Legal
Terms of Service
TERMS AND CONDITIONS OF USE
The terms, conditions, and disclaimers governing your access to and use of GoClinica's website, mobile applications, and services.
Last updated: July 24, 2026Version: 1.0
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Overview
HealthChip Technologies Private Limited (hereinafter referred to as the “Company,” “we,” “us,” or “our”), acting for itself and its affiliates/group entities operating under the trade name “GoClinica,” is the proprietary owner and operator of the internet resource located at www.goclinica.com and the mobile application branded as “GoClinica” (collectively, the “Website”).
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1. NATURE AND APPLICABILITY OF TERMS
1.1 Agreement
These Terms and Conditions (the “Terms”), the Privacy Policy accessible at https://www.goclinica.com/company/privacy (the “Privacy Policy”), and the Cookie Policy accessible at https://www.goclinica.com/company/cookie-policy (the “Cookie Policy”), collectively constitute a binding legal agreement (the “Agreement”) between you (the “User”) and the Company, governing your access to the Website and your utilization of the services provided therein (the “Services”). Where the User avails of GoConsult or installs or uses the GoClinica Clinic Management Software (the “GoClinica CMS”), the GoConsult Terms and Conditions (the “GoConsult Terms”) and/or the GoClinica CMS End User License Agreement (the “CMS EULA”), as applicable, supplement this Agreement and form part thereof in respect of those specific services. In the event of any conflict between these Terms and the Privacy Policy, the Cookie Policy, the GoConsult Terms, or the CMS EULA on a matter within the specific subject matter of the Privacy Policy, the Cookie Policy, the GoConsult Terms, or the CMS EULA (as applicable), the Privacy Policy, the Cookie Policy, the GoConsult Terms, or the CMS EULA, as the case may be, shall prevail solely in respect of that matter; in all other respects, these Terms shall prevail.
1.2 Scope of Applicability
This Agreement applies to all Users of the Website, categorized as follows:
•Practitioner(s): Any medical professional, healthcare provider, or institution (including their authorized associates) listed or seeking to be listed on the Website.
•End-User(s): Patients, or their authorized representatives, utilizing the Website to search for, evaluate, or engage with Practitioners.
•General User(s): Any other individual or entity accessing or using the Website.
1.3 Scope of Services
The Services offered via the Website include, but are not limited to:
•For Practitioners: Facilitating the digital listing of professional profiles, credentials, and contact information.
•For End-Users: Provision of tools to establish and maintain ‘HealthHub’ accounts, search for Practitioners based on specific criteria (e.g., specialty, location), and schedule medical appointments.
The Company reserves the right to modify, amend, or terminate any or all Services at its sole discretion. Any such modifications shall be governed by this Agreement.
1.4 Acceptance of Terms
By downloading the GoClinica mobile application or accessing the Website, the User provides express and irrevocable consent to be bound by these Terms, the Terms of Service, the Privacy Policy, and the Cookie Policy, and, where applicable, the GoConsult Terms and the CMS EULA. This Agreement supersedes all prior agreements, representations, or understandings, whether oral or written, concerning the subject matter herein. Failure to agree to any portion of this Agreement shall strictly prohibit the User from accessing or utilizing the Website or any related Services.
1.5 Modifications to the Agreement
The Company reserves the right to amend, modify, or terminate any portion of this Agreement at its sole discretion. Any such changes shall be communicated to the User in writing, including by posting the updated Terms on the Website with a revised effective date. Continued use of the Website following such notification constitutes the User’s affirmative acceptance of the modified Agreement. It is the responsibility of the User to periodically review these Terms for updates.
1.6 Governance and Jurisdiction
This Agreement is executed in compliance with, and shall be governed by and construed in accordance with, the laws of India, including but not limited to:
•The Indian Contract Act, 1872;
•The Information Technology Act, 2000;
•The Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Data or Information (SPDI)] Rules, 2011;
•The Information Technology [Intermediary Guidelines and Digital Media Ethics Code (IG)] Rules, 2021;
•The Digital Personal Data Protection Act, 2023, and the Digital Personal Data Protection Rules, 2025, as the same come into force in a phased manner;
•The Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020;
•The National Medical Commission Act, 2019, and the regulations governing the professional conduct, etiquette, and ethics of registered medical practitioners issued thereunder;
•The Telemedicine Practice Guidelines, 2020;
•The Clinical Establishments (Registration and Regulation) Act, 2010;
•The Drugs and Cosmetics Act, 1940, and the rules made thereunder;
•The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
•The Copyright Act, 1957, and the Trade Marks Act, 1999; and
•The Arbitration and Conciliation Act, 1996.
The reference to the aforementioned statutes, rules, and regulations is illustrative and not exhaustive. The User acknowledges that certain of these enactments (including the Digital Personal Data Protection Act, 2023 and the rules framed thereunder) are being brought into force in a phased manner, and that GoClinica’s obligations thereunder shall apply prospectively as and when the corresponding provisions come into effect.
1.7 Territorial Restriction
1.7.1The Website, the Services, and this Agreement are intended solely for Users located in India, and for the discovery of and engagement with Practitioners, clinics, and healthcare services situated in India. GoClinica makes no representation that the Website, the Services, or any content available thereon are appropriate, legal, or available for use in any jurisdiction outside India.
1.7.2If you are accessing the Website from outside India, or if you are otherwise subject to the laws of a jurisdiction other than India (including, without limitation, the European Union, the European Economic Area, or the United Kingdom), you are not permitted to register for, or otherwise use, the Website or the Services, and you must discontinue access immediately. By continuing to access or use the Website, you represent and warrant that you are accessing the Website from within India and that your use of the Services is intended for the discovery of, or engagement with, healthcare services within India.
1.7.3GoClinica does not direct, target, or market the Website or the Services toward individuals located outside India, and does not intend to offer goods or services to, or monitor the behaviour of, individuals located outside India for the purposes of any foreign data protection or consumer protection law. Any access to or use of the Website by a person located outside India is undertaken solely at such person’s own initiative and risk, and shall not, by itself, be construed as GoClinica offering or directing the Services toward that person’s jurisdiction.
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2. ELIGIBILITY AND CONDITIONS OF USE
2.1 Age Requirement
2.1.1Access to the Website, independent registration for an account, and utilization of the Services are strictly reserved for individuals who have attained the age of majority, being 18 years or older. No individual below the age of 18 (“Minor”) may independently create, register, or maintain an account on the Website.
2.1.2Minor’s Profile as a Dependent. Notwithstanding Clause 2.1.1, a Minor’s profile may be created solely as a dependent profile linked to, and maintained under, the account of a User who is the Minor’s parent or lawful guardian, strictly for the purpose of availing healthcare-related Services on behalf of the Minor, in accordance with Clause 3.7 (Health Data Management Facility) of these Terms. By creating such a dependent profile, the parent or lawful guardian:
(a)confirms that they are the parent or lawful guardian of the Minor and are legally authorized to consent on the Minor’s behalf;
(b)provides verifiable consent, on the Minor’s behalf, to GoClinica’s collection and processing of the Minor’s information for the purpose of availing the Services, in accordance with the Digital Personal Data Protection Act, 2023;
(c)assumes full responsibility for the accuracy of the information provided in respect of the Minor’s dependent profile and for all activity conducted through it; and
(d)acknowledges that a Minor’s dependent profile cannot be operated independently by the Minor, and that all access, consents, and communications in respect of such profile shall be through the parent or lawful guardian’s account.
A Minor does not, by virtue of having a dependent profile created under this Clause 2.1.2, become a User in their own right, and no provision of this Agreement shall be construed as permitting a Minor to independently accept this Agreement, make payments, or otherwise contract with GoClinica.
2.2 Representations and Warranties
By registering for, visiting, or otherwise accessing the Website, or by formally accepting this Agreement, the User hereby represents and warrants to GoClinica that:
•the User has attained the age of at least 18 years;
•the User possesses the full legal right, requisite authority, and mental capacity to enter into this Agreement; and
•the User agrees to comply with, and be bound by, all terms and conditions stipulated within this Agreement.
2.3 Discretionary Access
Access to the Website and the provision of Services remains, at all times, subject to the sole and absolute discretion of the Company. For any inquiries regarding this Agreement, please contact us at support@goclinica.com.
2.4 Absence of Physician-Patient Relationship and Emergency Medical Services
2.4.1Emergency Medical Services. The Services provided herein are not a substitute for professional emergency medical intervention. If a User, or any individual acting on behalf of a User, experiences a medical emergency, such party is expressly directed to bypass the Services and immediately contact local emergency services, ambulance providers, or an appropriate hospital facility.
2.4.2Limitation of Liability and Representations. All Information provided by GoClinica, its employees, contractors, partners, sponsors, advertisers, or licensors, whether through the Website or otherwise, is for general informational purposes only. GoClinica makes no representations or warranties, express or implied, regarding the professional qualifications, competence, expertise, or quality of care of any Practitioner featured on the Website. To the maximum extent permitted by applicable law, GoClinica shall not be held liable for any decisions, actions, or omissions undertaken by any party in reliance upon the Information disseminated via the Website.
