certified practitioners (Registered Medical Practitioners)in their respective countries.
Any information provided by icliniq employees including the doctors on helpline (video consulting, Phone, Live Chat and Email) provided to me to make a more informed decision. icliniq will not be responsible or liable in any manner whatsoever for any damages or any loss (including that of health, life, limb or livelihood) of any kind because of following the advice or instruction given by icliniq employees, owners, directors, doctors, moderators, associates, contractors and online users.
I understand that I am prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Directory Listing or any of the data or other information contained in the site, , in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by icliniq or any user or any one else authorized by icliniq to this extension, shall form exclusive property of icliniq.
I also agree to always seek the advice of a physician or other qualified health provider with any questions I may have regarding a medical condition. I further agree never to disregard professional medical advice or delay in seeking it because of something that has been read on icliniq's website or have had Live video consulting or online chat or phone call or Email communication with an icliniq team member including the icliniq doctors.
The Directory Listing is provided on an "AS-IS" basis. icliniq disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, icliniq does not warrant or represent that the Directory Listing or any part thereof is accurate or complete. I hereby assume full responsibility for all communications made by me with any doctor or hospital or other healthcare services providers contacted by me through the Directory Listing on icliniq. Further, icliniq shall in no event be liable to me or my friends or family for any decision made or action taken by me in the reliance on information provided on the portal of icliniq.
I undertake not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of icliniq in the site, in particular the data and content posted therein, and further undertake to suitably compensate icliniq in this regard for the loss or damage suffered by icliniq due to the said infringement by me and also indemnifies icliniq to this effect.
I undertake to put icliniq on notice, immediately upon coming to know of any infringement of the intellectual property rights of icliniq, by any other user or by third parties.
Fair Usage policy:
I understand that Icliniq does not allow an excessive number of free queries on a single health issue. Only one query from a similar health issue is allowed to be posted/consulted for free at icliniq. And I agree that I shall follow-up by paying the fee set by the doctor for his/her answers. Also in my unlimited individual plan, I agree that I cannot post/consult for multiple queries of same health issue. Also if icliniq detects that I use the account to post health issues of another person, my plan will be canceled.
Also icliniq reserves the right to suspend my account without any notice. And no explanation is needed by icliniq to be given to me.
icliniq will not be liable for any damages of any kind arising from my use of this site or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
I have read, acquainted myself and understood the above-mentioned terms and conditions and that by using icliniq and/or Portal and the Video Consulting, Phone and Email services, I agree to the Terms and Conditions set forth above.
The following are in addition to the above 'terms and conditions' which iCliniq has added on 24th May 2018 for GDPR compliance and the person reading accepts the belo.
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements:
"Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
iCliniq is committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from this website:
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and Trademark:
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.
This Company's logo is a registered trademark of this Company in the India. The brand names and specific services of this Company featured on this web site are applied for trade mark as "icliniq - The Virtual Hospital"
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of India govern these terms and conditions. By accessing this terms or using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes: