Last Updated: November 11, 2022
The Terms of Service (hereinafter referred to as “Terms of Service” or “ToS”) constitute a binding contract between you and the Company. You can receive a copy of this Terms of Service by emailing us at info@clinicalihm.com and requesting the same. These Terms of Service forms an electronic contract within the provisions of the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. These Terms of Service do not require any physical, electronic or digital signature and these Terms of Service shall be a legally binding document between you and the Company.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy and Terms of Service for the access or usage of the Platform and Service (as defined hereunder).

These Terms of Service apply when you access, use or visit our website located at www.ihmconsult.com redirected to www.clinicalihm.com. The Platform (defined hereunder) and Services (defined hereunder) are owned / provided by Clinical Integrahmatrix Private Limited (hereinafter referred to as “Company” or “We” or “Us” or “Our” or “IHM”). For the purpose of this ToS, the Company and You may individually be referred to as “Party” and collectively as “Parties”.

We are an intermediary, engaged in the business of providing healthcare services through an online platform (“Platform”) to assist with disease management, through personalized monitoring solutions, guidance and coaching to manage such diseases, provide lifestyle modification services and to connect patients with doctors and to provide online consultations. (“Service”).

BEFORE USING ANY SERVICE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH (AND HEREBY INCORPORATED HEREIN BY REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE TERMS OF SERVICE). IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN PLEASE CEASE USING THE SERVICES OR THE PLATFORM IMMEDIATELY.

In order to participate in the interactive portions of the Service, you must first register with us through our online registration process, as described in ‘Accounts and Registration’ below. As part of the registration process, you will be required to affirmatively accept these Terms of Service, and the IHM Privacy Policy, which is located at https://clinicalihm.com/terms-and-conditions/.

`If you do not agree to be bound by all the conditions/terms enlisted in this ToS, please refrain from using the Platform and the Services. Modification of these Terms of Service

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check the Terms of Service periodically for changes. Your continued use of the Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. If you are a registered user of the Service, we will notify you of material changes to these Terms of Service by email before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you will be required to affirmatively accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products.

Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at https://clinicalihm.com/privacy-policy/, to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Services available on the Platform do not violate any applicable law or regulation; (c) you are 18 years of age or older; and (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.

Registration
A. Registration. You can visit and browse the Service without becoming a registered member of the Platform, but you may not be able to access most of the interactive portions of the Service unless you are a registered member of the Platform or provide your Information, when prompted on the Platform. You may sign up to become a registered member of the Service by completing the registration process or providing your Information when prompted on the Platform. If you sign up to become a registered member of the Platform or provide your Information to avail the Services, as requested you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s form (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

B. Accounts. You may be required to create a user I.D. that will be associated with your member account. You may only create one user I.D. that will be associated with your member account. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. As part of your member account, you may be able to create a user profile, invite other registered members to become your contacts on the Service.

Use of the Platform
We at all times will make reasonable endeavours to provide You and Your Members with an unfettered access to the Platform during the term of this Terms of Service but we do not promise that the Platform will be available for use and to be accessed by You and Your Members without any interruptions, errors viruses or other harmful components (which cannot be controlled by IHM). In case You or any of Your Members encounter any disruption in accessing the Platform, you shall immediately inform the authorised representatives of IHM by providing details and other supporting documents on such malfunctioning (“Notice of Disruption”).

While accessing the Platform, you shall not, and shall ensure that your Members do not access, store, distribute or transmit any viruses, or any material that:
a. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
b. facilitates illegal activity;
c. depicts sexually explicit images;
d. promotes unlawful violence;
e. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
f. in a manner that is otherwise illegal or causes damage or injury to any person or property; and we reserve the right, without liability or prejudice to our other rights, to disable your Account or its access to any material that breaches the provisions of these ToS.

Payment
For the payment of fees for the Services and all other payments to be remitted (including for consultation and other services offered on the Platform, as applicable), we shall provide you an online link to enable direct transfer of money into our designated account. The same shall be processed by an integrated third-party payment gateway operated by Razorpay or such other third-party payment facilitator as may be appointed/identified by Us.

Intermediary
As an ‘intermediary’ under the Information Technology Act, 2000, we shall not be responsible or liable for the advice, content, services or other materials provided by the consultants on the Platform.

Our Management of the Service; User Misconduct
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) access to the Platform and Services; (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.

C. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.

Third Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. These Terms of Service do not apply to Third Party Sites. Before visiting a Third-Party Site through links or other means provided on or through the Service, you should review the Third-Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations,
policies and practices of these Third-Party Sites.

Legal Disputes and Dispute Resolution

A. Initial Resolution. We are available by email at info@clinicalihm.com to address any concerns you may have regarding your use of the Platform or Services. Most concerns may be quickly resolved in this manner. Each of You and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either Party initiating a lawsuit.
B. Governing Law and Dispute Resolution. These Terms of Service are governed by the laws of India.
Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Service or these Terms of Service, shall be subject to the jurisdiction of the courts at Bangalore, India.

Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties. (i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, CONTENT, OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE SUCH ITEMS OR MATERIALS ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONSULTANTS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF; AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, INFORMATION OR SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD
PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, INFORMATION OR ADVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND/OR THE SERVICE.
B. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND/OR THE SERVICE, INFORMATION, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE SERVICE FEE PAID BY YOU OR INR 500, WHICHEVER IS LOWER.

Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
Severability. These Terms of Service operate to the fullest extent permissible by applicable law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Notices. You agree that Company may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Platform.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of these Terms of Service or any termination of your use of or subscription to the Services.
Assignment. These Terms of Service are personal to You and are not assignable or transferable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without Your consent.
No Modifications by Our Employees. If any of our employees offer to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

Contact Information. If You have any questions regarding the Services, please contact the Company at info@clinicalihm.com or reach out to our service care number.