2.4.3Non-Binding Nature of Information. The Website may host content authored by individuals within the medical profession, including text, data, graphics, imagery, guidance, and suggestions (collectively, “Information”). Accessing or relying on any such Information does not, under any circumstances, create a physician-patient relationship between the User and GoClinica, or between the User and the author of such Information. The Information is made available solely to help Users identify and access appropriate care from qualified Practitioners, and does not constitute professional medical advice, a clinical diagnosis, or a treatment plan applicable to any individual’s specific condition. Users should not rely on the Information as a substitute for consultation with a qualified healthcare professional.
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3. TERMS OF USE APPLICABLE TO NON-PRACTITIONER USERS
The provisions set forth in this Clause 3 apply exclusively to Users other than Practitioners.
3.1 END-USER ACCOUNTS AND DATA PRIVACY
3.1.1Definitions. The terms “personal information” and “sensitive personal data or information” shall carry the meanings ascribed to them under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), as further detailed in the Privacy Policy.
3.1.2Data Collection and Usage. GoClinica reserves the right to collect technical data pertaining to the devices through which the User accesses the Website, as well as anonymized usage metrics. Such data shall be utilized solely for the purposes of service optimization, quality assurance, and the development of new service offerings.
3.1.3Consent to Communication. The User expressly consents to GoClinica utilizing their registered email address and telephone number for communication purposes, including but not limited to, the facilitation of appointment bookings and the solicitation of feedback regarding Practitioners and their respective practices.
3.1.4Privacy Policy Compliance. The Privacy Policy delineates the following:
•categories of data collected from Users, including sensitive personal data or information;
•the objectives, methodologies, and modes of data processing;
•the protocols governing the disclosure of such information to third parties; and
•all other disclosures mandated by the SPDI Rules.
3.1.5User Acknowledgement. By accessing the Services, the User acknowledges and represents that they have reviewed and understood the Privacy Policy, including, without limitation:
•the nature and purpose of data collection and retention;
•the identity and contact information of the collecting and retaining agencies;
•the designated recipients of the data; and
•the statutory rights available to the User regarding their data.
3.1.6Accuracy of Information. GoClinica disclaims all liability regarding the veracity, authenticity, or accuracy of the personal information or sensitive personal data supplied by the User, or any party acting on the User’s behalf.
3.1.7Account Security and Liability. The User bears sole responsibility for maintaining the confidentiality of their account credentials and password. The User shall be held accountable for all activities conducted through their account, regardless of whether such access was authorized. In the event of any actual or suspected unauthorized access, the User shall notify GoClinica immediately at support@goclinica.com. While GoClinica disclaims liability for losses arising from unauthorized account usage, the User may be held liable for any damages incurred by GoClinica or third parties resulting from such unauthorized use.
3.1.8Consequences of Inaccurate Information. GoClinica relies on the information provided by Users to deliver its Services effectively and safely. Accordingly, if a User provides, or if GoClinica has reasonable grounds to believe that a User has provided, any information that is untrue, inaccurate, incomplete, misleading, or outdated, GoClinica reserves the right, in its sole and absolute discretion, and without prior notice, to:
(a)suspend or restrict the User’s access to the Website or any part of the Services;
(b)terminate the User’s account and access to the Services; and/or
(c)take any other action available to GoClinica under Clause 6 (Termination of Access) of these Terms.
GoClinica shall not be liable for any loss, damage, or inconvenience arising from any action taken under this Clause 3.1.8, including where such action is based on information later found to be accurate. The User remains solely responsible for ensuring that all information provided to GoClinica is true, accurate, complete, and kept up to date at all times.
3.1.9Administrative Access. For the purpose of troubleshooting, debugging, and resolving customer support-related inquiries, the User acknowledges that GoClinica may access information collected from the User.
3.1.10Data Principal Rights under the DPDP Act. To the extent the User qualifies as a “Data Principal” under the Digital Personal Data Protection Act, 2023 (“DPDP Act”), and subject to the phased implementation of the DPDP Act and the Digital Personal Data Protection Rules, 2025, the User shall be entitled to exercise such rights as are made available under the DPDP Act, including the right to obtain a summary of personal data processed, the right to correction and updating of personal data, the right to erasure of personal data (unless retention is required for a specified purpose or under law), the right to grievance redressal, and the right to nominate another individual to exercise these rights on the User’s behalf in the event of death or incapacity. The manner in which such rights may be exercised, the identity and contact details of GoClinica’s Data Protection Officer or other designated contact person, and the applicable process and timelines are set out in the Privacy Policy. Nothing in this Clause 3.1.10 shall be construed as GoClinica assuming obligations under the DPDP Act in advance of the date on which the corresponding provisions come into force.
3.2 LISTING CONTENT AND DISSEMINATION OF INFORMATION
3.2.1Practitioner Information. GoClinica aggregates and displays information pertaining to Practitioners, including but not limited to professional qualifications, specializations, consultation fees, practice locations, and operating hours. While GoClinica employs commercially reasonable efforts to validate and update such information, it disclaims all liability for any inaccuracies, omissions, or errors contained therein, notwithstanding the screening processes implemented.
3.2.2Disclaimer of Warranties and Limitation of Liability. The Services are provided on an “as is” and “as available” basis. GoClinica hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. GoClinica provides no guarantees regarding the accuracy, completeness, or reliability of any content generated by Users. To the maximum extent permitted by applicable law, GoClinica shall not be liable for any claims, losses, or damages arising from the User’s reliance on the Website, the Services, or any representations, opinions, or suggestions provided by third parties or displayed on the Website.
3.2.3Third-Party Links. The Website may contain hyperlinks to third-party websites or services. GoClinica exercises no control over such external resources and assumes no responsibility for their content, accuracy, reliability, or quality. The inclusion of any link does not constitute an endorsement by GoClinica. Accessing third-party sites via the Website is at the User’s sole risk.
3.2.4Limitation of Technical Liability. GoClinica assumes no liability for any damage to, or viruses that may infect, the User’s hardware, software, or other property resulting from the User’s access to, browsing of, or downloading of materials from the Website. The User’s sole and exclusive remedy for dissatisfaction with the Website is the immediate discontinuance of its use.
3.2.5Fraudulent Activity and Indemnification. GoClinica reserves the right to immediately suspend or terminate a User’s access to the Website upon determining, at its sole discretion, that the User has provided fraudulent, inaccurate, or incomplete information, including but not limited to feedback. GoClinica further reserves the right to publish such findings on the Website in association with the User’s name or clinic’s name to protect its interests and the interests of its User base. The User agrees to indemnify, defend, and hold harmless GoClinica from any and all losses, damages, or claims arising from the User’s misrepresentations or fraudulent conduct.
3.2.6Industry Pricing Benchmarks. Information published under the designation “Regional Pricing Trends” is for general guidance only and is derived from proprietary benchmarking groups selected by GoClinica. GoClinica does not warrant the accuracy of the underlying data and is under no obligation to disclose the sources of such data. GoClinica expressly disclaims all liability for any consequences arising from the use of or reliance upon such pricing information.
3.3 PRACTITIONER LISTING AND RANKING ALGORITHM
3.3.1Automated Listing Methodology. The display order of Practitioners, including their profiles and practice-related information on the Website, is determined by a fully automated relevance algorithm. The User acknowledges that the resultant listing does not constitute an objective ranking, an endorsement, or a recommendation by GoClinica.
3.3.2Factors Influencing Algorithmic Output. The algorithm determines the sequence of Practitioner listings based on an automated computation of various data points, including, but not limited to, feedback and comments provided by Users. GoClinica reserves the right to modify the algorithm from time to time at its sole discretion to enhance the performance and accuracy of the Services.
3.3.3Limitation of Liability. GoClinica shall not be liable for any fluctuations in the visibility or ranking of Practitioners within search results, which may occur periodically. Furthermore, GoClinica expressly disclaims all responsibility and liability for the accuracy, relevancy, or composition of the listing order generated by the algorithm.
3.4 APPOINTMENT BOOKING FACILITY
3.4.1Nature of Service. GoClinica provides a digital platform to facilitate the scheduling of appointments between Users and Practitioners. While GoClinica endeavours to secure confirmed appointments, it assumes no liability for cancellations, rescheduling, or the unavailability of a Practitioner.
3.4.2No Endorsement. Search results generated by the Website do not constitute an endorsement, recommendation, or warranty of any Practitioner’s professional competence. Any engagement with a Practitioner is undertaken by the User at their own sole risk.
3.4.3Disclaimer of Liability. GoClinica acts solely as an intermediary and is not a provider of healthcare or medical advice. Consequently, GoClinica expressly disclaims all liability for:
•interactions between the User and the Practitioner;
•the Practitioner’s performance, intent, or capacity to fulfil obligations;
•claims of medical negligence, improper treatment, or diagnostic errors;
•any misconduct or unprofessional behaviour by the Practitioner or their staff; and
•cancellations, “no-shows,” or variations in fees.
