1. Acceptance of terms
By creating an account, accessing the CLINQOV Meditrack platform, or using our website, you confirm that you are authorized to bind the organization you represent (a "Customer") to these Terms, and, where a separate Master Services Agreement ("MSA") or order form has been signed between CLINQOV and the Customer, that agreement governs to the extent of any conflict with these Terms.
2. Description of services
CLINQOV provides an enterprise healthcare technology platform comprising modules including Hospital Management (HMIS), Electronic Medical Records (EMR), Enterprise ERP, HR & Workforce Management (HRMS), Inventory & Procurement, Document Management, Blood Bank Management, Ambulance Management, Mortuary Management, Diet & Nutrition, Biomedical Engineering, and AI Document Intelligence (collectively, the "Services"), delivered via cloud, on-premise, or hybrid deployment as agreed with the Customer.
3. Accounts & eligibility
- Platform access is provisioned by an authorized administrator at the Customer organization
- Each user is responsible for maintaining the confidentiality of their login credentials
- Accounts are for use by named individuals within the Customer's organization, in line with the Customer's licensed user count
- CLINQOV may suspend accounts reasonably suspected of unauthorized access or misuse, with notice to the Customer where practicable
4. Customer responsibilities
As the operator of the healthcare facility or organization using the platform, the Customer is responsible for:
- The accuracy, lawfulness and clinical appropriateness of data entered into the platform
- Obtaining any patient consents required by applicable law before recording or processing patient data
- Configuring user roles and access permissions appropriately for their organization
- Complying with applicable healthcare regulations in their jurisdiction, including licensure and clinical governance requirements
5. License & restrictions
Subject to these Terms and full payment of applicable fees, CLINQOV grants the Customer a non-exclusive, non-transferable license to access and use the Services during the subscription term. The Customer shall not: reverse-engineer or decompile the platform; resell or sublicense access to third parties without written consent; use the Services to build a competing product; or attempt to circumvent security or access controls.
6. Fees & payment
Fees, billing frequency and payment terms are set out in the applicable order form or MSA. Unless otherwise agreed, fees are non-refundable, and late payment may result in suspension of access after written notice. Taxes applicable in the Customer's jurisdiction are the Customer's responsibility unless stated otherwise.
7. Data ownership & processing
As between CLINQOV and the Customer, the Customer retains all right, title and interest in the data it enters into the platform, including patient, clinical, financial and workforce records ("Customer Data"). CLINQOV processes Customer Data solely to provide the Services, in accordance with the applicable Data Processing Agreement and our Privacy Policy. Upon termination, CLINQOV will make Customer Data available for export for a reasonable period as set out in the governing agreement, after which it may be securely deleted.
8. Intellectual property
The CLINQOV Meditrack platform, including its software, design, documentation and trademarks, is the property of CLINQOV Meditrack Private Limited and its licensors. Nothing in these Terms transfers ownership of CLINQOV's intellectual property to the Customer, except for the limited license granted in Section 5.
9. Availability & support
Service availability targets, maintenance windows, and support response times are defined in the Customer's Service Level Agreement ("SLA") where one has been signed. Where no SLA is in place, CLINQOV will use commercially reasonable efforts to maintain platform availability and to notify Customers in advance of planned maintenance.
10. Confidentiality
Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to perform its obligations under these Terms, as required by law, or as otherwise agreed in writing.
11. Warranties & disclaimers
CLINQOV will provide the Services with reasonable skill and care. Except as expressly stated in these Terms or a signed MSA, the Services are provided "as is," and CLINQOV disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages arising out of or related to these Terms. Each party's aggregate liability arising out of these Terms will not exceed the amounts specified in the applicable MSA or order form, except where a higher limit is required by law or relates to a party's confidentiality or indemnification obligations.
13. Indemnification
Each party will indemnify and hold the other harmless from third-party claims arising from its breach of these Terms, its gross negligence or willful misconduct, or — in the Customer's case — from claims arising out of the Customer's unlawful collection or use of patient data through the platform.
14. Termination
Either party may terminate these Terms as set out in the applicable MSA or order form, including for uncured material breach following written notice. Upon termination, the Customer's right to access the Services ends, subject to the data export provisions in Section 7.
15. Governing law
These Terms are governed by the laws of India, without regard to conflict-of-law principles, unless a signed MSA with a Customer specifies a different governing law for that relationship (for example, for Customers operating in Kenya or another jurisdiction). Disputes will be subject to the dispute resolution and venue provisions set out in the applicable MSA.
16. Changes to these terms
We may update these Terms from time to time to reflect changes in our Services, technology, or legal requirements. Material changes affecting existing Customers will be communicated in accordance with the notice provisions of the applicable MSA. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
17. Contact us
Questions about these Terms can be directed to:
- Sales & contracts: sales@clinqovmeditrack.com
- General enquiries: info@clinqovmeditrack.com