Terms & Conditions
GoodLeven Health IT Private Limited, on behalf of itself and its affiliates/group companies under the brand "GoodLeven" (GoodLeven), is the author and publisher of the internet resource www.clina.in and the mobile applications ‘ClinaNG™ HCP’, ‘ClinaNG™’ (together, “Website”). GoodLeven owns and operates the services provided through the Website.
The terms 'You' or 'Your' refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or a Healthcare Professional (HCP) (Healthcare Practitioner or Registered Medical Practitioner, Commonly referred as Healthcare Professional)) and the terms 'GoodLeven' , ‘ClinaNG™’,'We', 'Us', 'Company', and 'Our' refer to GoodLeven Health IT Private Limited.
If You are accessing the ClinaNG™ and ClinaNG™ HCP mobile applications, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the ClinaNG™ HCP and ClinaNG™ mobile applications.
The features / services of this Website are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
1. THE WEBSITE
- Users: The Website is accessible to visitors / non-registered users, registered users, Registered Medical Practitioners and healthcare professionals. "Registered Users" are users who have registered themselves an account on the Website by providing GoodLeven with certain information and who can log on to the Website by providing their username and password. "Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Most features of the Website are available to Registered Users only. "Health Care Professionals" or "HCPs" are duly qualified members of medical or dental profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. Registered Users, Non-Registered Users, RMPs and HCPs shall collectively be referred to as "Users".
- Features of the Website: The Website offers the following features:
- For Registered Users:
- Platform to schedule in-person or online appointment with HCP: You may use Website to schedule an in-person appointment with HCP at the HCP's premises or online video consultation appointment with HCP facilitated through our Website.
- . Platform to interact with HCP privately: You may interact with a HCP privately on the chat feature available on the Website or via other communication feature which the Website may provide after paying consultation fee to the HCP and an internet handling fee to GoodLeven as applicable from time to time but not exceeding 30% of HCP consultation fees.
- For HCPs:
- Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, education, professional memberships etc. on Website. Your profile is accessible to all Registered Users.
- Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the GoodLeven such as Audio/Video calls.
- Platform to receive consultation fees for Website interaction: You may use the Website to receive fees for Your interactions with Registered User through the Website.
- Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
- Platform to publish HCP-contributed health related information and education material: You may contribute health related information and education material which GoodLeven may, with or without modification, in its sole discretion, publish on the Website.
- For Registered Users:
- Types of content on the Website:
The various types of content available on the Website may be categorised as follows:
- 1.3.1Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with HCPs ("User Content")
- 1.3.2Content provided by HCP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("HCP Content");
- 1.3.3Content which GoodLeven (through itself or its contractors) has generated or procured for the Website ("GoodLeven Content");
2. USE OF THE WEBSITE
- Use by all Users (Registered, Non-Registered User and HCP)
- 2.1.1You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- 2.1.2You will not deliberately use the Website in any way that is unlawful or harms GoodLeven, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
- 2.1.3By using the website and/or registering yourself at GoodLeven you authorize us to contact you via email or phone call or sms or WhatsApp and offer you services you have opted for, imparting service knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the GoodLeven & associate partners for the above mentioned purposes till 60 days of your engagement with us.
- 2.1.4You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS/Alerts messages from GoodLeven on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by GoodLeven. Please note that GoodLeven will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, GoodLeven may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from GoodLeven.
- Use by Registered User
- 2.2.1The Website allows You to select and schedule appointments with HCPS. In doing so, GoodLeven can help providing You with profile previews of HCPs who may be suitable to deliver the health care service that You are seeking based on information that You provide to GoodLeven.
- 2.2.2You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
- 2.2.3We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- 2.2.4Please note that GoodLeven (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.
- 2.2.5You will obtain all relevant consents and approvals prior to posting or providing any User Content.
- 2.2.6You acknowledge that this Website is an consultation platform only. GoodLeven and this Website are not in the business of providing healthcare service or hospital services.
- 2.2.7You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website.
- 2.2.8GoodLeven will levy an internet handling fee for each private interaction that You have with an HCP through the Website. GoodLeven will also collect the consultation fee payable to the HCP in advance on behalf of HCP and pay to HCP without retaining any share from fees.
- Refund Policy for Paid Consultations
- 2.3.1In case a Healthcare Practitioner (HCP) is not available to respond to a paid consultation, You can report the issue to GoodLeven and request for cancellation, post which GoodLeven will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value provided by GoodLeven.
- 2.3.2In the event it is proved that a HCP has acted in a manner that is against any applicable laws, GoodLeven shall provide complete refund to You, subject to investigation undertaken by GoodLeven.
- 2.3.3In the event it is proved that You have demonstrated abusive nature during the consultation, You shall not be eligible for any refund and GoodLeven/HCP shall be entitled to take any legal action as applicable.
- 2.3.4You are allowed a period of five (5) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter.
- 2.3.5You can request a refund from Your consult chat screen or by sending us an email at email@example.com
- 2.3.6In the event GoodLeven establishes that Your refund claim meets the above conditions, GoodLeven shall process the refund accordingly and the money will be refunded to You in five (5) working days from the day refund has been approved from GoodLeven.
3. ROLE OF GOODLEVEN
- GoodLeven's role is limited to a)providing a platform for private interaction between Registered User and HCP b)providing a platform for hosting and publishing User Content, HCP Content c) providing a platform to get appointments with HCPs based on Registered User's inputs and HCP profiles created by HCPs themselves, d) providing a platform for Registered Users to raise health related questions and HCP's to provide preliminary and generic information to the questions and e) facilitating collection and disbursal of consultation and service fees for HCPs.
- GoodLeven's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, GoodLeven has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, HCP Content, information provided by HCPs, interactions between HCPs and Users.