3.4.4User Feedback. While Users are permitted to provide feedback, such content must strictly comply with applicable law and Clause 3.6 of these Terms. GoClinica reserves the right to determine, at its sole discretion, whether to take action upon such feedback, and is under no obligation to act upon requests for the delisting or removal of any Practitioner.
3.4.5Appointment Policies: No-Show, Cancellation, and Refunds.
(a)User-No-Show (UNS) Policy.
•Definition: A “User-No-Show” (UNS) occurs when a User fails to attend a booked appointment without prior cancellation, rescheduling, or notification to the Practitioner.
•Practitioner Reporting: Practitioners may report an UNS event via the GoClinica Clinic Management Software (CMS) one (01) hour after, and within seven (07) days of, the missed appointment. Following such a report, GoClinica will issue an email or SMS notification (“UNS Communication”) to the User.
•Validity Determination: An UNS is considered “Valid” if the User fails to respond to the UNS Communication within ten (10) days, or if the reason provided for the absence is deemed inadequate by GoClinica (e.g., forgetfulness, choice to visit another provider, or work-related conflicts).
•Account Consequences: Upon accumulating three (03) instances of “Valid UNS,” the User’s access to the online booking facility will be temporarily suspended for a period of three (3) months.
•Emergencies and Liability: In instances of a verified, medically documented emergency, GoClinica may, at its sole discretion, process a refund after deducting any applicable cancellation fees. GoClinica’s aggregate liability for any pre-paid confirmed appointment claims arising under this policy is strictly limited to Rs. 250 (Indian Rupees Two Hundred and Fifty Only).
(b)Cancellation and Refund Policy.
•Practitioner Absence: If a Practitioner is unavailable for a prepaid, pre-booked appointment, the User must notify support@goclinica.com within five (05) days. Upon verification, the consultation fee will be refunded to the original payment method within ten (10) business days.
•User No-Show: No refunds shall be issued if a User fails to attend an appointment without providing prior notice of cancellation.
•Cancellation Fees: If a Practitioner’s practice policy includes cancellation fees, the User is not entitled to a full refund, regardless of the timing of the cancellation.
•Wait Times: Users are not entitled to refunds or compensation for wait times or delays encountered at the Practitioner’s clinic, even if the User chooses to forgo the appointment due to such delays.
3.5 CONTENT OWNERSHIP AND CONDITIONS OF ACCESS
3.5.1Proprietary Rights and Ownership. All content hosted on the Website is categorized as either: (i) content generated by Users, or (ii) content proprietary to GoClinica. Data collected by GoClinica, whether directly or indirectly from End-Users or Practitioners, shall be the exclusive property of GoClinica. Any reproduction or unauthorized use of copyrighted material published by GoClinica for commercial purposes or for pecuniary gain constitutes a violation of copyright law, and GoClinica expressly reserves all rights and remedies available under applicable law.
3.5.2Authorized Use. GoClinica grants the User a limited, non-exclusive, non-transferable license to access and view the content available on the Website and the GoClinica mobile application (available on the Android and iOS platforms) (together, the “Platform”) strictly for the purpose of scheduling, managing, consulting, and communicating as permitted under this Agreement. All materials on the Platform, including but not limited to text, graphics, imagery, logos, button icons, software code, design, and the overall compilation and arrangement thereof (collectively, “GoClinica Content”), are the exclusive property of GoClinica and are protected by applicable copyright, trademark, and other intellectual property laws. Users are strictly prohibited from modifying, reproducing, publicly performing, distributing, or otherwise utilizing GoClinica Content for any public, commercial, or personal gain.
3.5.3Prohibited Use and Benchmarking. Accessing the Services for the purpose of monitoring availability, performance, functionality, or for any other benchmarking or competitive analysis is strictly prohibited.
3.5.4Mobile Application License.
(a)License Grant. Subject to your compliance with this Agreement, GoClinica grants you a limited, non-exclusive, non-transferable, revocable, personal license to download, install, and use the GoClinica mobile application (the “App”) in object code form only, on a mobile device that you own or control, solely for your personal, non-commercial use in accordance with this Agreement.
(b)Restrictions. You shall not, and shall not permit any third party to: (i) copy, modify, or create derivative works of the App; (ii) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law; (iii) rent, lease, lend, sell, sublicense, redistribute, or otherwise transfer the App to any third party; (iv) remove, alter, or obscure any proprietary notices on the App; or (v) use the App in any manner that violates applicable law, including export control and sanctions laws.
(c)Third-Party Platform Terms. Your download and use of the App is also subject to the applicable terms of service of the platform through which you obtained it (the Apple App Store or the Google Play Store, as applicable) (“Platform Terms”). Where you have downloaded the App from the Apple App Store, the following additional terms apply, and, as between you and Apple, Apple’s role is limited to that of the App Store provider:
•this Agreement is between you and GoClinica only, and not with Apple Inc. (“Apple”), and Apple is not responsible for the App or its content;
•Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
•in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you (where a purchase price was paid); to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App;
•Apple is not responsible for addressing any claims by you or any third party relating to the App, including but not limited to product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation;
•and Apple is not responsible for the investigation, defense, settlement, or discharge of any claim that the App, or your possession and use of it, infringes a third party’s intellectual property rights;
•you shall comply with any applicable third-party agreements in place when using the App (e.g., your wireless data service agreement); and
•Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Clause 3.5.4, and, upon your acceptance of this Agreement, Apple shall have the right to enforce this Clause 3.5.4 against you as a third-party beneficiary thereof.
(d)Updates. GoClinica may, from time to time and without prior notice, release updates, patches, or new versions of the App, which may be installed automatically depending on your device settings. Continued use of the App following such an update constitutes your acceptance of the updated App, subject to this Agreement.
(e)Termination. The license granted under this Clause 3.5.4 shall terminate automatically, without notice, upon your breach of this Agreement, or upon your uninstalling or ceasing to use the App. Upon termination, you shall cease all use of the App and destroy all copies of the App in your possession or control.
3.6 FEEDBACK, USER-GENERATED INSIGHTS (“PEOPLE’S VOICE”), AND EDITORIAL DISCRETION
3.6.1Applicability. By utilizing this Website, the User acknowledges and agrees that all information shared with GoClinica or any Practitioner is governed by the Privacy Policy.
3.6.2User Responsibility and Intermediary Status. The User assumes sole responsibility for all content submitted for publication on the Website, including personal experiences, recommendations, and critiques regarding Practitioners or other healthcare professionals (collectively, “User-Generated Insights,” also known as “People’s Voice”). The User acknowledges that GoClinica’s role in publishing such User-Generated Insights is limited to that of an “intermediary” as defined under the Information Technology Act, 2000. GoClinica disclaims all liability regarding the accuracy, veracity, or substance of such User-Generated Insights. Furthermore, GoClinica is under no obligation to provide any form of consideration or compensation to any User for the reproduction or dissemination of such content across its platforms.
3.6.3Content Restrictions. The publication of User-Generated Insights is subject to the conditions set forth in Clause 5.4 of these Terms. Without limiting the generality of Clause 5.4, the User represents and warrants that they shall not post or publish any content that:
•infringes upon the intellectual property, publicity, or privacy rights of any third party; or
•violates any applicable law, regulation, or guideline, including but not limited to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Rules”) and the SPDI Rules.
3.6.4User Warranties for Feedback Submission. In addition to the restrictions set out in Clause 3.6.3, a User submitting a User-Generated Insight further represents and warrants that:
(a)the User-Generated Insight is based on a genuine, first-hand, and personal experience with the Practitioner or service in question;
(b)the content is truthful, accurate to the best of the User’s knowledge, and free from malicious intent, defamatory statements, or hate speech;
(c)the User-Generated Insight has not been submitted by the Practitioner concerned, their staff, employees, agents, competitors, or any individual acting under a conflict of interest, and has not been solicited, incentivized, or fabricated in any manner; and
(d)the User-Generated Insight does not disclose any sensitive personal information or health information relating to the User, the Practitioner, or any third party that the User does not intend or wish to be made public, it being clarified that GoClinica’s ability to mask such information under Clause 3.6.5 is a protective measure and not a substitute for the User’s own discretion in what is submitted.
GoClinica reserves the right to verify, investigate, or request supporting information in relation to any User-Generated Insight to confirm compliance with this Clause 3.6.4, and to take such action as set out in Clause 3.6.5 or under GoClinica’s Fraud Detection Policy (Clause 3.8) where a breach of this Clause is identified or suspected.
