LAST UPDATED ON: 25/02/2023
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
By accessing or using the website available at www.clickoncare.com and any subdomains ("Website") and Our mobile application available on Android and iOS platforms ("Application"). You agree to be bound by these Terms.
("Agreement"). The Website and Application are collectively referred to as "Platform".
The expressions "You", "Your" or "User" refers to any person who downloads, accesses or uses the Platform for any purpose.
PLEASE READ THE TERMS MENTIONED CAREFULLY BEFORE PROCEEDING FOR BROWING, SURFING, TRANSACTING OR OTHERWISE USING THE PLATFORM.
All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.
- AMENDMENT TO THE TERMS
If You do not agree with these Terms or any provisions in the Agreement, then please refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the 'LAST UPDATED' at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.
- ELIGIBILITY CRITERIA
User(s) represent and warrant that they have the right to access or use the Platform. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Platform. As such, natural persons below 18 (Eighteen) years of age shall not register as a Member on the Platform and shall not download, access or use the Platform.
The Company reserves the right to terminate a User's membership and/or refuse to provide User with access to the Platform if it is brought to the Company's notice or if it is discovered that the User is below the age of 18 (Eighteen) years.
- GENERAL DISCLAIMER
3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
3.2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.
3.7. You agree not to indulge in any derogatory or negative statement(s) or comment(s) about the Platform, any Brand or domain name i.e. clickoncare.com.
- CODE OF CONDUCT
Users shall 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- 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;
- impersonates 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; and
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- engage in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Platform. Throughout this Terms, ClickOnCare prior written consent means a communication coming from ClickOnCare Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization; and
- 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 any other nation.
- MEMBER REGISTRATION
The User shall provide their mobile number for registering as a member on the Platform. The Company shall send a one -time password ("OTP") to the mobile number provided. On completion of verification the Indian citizen ("Domestic Member") or International citizen ("International Member") shall be registered on the Platform.
The Domestic Member and International Member shall be collectively referred to as "Member".
You are solely and fully responsible for maintaining and keeping secure Your account Information like Login ID and Passwords for all transacting, surf, or other related activities on the Platform. You agree that ClickOnCare reserves the right to terminate/disapprove/suspend/block access to your account permanently or temporarily as the case may apply, in case the registered information provided by You is wrong or inconsistent or found to be wrong or inconsistent.
On competition of the registration process the Member shall be able to purchase products listed on the Platform ("Products"). The Member must make payment for purchase of the Product as per the instructions stated in the Platform.
ClickOnCare will not be responsible for any loss/damage arising directly or indirectly to You due to:
- Failure of Authorization of Payment Transaction
- Exceeding the Pre-Set Limits on the Amount or Number of Transactions which exist with You and Your Bank.
- Any Transactional Issues pertaining to payments.
- Any related issues pertaining to transactions of payments.
All the payments must be necessarily and compulsorily be accepted by us in INR for all transactions. Any other currency will not be accepted on the Platform.
You agree, understand and accept that ClickOnCare is not a Banking Service Provider and that the Payment Facility offered by ClickOnCare is by acting as a Facilitator.
ClickOnCare reserves the right to impose limits on the Transaction Amount and Number of times a transaction can be undertaken by You. Also, We have the right to refuse any kind of transaction on grounds of the previous history of violations or breach of any contract/agreement either enforceable by Law or by any issuing Authority of the Government.
ClickOnCare may reject Your Cash on Delivery orders based on the creditworthiness and credibility of the Buyer based on certain checks conducted internally on the Platform.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by Us with our acquiring bank from time to time.
- SHIPMENT OF PRODUCTS
On payment for the Product, the Product shall be shipped as per the terms and conditions available at [https://www.clickoncare.com/terms-and-conditions].
- REFUND AND RETURNS
The return and refund of the Products shall be as per the terms available at (https://www.clickoncare.com/returns-and-cancellations)
EMI Terms & Conditions:
9.1. Select your preferred EMI option at the time of payment.
9.2. Total Cost shown does not include shipping charges.
9.3. Final EMI is calculated on the total value of your order at the time of payment.
9.4. GST may also be levied by the bank as applicable.
9.5. Interest amount on the first EMI will be calculated from the loan booking date till the payment due date.
9.6. The minimum order value to avail the EMI payment option
BANK NAME MINIMUM AMOUNT
Axis Bank EMI ₹ 2500
State Bank Of India EMI ₹ 2500
Kotak Bank EMI ₹ 2500
ICICI Bank EMI ₹ 2000
INDUSIND Bank EMI ₹ 2000
HSBC Bank EMI ₹ 2000
RBL Bank EMI ₹ 500
STANDARD CHARTERED Bank ₹ 2500
YES Bank EMI ₹ 2000
The Company may suspend or terminate Member use of the Platform:
10.1. if it believes, in its sole and absolute discretion that the Member have breached, violated, abused, or unethically manipulated or exploited any term of the Agreement;
10.2. if it is brought to the Company's notice or if it is discovered that the Member is under the age of 18 (eighteen) years; and
10.3. if the Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.
- USE OF YOUR PERSONAL INFORMATION
- NO GUARANTEES
- DISCLAIMER AND LIMITATION OF LIABILITIES
THE COMPANY IS MERELY A FACILITATOR. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of Bangalore, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).
- DISPUTE RESOLUTION
If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party's performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty five (45) days of either party sending a notice (in accordance to Clause 19) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in New Delhi, India. Such sole arbitrator shall be appointed by the Company.
All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to: ClickOnCare Retail Private Limited, Mano Felicity, 1st Floor 13-14/1, 1st Cross (Old 8th Cross), Parappana Agrahara, Post, Electronic City, Bengaluru, Karnataka 560100 or by email to firstname.lastname@example.org. All notices or demands to or upon Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by the Member on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to Member shall be deemed to be received by such Member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or immediately upon Platform's posting such notice on an area of the Platform that is publicly accessible.
20.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
20.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or