TERMS AND CONDITIONS OF USE

THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) APPLY TO YOU (“YOU” OR “USER”) AND YOUR USE OF CLINICAL VISTA SOFTWARE OVER DESKTOP OR ANY MOBILE DEVICE, SERVER HOSTED BY SRISHTI INNOVATIVE COMPUTER SYSTEMS PVT. LTD. (ALSO KNOWN AS SRISHTI INNOVATIVE HEREAFTER REFERRED AS THE “COMPANY”) OR BY A THIRD-PARTY HOSTING PROVIDER ON THE COMPANY’S BEHALF, OR THE USE OF THE WWW.CLINICALVISTAONLINE.COM WEBSITE OR ANY ASSOCIATED SUBDOMAINS OR NETWORKED MOBILE AND DESKTOP APPLICATIONS (COLLECTIVELY, “CLINICAL VISTA”).

BY CLICKING ON THE “I ACCEPT” BUTTON IN THE REGISTRATION PAGE OR USING CLINICAL VISTA YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IT IS IMPORTANT THAT YOU READ THE TERMS AND CONDITIONS IN ITS ENTIRETY BEFORE ACCEPTING THEM. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. THEN TERMS “YOU” OR “YOUR” SHALL REFER COLLECTIVELY TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE CLINICAL VISTA. YOUR USE OF CLINICAL VISTA IS CONDITIONED ON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. WE ENCOURAGE YOU TO REVIEW THESE TERMS AND CONDITIONS, PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS IN YOUR RECORDS.

BY CLICKING ON THE “I ACCEPT” BUTTON IN THE REGISTRATION PAGE OR USING CLINICAL VISTA YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IT IS IMPORTANT THAT YOU READ THE TERMS AND CONDITIONS IN ITS ENTIRETY BEFORE ACCEPTING THEM. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. THEN TERMS “YOU” OR “YOUR” SHALL REFER COLLECTIVELY TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE CLINICAL VISTA. YOUR USE OF CLINICAL VISTA IS CONDITIONED ON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. WE ENCOURAGE YOU TO REVIEW THESE TERMS AND CONDITIONS, PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS IN YOUR RECORDS.

1. GENERAL USAGE

These Terms and Conditions apply to you and all other users, including without limitation, your employees, independent contractors, or customers, of Clinical Vista. Clinical Vista may contain links to third-party websites that are not owned or controlled by the Company; the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using Clinical Vista, you expressly relieve the Company from any and all liability arising from your use of any third-party services.

2. CLINICAL VISTA ACCESS

The Company hereby grants you a limited, revocable single user license for Clinical Vista for a term of 1 Calendar Year subject to your compliance with these Terms and Conditions and conditioned upon: (i) your use of Clinical Vista solely as permitted hereby and in connection with your use of the Services (ii) you will not copy or distribute any part of the Clinical Vista in any medium without the Company’s prior written authorization; (iii) you will not alter or modify any part of the Clinical Vista other than as may be reasonably necessary to use the Clinical Vista for its intended purpose; (iv) you will not register or obtain domain names, Twitter handles, Facebook pages, or Instagram, Pinterest or other social media accounts using or incorporating any Company intellectual property; and (v) you will otherwise comply with these Terms and Conditions.

In order to access the features of the Clinical Vista, you have to download the software for the relevant platform, register with the Company on www.clinicalvistaonline.com and create an account. You may never use another’s account without the Company’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

You agree not to collect or harvest any personally identifiable information, including account names, from the Clinical Vista, and not to use the communication systems provided by the Clinical Vista for any commercial solicitation purposes. You agree not to solicit, for commercial purposes without the authorization of the Company, any users of the Clinical Vista.

Access to Clinical Vista after the end of the term is subject to your renewal of your single user license for a period specified by the Company.

3. INTELLECTUAL PROPERTY RIGHTS

The content on the Clinical Vista, including without limitation, the text, software, metatags, scripts, graphics, photos, sounds, videos, interactive features and the like (“Content”) and the logos contained therein (“Marks”), are owned by or licensed to the Company. Content on the Clinical Vista is provided to you AS IS for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company.

You agree not to circumvent, disable or otherwise interfere with security related features of the Clinical Vista or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Clinical Vista or the Content therein.

4. CHARGES.

You agree that Clinical Vista may charge to Your credit card or other payment mechanism selected by You and approved by Clinical Vista (“Your Account”) all amounts due and owing for the Products, including Product fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. All fees are to be paid in Indian Rupees (INR) or US Dollars (USD) as applicable. Smart Clinic may change prices at any time; and any such change will be published in the Clinical Vista sites. You agree that in the event Clinical Vista is unable to collect the fees owed to Clinical Vista for the Products through Your Account, Clinical Vista may terminate your account or subscription to the service.

All payment obligations identified herein are non-cancelable and, upon payment, are nonrefundable. User may however choose to not renew the subscription of the software at the end of the tenure to avoid incurring any further charges. In such an event, the services of Clinical Vista will be terminated with immediate effect Clinical Vista will not be under any obligation to further store or return any information stored on user’s behalf with Clinical Vista on the Company Server

5. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE CLINICAL VISTA SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CLINICAL VISTA AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE CLINICAL VISTA OR ANY SITES LINKED TO THE CLINICAL VISTA AND THE COMPANY ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CLINICAL VISTA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION V) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CLINICAL VISTA BY ANY THIRD PARTY, OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLINICAL VISTA.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CLINICAL VISTA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR AY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CLINICAL VISTA, (V) ANY BUGS, VIRUSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CLINICAL VISTA BY ANY THIRD PARTY, OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLINICAL VISTA, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Clinical Vista is available for use globally. Those who access or use the Clinical Vista are responsible for compliance with local laws and those applicable within jurisdictions of country where the Company has offices.

7. INDEMNIFY

You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs of debts and expenses (including but not limited to attorney’s fees) arising from : i) your use of and access to Clinical Vista ii)your violation of any terms of these Terms and Conditions of Use; This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of Clinical Vista.

8. ABILITY TO ACCEPT TERMS AND CONDITIONS OF USE

You affirm that you are either 18 or more years of age on the date at your location at and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.

9. ACCEPTANCE OF TERMS AND CONDITIONS BY THE COMPANY

You or, if applicable, your employer or employee or independent contractor, may request or authorize the Company to access your computer or mobile device on your behalf in order to implement the Clinical Vista or upload or store your information thereon and, in such event, you agree and acknowledge that the Company is authorized and directed to accept these Terms and Conditions on your behalf (including, without limitation, by affirmatively clicking through any prompts relating to these Terms and Conditions or the Clinical Vista).

10. ASSIGNMENT

These Terms and Conditions of Use, and any rights and single user license granted hereunder, may not be transferred or assigned by you to any other user, but only assigned by the Company without restriction.

11. GENERAL

These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by the Company on the Clinical Vista, shall constitute the entire agreement between you and the Company concerning the Clinical Vista. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.

The Company may amend these Terms and Conditions of Use at any time. You are responsible for reviewing these Terms and Conditions of Use each time you visit this Clinical Vista. In all cases, your use of Clinical Vista following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms, even if we fail to send you an e-mail notification.


Last Updated on: 31st January 2015