3.6.5Editorial Discretion and Masking. GoClinica reserves the right, at its sole discretion, to withhold, redact, or decline the publication of any User-Generated Insights if required by law or to ensure compliance with Clause 5.4 of these Terms. The actions described in this Clause 3.6.5 are undertaken by GoClinica solely in its capacity as an intermediary, for the limited purposes of legal compliance, privacy protection, and formatting, and are not intended to constitute the selection or modification of the substantive content of any communication for the purposes of Section 79 of the Information Technology Act, 2000. Without limiting the foregoing, such editorial discretion includes the right to:
(a)correct grammatical, spelling, or formatting errors, provided the substance of the User’s experience is not materially misrepresented;
(b)remove profanity, hate speech, defamatory statements, or content that violates these Terms or the IG Rules;
(c)mask, redact, or anonymize personally identifiable or sensitive information contained within User-Generated Insights, including names, contact details, medical conditions, diagnoses, or other information relating to the User, the Practitioner, or any third party, where GoClinica reasonably determines such masking is necessary to protect privacy or comply with applicable law;
(d)remove or decline to publish User-Generated Insights that are found to be fraudulent, incentivized, fabricated, or submitted by a User who did not avail the relevant service, or that are the subject of a dispute, complaint, or legal notice from the Practitioner concerned, or that otherwise breach the warranties set out in Clause 3.6.4; and
(e)remove or redact any portion of a User-Generated Insight that comments on, alleges, or makes any assertion regarding the clinical competence, medical judgment, diagnostic accuracy, treatment efficacy, or professional capability of a Practitioner, where such assertion pertains to matters of medical or clinical opinion that the User is not qualified to assess, and which GoClinica, at its sole discretion, determines could be misleading, unsubstantiated, or harmful to the reputation of the Practitioner without due medical basis. For the avoidance of doubt, this shall not restrict a User from sharing factual, experience-based feedback regarding service quality, wait times, staff conduct, billing, communication, or the overall experience of availing services through the Website.
GoClinica shall not be obligated to notify the User before taking any action under this Clause 3.6.5, and shall not be liable for any loss, damage, or claim arising from the editing, masking, redaction, rejection, or removal of User-Generated Insights, including any claim that such action altered the intent or meaning of the original submission.
3.6.6Consent to Communication. The User provides express consent for GoClinica to contact them via email, SMS, or other electronic means for the purposes of:
•soliciting feedback regarding the Website or GoClinica’s Services;
•soliciting feedback regarding Practitioners listed on the Website; and
•resolving complaints, inquiries, or queries raised by Practitioners concerning the User’s User-Generated Insights.
The User agrees to cooperate fully with GoClinica in connection with such communications.
3.7 HEALTH DATA MANAGEMENT FACILITY
3.7.1Categories of Data. GoClinica provides End-Users with a complimentary “Health Data Management” facility accessible via the GoClinica mobile application. Information within this facility is categorized as follows:
•User-Generated Data: Information uploaded directly by the User or generated through interaction with the GoClinica ecosystem (e.g., appointment history, medicine orders).
•Practice-Generated Data: Health records generated through interactions with Practitioners utilizing GoClinica CMS and/or other GoClinica software solutions.
3.7.2Terms of Service for Health Data Management.
(a)Activation. Access to the Health Data Management facility is contingent upon the User’s registration and express acceptance of these Terms.
(b)Nature of Practice-Generated Data. Practice-generated records are provided on an “as-is” basis. The Practitioner assumes sole risk and responsibility for the accuracy and integrity of such records. GoClinica does not validate or represent the accuracy of this data. Users must address any discrepancies, additions, or modifications directly with the relevant Practitioner.
(c)Service Availability. While GoClinica endeavours to maintain high service availability, it disclaims liability for any service interruptions or inability to access records.
(d)Reminders. Reminders generated by the Health Data Management facility are strictly supplementary. Users are responsible for verifying all medical instructions against their original prescriptions. GoClinica disclaims liability for any non-delivery, delayed delivery, or inaccurate delivery of reminders. Users may disable this feature via the application settings at any time.
(e)Contact Information Accuracy. Users are responsible for ensuring that their registered mobile number and email address are current. GoClinica is not liable for any loss, inconvenience, or failure of delivery resulting from the User’s failure to maintain accurate contact information.
(f)Security and Unauthorized Access. GoClinica employs industry-standard security and encryption protocols. However, it does not guarantee protection against unauthorized access resulting from compromised user credentials. Users are solely responsible for safeguarding their login credentials and must report any suspected breach to support@goclinica.com immediately.
(g)Dependent Records. Users registering dependents within their own account are deemed responsible for the records of said dependents. Where a dependent is a child (as defined under the DPDP Act), the creation and maintenance of such dependent’s profile shall be subject to Clause 2.1.2 (Minor’s Profile as a Dependent) of these Terms, and the User confirms that they are the parent or lawful guardian of such child and provides verifiable consent, on the child’s behalf, to the processing of the child’s personal data strictly for the purpose of availing the Services, in accordance with the DPDP Act. GoClinica shall not knowingly process a child’s personal data for behavioural monitoring or targeted advertising directed at the child. Where a dependent is an adult, the User warrants that they have obtained all necessary consents from such dependent to manage, share, upload, or publish sensitive personal information. GoClinica assumes no liability for disputes or claims arising from the management of dependent records, and the User agrees to indemnify GoClinica against any such claims.
(h)Deletion of Records. Users may request the deletion of their records by contacting customer support. Such deletion pertains only to the User’s account and associated data held by GoClinica; records maintained by Practitioners in their independent accounts remain unaffected.
(i)Data Synchronization. Failure to synchronize local data with GoClinica’s servers may result in the permanent loss of User-generated records.
(j)Security Time-Outs. For security purposes, prolonged periods of inactivity may result in temporary restricted access to health data.
(k)Delivery Failures. GoClinica disclaims liability for the non-delivery or delayed delivery of health records, notwithstanding its reasonable efforts.
(l)Incorrect Data Entry. GoClinica is not responsible for the association of health records with incorrect contact information provided by the Practitioner.
(m)Content Disclaimer. GoClinica disclaims all liability for the content, medical accuracy, or language contained within any health record. The Practitioner remains exclusively responsible for the information provided to the User and to GoClinica.
(n)Retraction Rights. GoClinica reserves the right, at its sole discretion, to retract any health record without prior notice if it is determined that such records were shared erroneously or inadvertently.
(o)Mandatory Disclosure. GoClinica shall comply with all valid court orders or mandates from competent jurisdictions requiring the disclosure of health records as required by law.
(p)Operational Access. The User acknowledges that GoClinica may access health records as necessary to resolve technical or operational issues pertaining to record ownership or accessibility.
(q)Data Storage and Processing. The User acknowledges that Practitioners may utilize GoClinica’s software or third-party solutions to manage their business, which may involve the storage of records both within and outside of India, in accordance with applicable data protection laws.
(r)Historical Data Mapping. By creating a GoClinica account, the User consents to the aggregation and mapping of historical records available in GoClinica’s database (pertaining to previously visited clinics or hospitals) to the User’s current account. The User further consents to the storage and processing of such records in India and abroad, as required for service provision.
3.8 FRAUD DETECTION POLICY
3.8.1Monitoring and Detection. GoClinica employs automated systems, manual reviews, and third-party tools to detect, investigate, and prevent fraudulent, deceptive, or abusive activity on the Website, including but not limited to:
(a)fraudulent bookings, cancellations, or payment transactions;
(b)fake, incentivized, or manipulated reviews and ratings;
(c)impersonation of Practitioners, clinics, or other Users;
(d)misuse of promotional codes, referral programs, or discounts;
(e)unauthorized access to accounts or misuse of another User’s credentials;
(f)submission of false credentials, qualifications, or identity documents by Practitioners; and
(g)any other activity that GoClinica reasonably determines to be fraudulent, misleading, or in violation of these Terms.
3.8.2Investigative Actions. Where GoClinica suspects fraudulent activity, it reserves the right, at its sole discretion and without prior notice, to:
(a)suspend, restrict, or terminate the User’s or Practitioner’s account or access to the Website;
(b)withhold, reverse, or cancel any pending or completed transaction, payout, or refund;
(c)request additional verification or documentation from the User or Practitioner;
(d)remove or mask any associated content, listing, or User-Generated Insight; and
(e)report such activity to relevant law enforcement, regulatory authorities, or payment processors, as required or permitted by applicable law.
3.8.3User Cooperation. Users and Practitioners agree to cooperate in good faith with any investigation conducted by GoClinica, including providing requested information or documentation within a reasonable timeframe. Failure to cooperate may result in continued suspension or termination of access to the Website.
3.8.4No Liability for Good-Faith Actions. GoClinica shall not be liable for any loss, damage, or inconvenience arising from actions taken in good faith to detect, investigate, or prevent suspected fraud, including the suspension of accounts, withholding of funds, or removal of content, even if such suspicion is later found to be unsubstantiated.
3.8.5Reporting Suspected Fraud. Users who suspect fraudulent activity on the Website are encouraged to report such activity to GoClinica through support@goclinica.com. GoClinica will review such reports at its discretion and is under no obligation to disclose the outcome of any investigation to the reporting User.
3.8.6No Guarantee. While GoClinica takes reasonable measures to detect and prevent fraud, it does not guarantee that the Website will be entirely free of fraudulent activity, and Users are advised to exercise their own diligence when engaging with other Users or Practitioners on the Website.
