This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.pharmeasy.in website and its mobile applications.

 

*1. GENERAL

www.clearvikalp.com an E Commerce healthcare service provider with both customer friendly website and mobile application with brand name "clearvikalp" (hereinafter together be referred to as “Website") is run, operated and maintained by Axelia Solutions Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at B 302 Gokul Park , Virar West, Maharashtra , 401303 with website www.clearvikalp.com.

For the purpose of these Terms, wherever the context so requires "You", “Your” or "customer" shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.

Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Clearvikalp Management at its sole discretion and posted on the Website.

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.

Clearvikalp.com website and application is fully in compliance with the laws in India and Company shall not be liable to deliver any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The Customer agrees to use the service to authorise an individual and get the services from the third party on his/her behalf. Where you use any third-party website services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

 

2. Services:

 

Clearvikalp.com Webiste and mobile application is a platform that Provides online options to its customer for best healthcare options with the request made by its customers offered by Company's various registered third-party/ies (third parties shall for the purpose of this Terms, include without limitation, third-party labs/imaging/hospitals/homecare ("Services"). The sale & purchase / transaction between the registered third parties and You, of the Services, facilitated by the request placed by You on the Website and mbile application shall be governed by these Terms.

The Clearvikalp facilitates Customers to avail diagnostic test/ package/consultation/diet /homecare services facilities offered by third-party operated labs (“Labs”) through (i) the third party’s tab on its Website and mobile applications. The third party listed on website are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Customers in regards to the facilities availed by them through the Website. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Company only provides facilitation services to the Customers of the Website and Mobile applications. Customer and the The third party agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

 

*ELIGIBILITY OF USE

 

Use of Clearvikalp website and mobile application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the website and mobile application. The Services shall also not be available to any Customers suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the servicess through the website and mobile application. By accessing and using this website and mobile application, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the website and mobile application, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the website and mobile application if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the website and mobile application to new Customers or to terminate access granted to existing Customers at any time without according any reasons for doing so and You shall have no right to object to the same.

 

*Customer ACCOUNT, PASSWORD AND SECURITY

 

Company shall enable You to make the requisition of servicess available to You through the Website, only if You have provided Company certain required Customer information, including without limitation, name; customer ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the servicess by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a customer by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other customer of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Customers. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another Customer's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for Customer administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.

 

*CUSTOMER OBLIGATIONS

 

On complying with company policy and terms and condition, we would allow You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and mobile application and the Services provided herein.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Customers that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

Host, display, upload, modify, publish, transmit, store, update or share any information or customer submissions which:

belongs to another person and to which the customer does not have any right;

is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;

is harmful to child;

infringes patent, trademark, copyright or other proprietary or intellectual property rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

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 cognisable offence or prevents investigation of any offence or is insulting other nation;

is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;

Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other customer, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other customers in connection with the prohibited conduct and activities set forth in this Paragraph.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another customer of a service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the Customer's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the customer's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the servicess and Company shall in no manner be deemed to be the owner of the servicess on this Website. Company is only facilitating purchase of the servicess by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Customers.

You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other customer or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

 

*Notify us for any objection

 

If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at Support@clearvikalp.com As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

 

*INTELLECTUAL PROPERTY RIGHTS

 

All the content displayed on website and mobile application is self made content from Clearvikalp team and holds the intellectual property rights. No one can copy or duplicate , website name, logo, trademark without consent of the company.

 

*Clearvikalp MEMBERSHIP

 

Clearvikalp Provide its customer a subcription half yearly or annual membership plan.

All the details would be provide in Clearvikalp Membership section

The CLearvikalp membership is a non- transferrable and a non-assignable membership program and is non-refundable and the final call would be taken by Company

You have been informed that Company holds all the right to change plan, fees or termintate the membership plan

Customer wont be eligible for the services if found for any suspicious activity such as fraud or misuse of the service

 

*ADVERTISEMENT

 

Company would also display their partners services through advertisement on website and on mobile applications

All Advertisement made by the third party on company website would ensure all information provide are doable and realistic

 

*DISCLAIMER OF WARRANTIES AND LIABILITIES

 

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services will be effective, accurate or reliable; (iii) the quality of the Website, services will meet your expectations; or that (iv) any errors or defects in the Website, services will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law, Company will have no liability related to customer content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any customer content.

Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, servicess, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The Customer understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Company shall not be liable for any third-party services. The advertisement available on e-mail or Website with respect to the third-party website services are for information purpose only. You expressly agree that Your use of the Website is at Your risk.

 

*INDEMNIFICATION AND LIMITATION OF LIABILITY

 

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific coupon or service, under which the unlikely liability arises.

In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Customers and third party service providers. Company cannot and does not guarantee that the concerned Customers and/or third party service providers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Customers and third party service providers. Company does not, at any point of time during any transaction between Customers and third party service providers on the Website come into or take possession of any of the Services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Services offered by third party service providers to Customers.

At no time shall Company hold any right, title or interest over the servicess, nor shall Company have any obligations or liabilities in respect of such contract entered into between Customers and third party service providers. Company is not responsible for any unsatisfactory or delayed performance of services, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

*TERMINATION

 

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.

Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time

Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or

Company may also terminate or suspend all or a portal of Your Account or access to the Services with or without reason.

 

Cancelation & Refund Policy

A. Cancellation Policy

 

*How can customer cancel an order?

Customer should go to order details section and can cancel the scheduled order

Customer should cancel any order within defined time frame

• a. Cancellation upto 2 hrs before the scheduled time will be eligible for full refund
• b. Any cancellations post the above timeline will incur 25% cancellation charges
• c. Incase, the customer doesn't avail the service and or cancel the service on the scheduled date and time , no refund will be issued.

 

B.Refund Policy

 

*When can customer expect the amount to be refunded?

Once the order is cancelled by the customer within the defined time frame , customer would get the refund as per the cancellaton policy defined.

It would take some time for verification of the cancelled order and then the amount would be refunded to the customer

Customer can view the refund detail in "Refund status" section of the clearvikalp platform

For cash refund it would take 1 business day

For online refund it would take 3 to 5 business days

For Wallet refund it would take 2 to 3 business days

For NEFT it would take 2 to 3 business days

 

C.Assured Cashback Eligibility

 

Customers are entitled to get cashback on each order booked

Customer can view the Cashback received in " Earned Cashback" section of Clearvikalp Platform

Clearvikalp Management would have the complete authority to scrutinize , verify the eligibilty for eacrned cashback process and can anytime withdraw the offer without any prior information to its customer

• 1. For any services, where customer has paid amount on Clearvikalp Portal, would receive cashback after the services has been opted and completed
• 2. The amount would be credited with 2 business days in Earned Cashback wallet.
• 3. The Earned Cashback cannot be credited to customer's Bank
• 4. For any Service, where Customer had paid amount to Clearvikalp partner, then in such case , Customer need to upload the final bill copy of the amount paid to Clarvikalp partner
• 5. The Clearvikalp Management would verify such services opted and then only would credit the amount within 7 business days.
• 6. Customer can check on how to get cash back section on Clearvikalp Platform.