The domain name www.cloudninecare.com including its other domain names and other software’s and applications (“Website, “It’s Our Baby App”) is owned by Kids Clinic India Private Limited a Company incorporated under the provisions of Companies Act, 1956 and having its registered office at #1533, 9th Main, 3rd Block, Jayanagar, Bengaluru 560011 (Hereinafter referred to as Cloudnine). The Cloudnine may operate website/application in partnership with its agents, affiliates, associate, representatives or other third parties (“Partners”)
This Agreement applies to you as a Patient/ representative of Patient and it applies to all services made available by Cloudnine through its Website or software or application.
In order to use the full spectrum of Cloudnine Services, You need to register on the Cloudnine App and provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended. We reserve the right to cancel account when it deems it necessary.
You verify that all information provided by you is true and correct to the best of your knowledge.
The details are provided for getting you enrolled as customer for the services rendered by Kids Clinic India Pvt. Ltd. (Cloudnine). You understand that Kids Clinic India Pvt. Ltd. has agreed to enroll you as a customer and render its services consequent upon you agreeing to the following terms and conditions.
You hereby agree and authorise the Medical, Nursing and Para-Medical Staff of the Kids Clinic India Pvt. Ltd. to Investigate / treat / administer drugs / conduct tests etc. as may be necessary and to perform such operations under any anaesthesia or otherwise, as may be deemed necessary.
You agree that any dispute that may arise with respect to services/treatment/admission/lab/tests/surgery/diagnosis/opinion/procedures/billing/sale rendered by Kids Clinic India Pvt. Ltd. shall be referred and resolved by Arbitration under the provisions of Arbitration and conciliation Act, 1996. Arbitration shall be by sole Arbitrator to be appointed by Kids Clinic India Pvt. Ltd. The place of Arbitration shall be at Bengaluru. The language of Arbitration shall be English.
In case of any delay in payment of Bills, you agree to pay an interest of 18% per Annum on the outstanding amount.
You hereby authorise Cloudnine, its staff and its authorized agencies to send me relevant electronic communication through email, messages or in any other valid manner from time to time.
Eligibility for Use of Application
Use of the 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 minors, un-discharged insolvents etc. are not eligible to use the Website.
Contact information (Mobile Number)
Upon downloading the Cloudnine App, You have to necessarily allow permission to Cloudnine to send an SMS from Your smartphone to Cloudnine, which allows Cloudnine to verify Your mobile number and register Your device details against Your Cloudnine account. This is a mandatory security step, and You accept that Cloudnine has the sole right to not allow you to use Your Cloudnine app without the completion of this step. It is Your responsibility to provide Your correct mobile number so that We can communicate with You via SMS. You understand and agree that if We send you an SMS but You do not receive it because Your mobile number on file is incorrect or out of date, blocked by your service provider, or you are otherwise unable to receive SMS, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes SMSs from senders not listed in Your contacts, you must ensure that Cloudnine SMSs are marked as trusted as ‘not-spam’, so that you will be able to view the Communications we send to you.
The mobile number provided by you should be the same as registered with your bank against your bank account, to enable UPI transactions from Cloudnine app. Cloudnine will not be liable for any such mismatch leading to your failure to access UPI transactions on Cloudnine app.
It is Your responsibility to keep Your primary email address up to date so that We can communicate with You electronically. You understand and agree that if We send you an electronic communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add Cloudnine to your email address book so that you will be able to view the Communications we send to you.
You can update your primary email address at any time by logging into the Cloudnine App. If Your email address becomes invalid such that electronic communications sent to you by Us is returned, We may deem your account to be inactive, and You will not be able to transact any activity using your Cloudnine Account until We receive a valid, working primary email address from you.
The device (smartphone) on which You download Cloudnine App and use during registration, shall become Your registered device and it’s details shall be stored by us. The moment You log into your Cloudnine account from a different device using the Cloudnine app, You will be asked to allow Cloudnine to send an SMS from the new device, after which the new device becomes the registered device.
You will not be able to access your Cloudnine account or authorize UPI transactions using your previous device until you re-login and re-authorize yourself on that device.
Any Other information
We may ask for and store additional information to either extend more Services or even as additional requirement for continuing the existing Services or sub-services.
USE OF YOUR INFORMATION:
Having accurate information about us permits us to provide you with a smooth, efficient and customized experience. We may use information collected about you via the Application to the following among other reasons:
• Assist law enforcement and respond to subpoenas.
• Compile anonymous statistical data and analysis for use internally or with third parties.
• Create and manage our account.
• Deliver targeted advertising, coupons, newsletters and promotions and other information regarding the application to you.
• Email you regarding our account or order.
• Notify you of updates to the application.
• Offer new products, services, mobile applications and/or recommendations to you.
• Perform other business activities as needed.
• Process payments and refunds.
• Request feedback and contact you about your use of the Application.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Send you a newsletter.
We may share your information with our business partners to offer you certain products, services or promotions.
OTHER THIRD PARTIES
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
SALE OR BANKRUPTCY
Your Account and Registration Obligations
We use administrative, technical and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
This System is strictly for booking of non-emergency and non-urgent cases only. Emergency cases should be attended to at any hospital directly.
The System allows registered users to view, make, cancel and change appointments at the outpatient clinics of the Institutions for selected Medical Services.
While we will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, we do not guarantee that the User will get a confirmed appointment. Further, we have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the us or medical service provider/doctor, or the medical service provider/doctor are not available as per the given appointment time. The nature of work of doctors is such there may be un foreseeable emergencies.
We shall not be liable for:
i. any wrong medication or treatment quality being given by the doctor, diagnostic service providers, pharmacy, or any medical negligence on part of the any of the above;
ii.any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
iii.cancellation or rescheduling of booked appointment or any variance in the fees charged;
iv. any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
User agrees to defend, indemnify and to hold harmless Cloudnine, its officers, agents, employees, from and against loss, damage, cost and expense of claims and suits seeking damage alleged to have been caused by or attributed to or arising directly or indirectly by User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity including the cost and expenses of handling said claims and defending said suits.
The right to indemnity of a Party under this shall be without prejudice to any other right or remedy that may be available to such Party under this Agreement / applicable Law or equity.
Governing Law, Jurisdiction and Dispute Resolution
This Agreement and all questions of its interpretation shall be construed in accordance with the laws of India and the courts in Bengaluru shall have exclusive jurisdiction.
Any disputes and differences whatsoever arising under or in connection with this Agreement which could not be settled by Parties through negotiations, shall be finally settled through Courts at Bengaluru
If a User has any questions concerning the Website or Application, this Agreement, the Services, or anything related to any of the foregoing, please write to us at email@example.com
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or Application, you can contact our Grievance Officer at firstname.lastname@example.org
Disclaimer of Warranties
All information available on the Website or Application is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Cloudnine and its Partners will not be responsible for the same. Further Cloudnine and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
You shall not use the Services to defraud Cloudnine, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).
You shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons digital signatures or perform any other fraudulent activity.
You shall not post or transmit any message, image or data which is pornographic in nature.
You shall not use the Services in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Cloudnine.
You shall not use Cloudnine services for money laundering, tax evasion or any other illegal activities.
Consent to Electronic Communications and Transactions
By registering with Us, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the website. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting Us, but We reserve the right to terminate your Account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address, phone number or other contact information changes by updating your account information or contacting us.
Intellectual Property Rights
You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
Notwithstanding anything stated anywhere in this agreement, the courts at Bangalore shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the App/Website or the Services or the information to which it gives access.