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4. TERMS OF USE FOR PRACTITIONERS
The provisions set forth in this Clause 4 apply exclusively to Practitioners.
4.1 PRACTITIONER UNDERTAKING
4.1.1The Practitioner represents and warrants that they are and shall remain duly registered, licensed, and qualified to practice medicine and provide healthcare or wellness services in accordance with all applicable laws, regulations, and guidelines established by competent regulatory authorities. The Practitioner confirms that they are not subject to any contractual or legal arrangement that prohibits them from practicing medicine within the territory of India. The Practitioner shall, at all times, ensure strict compliance with all governing laws and professional standards, and shall exercise the utmost care and professional diligence in the provision of all consultations and services rendered through the Website.
4.2 LISTING POLICY
4.2.1Profile Management. GoClinica aggregates and maintains information regarding Practitioners’ professional profiles, contact details, and practice logistics to facilitate interactions with End-Users. GoClinica reserves the absolute right to display, modify, or remove any Practitioner profile at its sole discretion, with or without prior notice. Practitioners are under a continuing obligation to notify GoClinica immediately of any inaccuracies in their displayed information to facilitate timely amendments.
4.2.2External Rankings. GoClinica disclaims all liability and responsibility regarding the ranking, visibility, or indexing of Practitioners on external websites, third-party platforms, or search engines.
4.2.3Limitation of Liability for Disclosures. GoClinica shall not be liable for any losses, damages, injuries, or expenses incurred by a Practitioner resulting from the publication or disclosure of information where the Practitioner has expressly or implicitly consented to such dissemination. In the event of a revocation of consent, GoClinica’s liability for disclosures made prior to the actual receipt and processing of such revocation is expressly disclaimed.
4.2.4Content Moderation. GoClinica reserves the right to moderate Practitioner-generated suggestions and remove any content deemed abusive, inappropriate, or promotional. Notwithstanding the foregoing, GoClinica disclaims liability for the presence of inactive, inaccurate, fraudulent, or non-existent profiles that may be added to the Website.
4.2.5Distribution of Content. Practitioners expressly grant GoClinica the right to publish, distribute, and otherwise make available content provided by the Practitioner to third-party entities, including, but not limited to, external content platforms and partners, for the purpose of promoting the Practitioner’s services and enhancing the reach of the GoClinica platform.
4.2.6Compliance with Law. Practitioners represent and warrant that all use of the Services shall be in strict compliance with applicable laws and regulations. Any legal contravention arising from the Practitioner’s use of the Services shall be the sole responsibility of the Practitioner, and GoClinica disclaims all liability in connection therewith.
4.2.7No Charge for Listing. Creation and maintenance of a Practitioner’s profile listing on the Website, including the display of professional and clinic/hospital information, is provided free of charge. This Clause 4.2.7 does not extend to any paid product or software offered by GoClinica, including the GoClinica Clinic Management Software, access to which is governed by separate fee and subscription terms set out in the CMS EULA.
4.3 PRACTITIONER VISIBILITY AND SEARCH OPTIMIZATION
4.3.1Search Optimization Methodology. GoClinica utilizes a proprietary, merit-based algorithm designed to prioritize the delivery of high-quality, relevant results to End-Users. This algorithm is fully automated and is periodically refined to enhance search efficacy and the overall user experience.
4.3.2Standardization and Neutrality. The search optimization algorithm is applied consistently and cannot be altered, bypassed, or customized to favor any specific Practitioner or practice. GoClinica reserves the exclusive right to modify, update, or recalibrate the parameters of this algorithm at its sole discretion.
4.3.3Practitioner Acknowledgement. The Practitioner hereby declares that they have read, understood, and agreed to the Practitioner Listing and Ranking Algorithm criteria set forth in Clause 3.3 of this Agreement. The Practitioner accepts that the algorithmic ranking is determined by these criteria and understands the methodology governing their visibility on the Website.
4.4 PROFILE OWNERSHIP AND EDITING RIGHTS
4.4.1Ownership and Moderation. GoClinica retains proprietary ownership of all Practitioner profiles and associated imagery. While GoClinica provides tools for Practitioners to suggest profile updates, GoClinica reserves the absolute, independent right to accept, reject, or modify any such requests for changes.
4.4.2Warranties Regarding Content. The Practitioner represents and warrants that they possess the full legal entitlement to upload all content provided as part of their profile or otherwise transmitted while utilizing GoClinica’s Services. The Practitioner further warrants that such content does not infringe upon the rights of any third party, including intellectual property rights.
4.4.3Corrective Action. Upon becoming aware of any breach of the warranties provided herein, GoClinica reserves the right to modify, redact, or delete any portion of the Practitioner’s profile information, at its sole discretion, with or without prior notice to the Practitioner.
4.5 DISPLAY RIGHTS REGARDING PEOPLE’S VOICE AND USER-GENERATED INSIGHTS
4.5.1Nature of User-Generated Insights. “User-Generated Insights” refers to content — including feedback, experiences, and recommendations — authored by Users, including End-Users and clients of Practitioners. In publishing such content, GoClinica acts solely as an “intermediary” within the meaning of the Information Technology Act, 2000. GoClinica assumes no responsibility for the substance of User-Generated Insights; the rights and obligations pertaining to such content are further governed by Clauses 3.6 and 5.4 of these Terms and the Fraud Detection Policy at Clause 3.8.
4.5.2Collection Rights. GoClinica reserves the right to collect and display User-Generated Insights (“People’s Voice”) for all Practitioners, clinics, and healthcare providers featured on the Website.
4.5.3No Obligation to Screen. GoClinica is under no obligation to pre-screen, review, monitor, filter, or remove User-Generated Insights, except where such action is expressly mandated by applicable law.
4.5.4Disclaimer of Liability. The Practitioner acknowledges that the use of the Services may expose them to content they may find offensive or objectionable. GoClinica disclaims all liability for any impact on the Practitioner’s business, reputation, or professional practice resulting from negative User-Generated Insights. Practitioners access and use the Services at their own risk. GoClinica’s liability is strictly limited to its statutory duties as an intermediary under applicable law regarding the publication of third-party content.
4.5.5Regulatory Compliance. GoClinica shall manage the removal of information in accordance with standards prescribed by applicable law. GoClinica shall not be held liable or responsible for User-Generated Insights generated by Users. The principles governing third-party content as set forth in these Terms shall apply, with the necessary modifications, to all User-Generated Insights posted on the Website.
4.5.6Enforcement and Fraudulent Activity. In the event GoClinica determines that a Practitioner has provided inaccurate information or has facilitated, enabled, or encouraged fraudulent feedback, GoClinica reserves the right, at its sole discretion, to:
•to immediately suspend or terminate any accounts associated with the Practitioner; and
•publish a public declaration regarding such conduct on the Website in association with the Practitioner’s or clinic’s name, for the purpose of protecting the integrity of the platform and the interests of the User base.
4.6 MODULARITY AND SERVICE-SPECIFIC ENGAGEMENTS
4.6.1General Principle. The rights granted to, and the obligations imposed upon, the Practitioner under these Terms are strictly limited to the specific Service(s) currently being utilized by the Practitioner. Accessing or utilizing one Service does not automatically confer any rights, obligations, or privileges regarding any other Services provided by GoClinica.
4.6.2Independent Scope. Each Service offered by GoClinica operates as a distinct engagement. Consequently, meeting the eligibility criteria or adhering to the compliance requirements for one Service (e.g., an appointment booking tool) does not exempt the Practitioner from separate registration, verification, or compliance requirements for other Services (e.g., a tele-consultation platform or electronic medical record system).
4.6.3Distinct Governance. Each Service may be governed by its own unique technical specifications, service-level agreements, and operational policies. The Practitioner acknowledges that usage of one Service does not constitute a universal right to access all platform features, and GoClinica reserves the right to manage each Service independently, including their respective pricing, availability, and termination conditions.
4.7 ADVERTISING AND PROMOTIONAL CONTENT
4.7.1Sponsored Content. GoClinica reserves the right to display promotional or sponsored advertisements on the Website, which shall be clearly identified as “Sponsored ads.”
4.7.2Disclaimer of Liability. GoClinica disclaims all liability and responsibility for the accuracy, veracity, or validity of any claims, information, or offers presented within such Sponsored ads. GoClinica does not endorse, recommend, or encourage Users to interact with or procure services from the entities featured in these advertisements. GoClinica shall not be liable for the quality, legality, or performance of any services provided by the entities advertising through such Sponsored ads. All Sponsored ads shall, in addition, comply with the restrictions on advertising set out in Clause 5.2.7 (Restricted Advertising) of these Terms.
4.7.3Compliance and Indemnification. Practitioners and Users represent and warrant that all use of the Services — including interaction with promotional content — shall be in strict compliance with all applicable laws and regulations. The Practitioner or User assumes sole responsibility for any contravention of applicable law arising from their use of these Services, and GoClinica expressly disclaims all liability in connection therewith.