- GoodLeven does not have the obligation to pre-screen or monitor User Content, HCP Content at any time. However GoodLeven may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if GoodLeven determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where GoodLeven removes any User Content or HCP Content from the Website, GoodLeven will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute GoodLeven's position as an intermediary or impose any liability on GoodLeven with respect to User Content and/or HCP Content.
- If GoodLeven suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, HCP, notwithstanding any other rights GoodLeven may have, GoodLeven reserves the right to inform the relevant government or law enforcement authorities. GoodLeven will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- GoodLeven does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
- You may be provided with links on the Website that direct You to third party websites / applications / content or service providers and including advertisers (collectively "Third Party Websites").
- GoodLeven does not endorse any Third Party Websites that You may be directed to from the Website.
5. PROPRIETARY RIGHTS
- GoodLeven respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content, and the GoodLeven Content are protected by applicable intellectual property laws of India.
- GoodLeven’s Rights to the Website and GoodLeven Content
- 5.2.1All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to GoodLeven or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by GoodLeven to You in respect of such works.
- 5.2.2GoodLeven and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, "ClinaNG™" is the trademark and copyright (or any other intellectual property right) of GoodLeven and/or its licensors. Any use of the “ClinaNG™”, “GoodLeven” trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of GoodLeven and may be actionable under the applicable laws.
- 5.2.3Except as stated otherwise in this Agreement all GoodLeven Content (including all intellectual property rights to such content) is owned exclusively by GoodLeven and/or its licensors.
- 5.2.4When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by GoodLeven to use GoodLeven Content for personal and non-commercial use for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less.
- 5.2.5Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- 5.2.6Unless expressly authorized by GoodLeven, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the GoodLeven Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- Rights in User Content And HCP Content
- 5.3.1You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to GoodLeven.
- 5.3.2You hereby grant GoodLeven a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.
6. PERSONAL INFORMATION
- We may collect various personal information from You when You use the Website and or the features provided by the Website.
- GoodLeven may disclose Your Personal Information in accordance with applicable law.
- Interaction with HCP on the Website:
- 7.1.1You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold GoodLeven responsible for any such interactions and associated issues. GoodLeven is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
- 7.1.2We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP.
- 7.1.3GoodLeven shall not be responsible for any breach of service or service deficiency by any HCP.
- 7.1.4We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
- GoodLeven disclaims any representation and/or warrantyfor the security, reliability, quality, timeliness,
and performance of
- the website and its features;
- hcp who interacts privately with a registered user;
- any information, content or advice available on or received through the website
- access to or alteration of user content or hcp content
- transmissions or data and
- any other matter relating to the website and / or services.
- GoodLeven makes no warranty or representation that any errors in the website will be corrected except as required by law.
- GoodLeven assumes no responsibility and/or liability with respect to any user content, hcp content (as applicable) which you may post on the website and you are solely responsible for such user content posted on the site.
- You agree that the open and real-time nature of the platform make it impossible for GoodLeven to vouch for the validity, autheticity and honesty of user content or hcp content. GoodLeven is not responsible for any user content or hcp content on the site, or for the consequences of you reading or relying on such content.
- The site is provided on a "as is" and "as available" basis. Neither GoodLeven nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the website. Neither GoodLeven nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any user content, hcp content, GoodLeven content or your personalization settings.
- GoodLeven does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the website.
- Neither the hcps nor GoodLeven shall be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of hcps/GoodLeven or due to technical reasons or third part actions.
8. LIMITATION OF LIABILITY:
- To the fullest extent permitted by law, in no event will GoodLeven or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not GoodLeven has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, GoodLeven’ s liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 6000 whichever is lower.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
- You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- Your use of this Website shall be subjected to the following restrictions:
- 9.4.1You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- 9.4.2You will not decompile, reverse engineer, or disassemble the content, or
- 9.4.3You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
- You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", and "phishing" as those terms are commonly understood and used on the Internet.
- You will not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the user does not have any right to,
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever,
- harm minors in any way,
- infringes any patent, trademark, copyright or other proprietary rights(s), 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,
- impersonate 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,
- 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 any other nation.
You hereby indemnify, defend, and hold GoodLeven, the GoodLeven's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from
- Your use of the Website
- Your breach of provisions of this Agreement and
- any negligent or intentional wrongdoing on Your part.
GoodLeven reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or GoodLeven Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. GoodLeven shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
- GoodLeven reserves the right to modify any part of the Agreement at any time without giving You prior notice.
- When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
- Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Chennai, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
- Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- Notices: All notices and other communications required or
permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be
sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise
delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other
address as the Party shall have furnished to the other Party in writing in accordance with this
If to GoodLeven:
GoodLeven Health IT Private Limited,
2015- A/B, Trichy Road, Singanallur,
Coimbatore – 641 005, Tamilnadu, India
If to You:
at the email address provided by You to us when You registered as a ClinaNG™ User.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- Force Majeure: GoodLeven shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond GoodLeven's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Advice of Counsel: Each Party acknowledges:
- having fully read the Agreement in its entirety;
- having had full opportunity to study and review the Agreement.
- Advertisement: GoodLeven shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
- Assignment: You may not assign or sub-license, without the prior written consent of GoodLeven, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
- Conflict: In the event there is any conflict between the terms set
policies applicable to specific pages of the Website, the following order of prevalence shall apply:
- any other policies applicable to specific pages of the Website.
16. LEGAL DISCLAIMER
- While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product manual and/or specifications provided by the manufacturer either on their website or along with the product.
- This is applicable for all warnings, labels, ingredients and usage directions as well.
- The use of any information provided on this platform is solely at the user's risk. Nothing contained on this platform shall be considered as medical advice.
- Consumers are advised to contact the manufacturer for any further information and assistance.