4.8 APPOINTMENT BOOKING FACILITY
4.8.1Partnership and Operational Standards. GoClinica is committed to ensuring that the appointment booking experience is seamless and mutually beneficial for both Practitioners and End-Users. Practitioners are required to adhere to the comprehensive terms and conditions governing the booking facility, which are outlined in the Book Standards document (incorporated herein by reference).
4.8.2Feedback and User Content. The Practitioner acknowledges that GoClinica bears no liability for any comments, ratings, or feedback posted by Users regarding the services provided by the Practitioner. GoClinica reserves the exclusive right to publish, modify, moderate, or mask any User-generated feedback, at its sole discretion, to ensure compliance with legal obligations, community norms, or platform integrity.
4.9 MARKETING AND PROMOTIONAL COOPERATION
4.9.1In consideration of the services provided by GoClinica, the Practitioner agrees to support GoClinica’s marketing and promotional initiatives, subject to the Practitioner’s reasonable right to review and approve materials prior to publication, and subject always to Clause 4.9.2. Such cooperation shall include, but not be limited to:
•Marketing Descriptions: Permitting GoClinica to include a summary of the services rendered to the Practitioner within GoClinica’s advertising, marketing, and promotional documentation.
•Case Studies: Allowing GoClinica to reference the Practitioner in case studies and related promotional collateral.
•Professional Reference: Serving as a professional reference for GoClinica’s prospective and existing clients.
•Media and Content Contributions: Providing video logs, testimonials, email content, banners, and media interviews, as well as furnishing quotes for use in GoClinica’s press releases.
•Conference Participation: Presenting on behalf of, or in conjunction with, GoClinica at professional conferences.
•Use of Brand Assets: Granting GoClinica a non-exclusive license to use the Practitioner’s name, logo, branding, imagery, and taglines within product literature, email campaigns, press releases, social media, and other advertising or promotional materials.
4.9.2Practitioner’s Professional Ethics Obligations. The Practitioner acknowledges that registered medical practitioners in India are subject to restrictions on self-promotion and solicitation of patients under the regulations governing professional conduct, etiquette, and ethics issued under the National Medical Commission Act, 2019 (and any predecessor or successor regulations). The Practitioner’s cooperation under this Clause 4.9 is at all times subject to, and shall not require the Practitioner to act in a manner inconsistent with, such professional conduct regulations, and the Practitioner shall be solely responsible for assessing whether their participation in any specific marketing or promotional activity is permissible under the rules applicable to their profession. GoClinica shall not require or knowingly cause a Practitioner to engage in advertising or solicitation prohibited under such regulations, and the Practitioner may decline to participate in, or request the withdrawal of, any promotional activity that they reasonably believe would place them in breach of their professional obligations.
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5. CONTENT ACCESS
5.1 GOCLINICA LIFESTREAM
These terms and conditions govern the use of the GoClinica LifeStream platform. Unless otherwise specified, the provisions herein are applicable to all Users, including both Practitioners and End-Users.
5.1.1Platform Overview. GoClinica LifeStream is a digital content platform integrated into the Website, enabling Practitioners with a verified GoClinica profile to post content pertaining to health and wellness.
5.1.2Content Generation and Upload. Practitioners may access GoClinica LifeStream via their HealthHub account to generate and transmit original content, including but not limited to text, audio, video, imagery, and data (collectively, “Content”), to GoClinica’s servers. Practitioners warrant that all uploaded images are either original works created by them or are subject to valid, subsisting licenses permitting such use.
5.1.3Nature of Content. GoClinica reserves the right to publish Content via GoClinica LifeStream at its sole discretion, subject to these Terms. All Content disseminated through GoClinica LifeStream is provided strictly for informational and educational purposes and shall not be construed as professional medical advice, diagnosis, or a recommendation for any specific course of treatment. Users should not act or refrain from acting based on any Content available on GoClinica LifeStream without first seeking guidance from their treating physician or another qualified healthcare professional, particularly in relation to any decision concerning their health, medication, or treatment.
5.1.4Intellectual Property and Indemnification (Practitioners). Practitioners represent and warrant that they are the original authors of all uploaded Content and that such Content does not infringe upon the intellectual property rights of any third party. Practitioners agree to indemnify, defend, and hold GoClinica harmless from any and all claims, damages, or liabilities arising from third-party intellectual property infringement claims related to their Content.
5.1.5Assignment of Rights. Practitioners hereby irrevocably assign to GoClinica, on a perpetual, worldwide, and royalty-free basis, all intellectual property rights in and to any Content created and uploaded by the Practitioner via GoClinica LifeStream.
5.1.6Editorial Control. GoClinica reserves the right, at its sole discretion, to edit, modify, or remove any Content or user comments on GoClinica LifeStream at any time without prior notice.
5.1.7Content Standards and Compliance. Practitioners shall ensure that all Content and subsequent responses are compliant with applicable laws and are not harmful, harassing, defamatory, obscene, pornographic, or invasive of privacy. Content must not be racially or ethnically objectionable, disparaging, or otherwise unlawful. Without limitation to the foregoing, Content shall comply with the restrictions on advertising set out in Clause 5.2.7 (Restricted Advertising) of these Terms. Practitioners agree to indemnify GoClinica against any legal claims arising from the nature or substance of the Content posted.
5.1.8Regulatory Compliance. Practitioners are solely responsible for ensuring that all Content adheres to all prevailing laws and statutes.
5.1.9National Security and Public Order. Practitioners shall not post Content that threatens the unity, integrity, defense, security, or sovereignty of India, undermines friendly relations with foreign states, or violates public order. Content must not incite the commission of cognizable offenses, obstruct investigations, or insult any sovereign nation.
5.1.10User Engagement. End-Users may view Content and, where permitted, post comments on such Content (“User Comment(s)”).
5.1.11Disclaimer of Views. User Comments reflect the personal opinions of their author(s) and do not necessarily represent the views or endorsements of GoClinica.
5.1.12User Interpretation and Liability. End-Users acknowledge that all Content on GoClinica LifeStream is for informational purposes and does not constitute medical advice. Users assume full responsibility for any actions or omissions resulting from their interpretation of the Content and agree to indemnify GoClinica against any claims arising from such actions.
5.1.13Intellectual Property (User Comments). All intellectual property rights in User Comments vest exclusively with GoClinica upon creation. Users warrant that their Comments do not infringe upon third-party rights (e.g., patents, trademarks, or copyrights). GoClinica reserves the right to remove any Comment infringing upon such rights and to pursue legal remedies against the infringing User.
5.1.14Standards for User Comments. Users shall adhere to the same content standards as outlined for Practitioners in Clause 5.1.7. Users agree to indemnify GoClinica against all claims arising from the nature or substance of their Comments.
5.1.15Restrictions on User Comments. Users shall refrain from posting Comments that violate the standards regarding national security, public order, and international relations as stipulated in Clause 5.1.9.
5.2 INFORMATION ON MEDICINES AND MEDICINAL PRODUCTS
5.2.1Nature and Purpose. This facility is designed to provide information required for understanding medicines and medicinal products, including but not limited to:
•composition of medicines;
•uses and potential side effects arising from the use of such products;
•alternative medicines or medicinal products for specific categories; and
•symptoms and associated medications generally administered in such cases.
5.2.2For Users. You acknowledge that information provided is not a substitute for clinical advice and must not be relied upon when making treatment-related decisions. Please be advised that information regarding medicines and medicinal products varies by country and region; therefore, the content published herein is specific to India. GoClinica and the content owners assume no responsibility for the applicability of this content outside of India. GoClinica provides this information on an “as-is” basis, with no intention of replacing consultation with a qualified medical practitioner.
5.2.3Sourcing and Accuracy. While GoClinica has utilized commercially reasonable efforts to source information from reliable databases, you acknowledge that much of the content is derived from open-source platforms, third-party sites, and research reports. GoClinica shall not be held liable for the accuracy of this information, or for any errors, omissions, or inaccuracies contained herein, regardless of the cause, or for any consequences arising therefrom. The inclusion or exclusion of any medicine or medicinal product does not imply that GoClinica advocates for or rejects the use of that particular product.
5.2.4Reliance on Information. You understand that the information provided does not constitute an offer, invitation, or medical advice to use any medication. This information should not be relied upon to make decisions regarding self-medication. You are strongly advised to consult a medical practitioner at all times prior to relying upon any information set out herein.
5.2.5For Practitioners. Practitioners agree and acknowledge that GoClinica makes no representation or warranty and does not guarantee the accuracy or legitimacy of any information or content provided. The content acts solely as an information source and not as a database for medical prescriptions; consequently, GoClinica does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, or quality of the content. Practitioners acknowledge that this content is not a substitute for clinical judgment and agree to exercise their own discretion when relying on this information for treatment-related advice or decisions.
5.2.6Disclaimer and Limitation of Liability. The content provided herein regarding medicines and medicinal products, including dietary supplements, has not been evaluated or approved by the Drug Controller of India or any other statutory body. THE INFORMATION PROVIDED IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GoClinica expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, or completeness. In no event shall GoClinica be liable for any lost or corrupted data, downtime, lost profits, business interruption, replacement services, or other special, incidental, consequential, punitive, or indirect damages. GoClinica expressly disclaims any and all liability to any person for any loss, damage, death, personal injury, or other consequences caused by or arising from the use of, or reliance upon, the information contained herein.
5.2.7Restricted Advertising. In accordance with the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, no Content, Sponsored ad, User-Generated Insight, or other material published on the Website shall advertise, or claim to diagnose, cure, mitigate, treat, or prevent, any disease or condition specified in the schedule to that Act (or any successor legislation), whether directly or by implication, including through testimonials or purported case studies. GoClinica reserves the right to remove any such Content or advertisement without prior notice and to take such further action as it deems necessary to ensure compliance with this Clause 5.2.7.
5.2.8Hold Harmless and Final Notice. Viewers, Users, and Practitioners hereby release and agree to hold harmless GoClinica, its affiliates, directors, officers, employees, agents, and successors from any and all claims, losses, suits, actions, proceedings, judgments, damages, or legal fees arising from the negligence or misconduct of the User/Practitioner or from decisions taken based on the information provided herein. While all possible efforts have been made to ensure that the information provided here is accurate, up-to-date, and complete, it should not be treated as a substitute for professional medical advice, diagnosis, or treatment. GoClinica provides this only as a reference source and does not guarantee its accuracy or exhaustiveness. The absence of a warning for any medicine or combination thereof should not be assumed to indicate that the product or combination is safe, effective, or appropriate for any given patient. GoClinica does not assume any responsibility for any aspect of healthcare administered with the aid of the information provided above. If you have any doubts regarding your medication, we strongly recommend that you consult with your doctor, nurse, or healthcare provider.
5.3 INFORMATION ON DISEASES, CONDITIONS, AND PROCEDURES
5.3.1Nature and Purpose. This is an informational resource regarding various diseases, medical conditions, signs, symptoms, diagnostic procedures, and surgical interventions. It is intended to provide a foundational understanding of healthcare topics, including but not limited to:
•Medical Conditions: descriptions, causes, and risk factors of chronic and acute diseases;
•Signs and Symptoms: identification of clinical indicators and manifestations associated with specific health issues;
•Diagnostic Procedures: overviews of standard testing, imaging, and laboratory diagnostic methods; and
•Surgeries and Interventions: general information regarding common surgical and medical procedures.
5.3.2For Users. You acknowledge that the information provided is not intended to serve as a substitute for professional clinical advice, diagnosis, or treatment. It should not be relied upon when making health-related decisions. This content is specific to India, and GoClinica assumes no responsibility for the applicability of this content outside of India. GoClinica provides this information on an “as-is” basis, with no intention of replacing a formal consultation with a qualified medical practitioner.
5.3.3Sourcing and Accuracy. While GoClinica has utilized commercially reasonable efforts to source information from reliable databases, you acknowledge that content is derived from open-source platforms, third-party sites, and research reports. GoClinica shall not be held liable for the accuracy of this information, or for any errors, omissions, or inaccuracies contained herein. The presence of information regarding a disease, symptom, or surgical procedure does not imply that GoClinica advocates for any specific treatment or diagnostic approach.
5.3.4For Practitioners. Practitioners agree and acknowledge that GoClinica makes no representation or warranty regarding the accuracy or legitimacy of the content. This content acts solely as an information source and not as a substitute for clinical protocols. Practitioners acknowledge that this content is not a substitute for their own clinical judgment and agree to exercise their own discretion when relying on this information for treatment-related advice, surgical planning, or diagnostic decisions.
5.3.5Disclaimer and Limitation of Liability. The content provided herein has not been evaluated or approved by the Ministry of Health and Family Welfare or any other statutory body. THE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GoClinica expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, or completeness. In no event shall GoClinica be liable for any lost or corrupted data, downtime, lost profits, business interruption, replacement services, or other special, incidental, consequential, punitive, or indirect damages. GoClinica expressly disclaims any and all liability to any person for any loss, damage, death, personal injury, or other consequences caused by or arising from the use of, or reliance upon, the information contained herein.
5.3.6Hold Harmless and Final Notice. Viewers, Users, and Practitioners hereby release and agree to hold harmless GoClinica, its affiliates, directors, officers, employees, agents, and successors from any and all claims, losses, suits, actions, proceedings, judgments, damages, or legal fees arising from the negligence or misconduct of the User/Practitioner or from decisions taken based on the information provided herein. If you have any doubts about your health, specific symptoms, or recommended diagnostic or surgical procedures, we strongly recommend that you consult your doctor, nurse, or healthcare provider. GoClinica does not assume responsibility for any aspect of healthcare administered with the aid of information provided herein.
5.4 RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.4.1Prohibited Content. In accordance with Regulation 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Rules”), Users are strictly prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:
•pertains to a third party for which the User lacks necessary legal rights;
•is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of privacy, hateful, or racially or ethnically objectionable;
•promotes money laundering, gambling, or is otherwise unlawful;
•harms minors in any capacity;
•infringes upon any patent, trademark, copyright, or other proprietary rights;
•violates any law currently in force;
•deceives or misleads the recipient regarding the origin of a message, or communicates information that is grossly offensive or menacing;
•impersonates another person;
•contains software viruses, or any other computer code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer resource;
•that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order; or
•incites the commission of any cognizable offense, impedes the investigation of any offense, or constitutes an insult to any other nation.
5.4.2Prohibited Conduct. Users are further prohibited from:
•violating or attempting to violate the security or integrity of the Website or any GoClinica Content;
•transmitting disruptive or competitive information (including, but not limited to, job postings, messages, or hyperlinks) via the Website;
•intentionally submitting incomplete, false, or inaccurate information;
•engaging in unsolicited communications with other Users;
•employing any unauthorized engine, software, tool, agent, or mechanism (including spiders, robots, or intelligent agents) to navigate or search the Website;
•attempting to decipher, decompile, disassemble, or reverse-engineer any portion of the Website;
•unauthorized copying, duplicating, framing, “hot-linking,” or “deep-linking” of GoClinica Content; or
•circumventing, disabling, or otherwise interfering with digital rights management, usage rules, or security features of the Software.
5.4.3Removal and Preservation. Upon acquiring actual knowledge — whether through independent discovery or notification from an affected party via signed electronic correspondence — that information violates Clauses 5.4.1 or 5.4.2, GoClinica shall be entitled to disable access to such information within a reasonable timeframe. Where GoClinica receives an order from a court of competent jurisdiction, or is notified by the appropriate government agency or its authorized officer, that any information hosted on the Website is unlawful, GoClinica shall, in accordance with Rule 3(1)(d) of the IG Rules, remove or disable access to such information as expeditiously as possible, and in any event within thirty-six (36) hours of receipt of such order or notification. GoClinica reserves the right to retain such information and associated records for a minimum period of 180 (one hundred and eighty) days for production to law enforcement or governmental authorities for investigative purposes, or for such longer period as may be required by a competent court or government agency.
5.4.4Termination. In the event of a User’s non-compliance with applicable laws, regulations, or this Agreement (including the Privacy Policy), GoClinica reserves the right to immediately terminate the User’s access to the Website and Services and to remove any non-compliant information.
5.4.5Data Disclosure and Transfer. The User hereby consents to the disclosure or transfer of User-generated information to GoClinica’s affiliates or governmental authorities as permitted or required by law. In accordance with the SPDI Rules, GoClinica may transfer sensitive personal data or information to third-party bodies corporate or individuals (domestic or international), provided such recipients adhere to the same level of data protection as maintained by GoClinica, and provided such transfer is necessary for the performance of a lawful contract or where the User has provided explicit consent.
5.4.6Intellectual Property Disclaimer. GoClinica respects the intellectual property rights of third parties; however, it disclaims all liability for any infringements of intellectual property rights arising from content provided by Users.
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6. TERMINATION OF ACCESS
6.1 GENERAL TERMINATION PROVISIONS
6.1.1Grounds for Suspension or Termination. GoClinica reserves the right, at its sole discretion and without prior notice, to suspend or terminate a User’s access to the Website and the Services, and to pursue any and all available legal remedies, in the event that:
•the User breaches any terms or conditions stipulated in this Agreement;
•a third party reports an infringement of their rights resulting from the User’s use of the Services;
•GoClinica is unable to verify or authenticate any information provided by the User;
•GoClinica possesses reasonable grounds to suspect the User of engaging in illegal, fraudulent, or abusive activities; or
•GoClinica determines, at its sole discretion, that the User’s actions may result in legal liability for the User, other Users, or GoClinica, or that such actions are contrary to the best interests of the Website.
6.1.2Post-Termination Consequences. Upon the temporary or indefinite suspension, or the permanent termination of an account, the User shall be strictly prohibited from accessing the Website, whether through the existing account, an alternative account, or by registering a new account. Following termination, the User shall forfeit all access to data, messages, files, and any other materials previously stored on the Website.
6.1.3User Responsibility for Records. The User acknowledges that they are solely responsible for maintaining continuous, independent backups of all medical records, files, and services rendered. GoClinica shall not be liable for the loss of any data following account termination, and it remains the User’s sole obligation to ensure compliance with their own professional or personal record-keeping requirements.
6.2 ADDITIONAL TERMINATION PROVISIONS FOR PRACTITIONERS
6.2.1Termination for Professional Misconduct. In addition to the grounds for termination specified in Clause 6.1.1, GoClinica reserves the right to immediately suspend or terminate a Practitioner’s access to the Website and Services if:
•the Practitioner’s professional license is suspended, revoked, or expires;
•the Practitioner engages in conduct deemed to be in violation of medical ethics, professional standards, or the prevailing code of conduct for healthcare providers;
•the Practitioner receives a formal complaint regarding medical negligence, malpractice, or inappropriate patient interaction; or
•the Practitioner fails to comply with the data privacy and security requirements mandated by the SPDI Rules and the IG Rules.
6.2.2Preservation of Records upon Termination. Upon termination of a Practitioner’s account, the Practitioner shall remain obligated to comply with all applicable statutory requirements concerning the retention and storage of patient medical records. The Practitioner acknowledges that GoClinica’s termination of the account does not absolve the Practitioner of their independent legal and professional obligations to maintain patient confidentiality and medical documentation as prescribed by law.
6.2.3Notification of Termination. GoClinica may, at its sole discretion, notify relevant regulatory bodies or affected End-Users of the termination of a Practitioner’s account if such disclosure is required by law, court order, or is deemed necessary to protect the safety and interests of the public.
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7. LIMITATION OF LIABILITY
7.1General Disclaimer. To the maximum extent permitted by applicable law, GoClinica and its directors, officers, employees, agents, and service providers (collectively, the “Protected Entities”) shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages. This limitation applies to all claims arising from or related to the use of, or inability to use, the Website, the Services, or any content, materials, and functions provided therein, including losses of business or End-Users, even if a Protected Entity has been advised of the possibility of such damages.
7.2Search and Visibility Disclaimer. The Practitioner acknowledges that search results are dynamic and algorithmic. GoClinica disclaims all liability for any direct or indirect impact on a Practitioner’s business, professional visibility, or commercial interests resulting from any adjustments or recalibrations made to the search optimization or ranking algorithms.
7.3Specific Exclusions. In no event shall the Protected Entities be liable for:
•the provision of, or failure to provide, services by Practitioners to End-Users contacted or managed through the Website;
•any content posted, transmitted, exchanged, or received by or on behalf of any User, Practitioner, or third party on or through the Website, including any content generated by a Practitioner;
•any unauthorized access to, or alteration of, User or Practitioner transmissions or data; or
•any other matter relating to the Website or the Services.
7.4Aggregate Liability Cap. The total aggregate liability of the Protected Entities to any User or Practitioner for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) arising from this Agreement or the use of the Website and Services, shall not exceed Rs. 2,500/- (Indian Rupees Two Thousand Five Hundred Only).
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8. FORCE MAJEURE
8.1Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) to the extent such failure or delay is caused by a Force Majeure Event.
8.2“Force Majeure Event” means any event or circumstance beyond the reasonable control of the affected Party, including but not limited to: acts of God, natural disasters (floods, earthquakes, cyclones, epidemics, or pandemics), fire, explosion, war, terrorism, civil unrest, riots, strikes or industrial action (other than by the affected Party’s own employees), government orders, regulatory action, lockdowns, embargoes, import/export restrictions, failure or disruption of telecommunications, internet, power, or other utility services, failure of third-party payment gateways or cloud/hosting infrastructure, and any other cause not attributable to the fault or negligence of the affected Party.
8.3Notification. The Party affected by a Force Majeure Event (“Affected Party”) shall notify the other Party in writing within a reasonable timeframe of becoming aware of the event, providing reasonable details of the nature of the event, its expected impact, and its anticipated duration.
8.4Mitigation. The Affected Party shall use reasonable commercial efforts to mitigate the effects of the Force Majeure Event and to resume performance of its obligations within a reasonable timeframe.
8.5Suspension of Obligations. The obligations of the Affected Party (excluding any payment obligations accrued prior to the Force Majeure Event) shall be suspended for so long as the Force Majeure Event continues.
8.6Termination. If a Force Majeure Event continues for an unreasonable or prolonged period such that it materially frustrates the purpose of this Agreement, either Party may terminate this Agreement by providing reasonable written notice to the other Party, without liability for such termination (other than for obligations accrued prior to the Force Majeure Event).
8.7 Exclusions. This clause shall not apply to excuse:
(i)any payment obligations due under this Agreement; or
(ii)any obligations relating to confidentiality, data protection, or patient/user data security under this Agreement or applicable law.
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9. RETENTION AND REMOVAL
9.1GoClinica may retain information collected via the Website or Services for a duration necessary to fulfil the purposes for which it was collected, as dictated by the nature of the information, its usage, and compliance with the SPDI Rules. Computer web server logs shall be preserved for as long as administratively necessary.
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10. APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1Governing Law. This Agreement and all contractual obligations between GoClinica and the User shall be governed by and construed in accordance with the laws of India.
10.2Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the use of the Website or Services, that is not resolved through mutual discussion within thirty (30) days of one Party notifying the other in writing of the existence of such dispute, shall be resolved through binding arbitration in India, conducted by a sole arbitrator, in accordance with the Arbitration and Conciliation Act, 1996.
The sole arbitrator shall be appointed by mutual agreement of the Parties within fifteen (15) days of either Party invoking arbitration in writing. If the Parties are unable to agree on the sole arbitrator within such period, the sole arbitrator shall be appointed in accordance with Section 11 of the Arbitration and Conciliation Act, 1996, by the High Court (or any person or arbitral institution designated by it), or, at the option of either Party, by such independent arbitral institution as the Parties may mutually agree upon. For the avoidance of doubt, neither Party shall have the unilateral right to appoint the sole arbitrator.
The seat and venue of arbitration shall be Bengaluru. All proceedings, including any awards rendered, shall be conducted in the English language and shall be final and binding upon the parties, subject to the provisions of Part I of the Arbitration and Conciliation Act, 1996.
10.3Jurisdiction. Subject to the arbitration provisions above, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement or the use of the Services.
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11. SEVERABILITY
11.1If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction or an arbitral tribunal, such provision shall be severed from the Agreement. The remainder of the Agreement shall continue in full force and effect. In such instances, the Agreement shall be interpreted to give effect to the intent of the excluded provision to the greatest extent permitted by law.
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12. WAIVER
12.1No provision of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent is explicitly documented in writing and signed by GoClinica. Any waiver or consent granted by GoClinica regarding a specific breach shall not constitute a waiver of, or excuse for, any different or subsequent breach.
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13. GRIEVANCE REDRESSAL
13.1General Inquiries. For questions concerning GoClinica, this Agreement, or the Services, please contact customer support via email at support@goclinica.com or through the contact portal at www.goclinica.com/contact.
13.2Grievance Officer. In accordance with the Information Technology Act, 2000 and the IG Rules, any grievances regarding the Website or the processing of information should be directed to the designated Grievance Officer:
•Name: Arun M
•Designation: Grievance Officer
•Contact: Through the “Contact Us” page at www.goclinica.com/contact, or such other email/postal address as GoClinica may notify from time to time.
•Phone: +91 63649 23399
GoClinica shall acknowledge receipt of any grievance within twenty-four (24) hours and shall endeavour to dispose of the grievance within fifteen (15) days of receipt, in accordance with the timelines prescribed under the IG Rules. Where a grievance relates to a transaction for goods or services availed through the Website (including appointment bookings and payments), and to the extent the Consumer Protection (E-Commerce) Rules, 2020 apply to GoClinica, such grievances shall additionally be acknowledged within forty-eight (48) hours and redressed within one (1) month from the date of receipt, in accordance with those Rules. Where the timelines under the IG Rules and the Consumer Protection (E-Commerce) Rules, 2020 differ, GoClinica shall endeavour to meet the shorter of the applicable timelines.
13.3Compliance Officers. To the extent GoClinica qualifies as a “significant social media intermediary” under the IG Rules, GoClinica shall appoint a Chief Compliance Officer (responsible for ensuring compliance with applicable law), a Nodal Contact Person (for coordination with law enforcement agencies), and a Resident Grievance Officer, the details of which shall be published on the Website. GoClinica shall further publish a periodic compliance report in the manner and to the extent required under the IG Rules.
13.4Violations. If you suffer any harm resulting from access to or usage of the Website by any person in violation of Rule 3 of the IG Rules, please submit your grievance to the Grievance Officer for prompt action.
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For questions regarding this document, please contact support@goclinica.com or visit goclinica.com/contact.