Healthclickonline welcomes you to the terms and conditions governing your access to and use of the website Healthclickonline and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Healthclickonline This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Terms & Conditions
2. Interpretations and Definitions
4. Registration and Order Process
6. Terms of Payment
7. Delivery Policy
8. Online Shopper Protection Policy
9. Risk and Ownership
10. Disclaimer of Warranties and Liability
11. Indemnification and Limitation of Liability
12. User Conduct
13. Intellectual Property Right
16. Force Majeure
17. Governing Law and Jurisdiction
20. Customer Services
1. INTRODUCTION: -
Healthclickonline.com is the ecommerce platform developed by Al Bayan International Business LLC (Al Bayan) and managed / operated and administered by Macro Economic for Trading Contracting (METC). METC is a Company incorporated in Sultanate of Oman in accordance with the law of Oman and validly existing through its registered office is at, Building No: 5742, Block: 317, Way No: 1774, Flat No: 11, Near City Centre, Mawalih South, P.O. Box: 25, P.C.: 101 Muscat, Sultanate of Oman.
This terms and conditions govern use of the Healthclickonline Website;
Read these Terms and Conditions carefully before using the Website and placing the Order. By accessing the site on the online services, you indicate your acknowledgement and acceptances of these Terms and Conditions. If you do not accept these Terms and Conditions, do not access the web-site and do not use the online services. The User/Buyer is bound to the Terms and Conditions and its annexure on the Website that appear are subject to change without notice;
The right to change the Terms and Conditions at any time is reserved with Healthclickonline. Any such changes will take effect when posted on this Website and the User is responsible to read the Terms and Conditions on each occasion of using this Website and the continued use of the Website shall signify the User’s acceptance on the latest Terms and Conditions. Do not use this Website If User do not agree to or cannot comply with any of the provisions of Terms and Conditions;
These Terms and Conditions are available only in English language;
2. INTERPRETATIONS AND DEFINITIONS: -
In the Terms and Conditions (“Conditions”) save as expressly provided or unless the context otherwise requires the following words and phrases shall have the following meanings:
“Affiliate”/” Vendor” /” Supplier” shall mean any natural person or legal entity who offers for sale, sells, displays, the Products on online shopping platform provided by us in our Website and delivers the Ordered Product to the Customers;
“Secured Customers'' means legal entity or organization having the approval from MoH / DGPA&DC, Chamber of Commerce to deal into Pharmaceuticals, Healthcare, Medical, HealthCare, Safety & Patient Care including, but not limited to Pharmaceutical / Medical Distributing / Trading companies, Retail Pharmacy, Hospitals, Healthcare Centre, Polyclinic / clinic, Safety Supply, Cosmetic & Beauty Care Trading companies and retailers, Super Markets etc. And/or Charitable Organizations / NGOs etc, who purchase the Products under (secured) login account.
“Buyer/Customer” means natural person who purchases the Products under Login;
“Company” means Healthclickonline and joint venture of METC & Al Bayan jointly or severally;
“Conditions/ Terms and Conditions” means the terms and conditions for using the Website and online purchase set out in this document and any special terms and conditions added to this document from time to time;
“Contract” means offer for the purchase of the Goods and/or supply and/ or the acquisition of the Services, including any specifications, as set out in the Website and accepted by the Supplier/User/Affiliate by confirmation of the Order, and any other appendices attached and any other documentation expressly incorporated herein;
“Customer Services” means the assistance, services, and advices provided to the Customer who buy or use any Products or Services from this Website and delivering professional, helpful, high quality service by a team of officers during and after the Purchase;
“Dispute” means any Dispute or difference arising between the parties of whatever nature howsoever arising under out of or in connection with the Contract;
“Force Majeure Event” means any cause preventing the Company from performing any or all of its obligations and which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Company so prevented;
“Goods, Products, and Services” means the goods, products, and services promoted and displayed in the Site and offered for sale;
“Intellectual Property Rights” means patents, inventions (whether patentable or not), trademarks, service marks, logos, trade names, domain names, database rights, design rights, rights in know-how, confidential information, trade secrets, copyrights, moral rights and any other intellectual property or proprietary rights including rights in computer software which are the property of the Company. In each case whether registered or unregistered and including applications for the grant of any such rights and any and all forms of protection having equivalent or similar effect anywhere in the world and any rights under licences in relation to any such right;
“International” means any country outside Sultanate of Oman;
“Login” means a Customer’s User id and password used to access online shopping under Customer’s registration;
“Order” means the Buyer’s purchase order which shall include the details of Goods and/or Services to be purchased and the address to which such Goods and/or Services will be delivered and/or performed, to which these conditions are annexed;
“Order Confirmation Email” means the Email which provides a complete record of the Order placed by the Buyer including descriptions, specifications, quantities, and prices for each item ordered. It also includes shipping and billing address, method of shipping, payment information, and tentative time of delivery. This Email is used of further reference only and it does not constitute as a receipt;
“Price” means the Price set out for each Goods or Products or Services by the Vendor as amended from time to time;
“Personal Information” means any information by which someone can personally identified including name, address, company name, email, telephone number, fax number, billing and account information, credit or debit card information, and any other information incidental to providing goods or services
“Refund, Replacement, and Returns Policy” are the rules established to manage the process by which Customer’s/Buyer’s return or exchange or defective merchandise that they have purchased previously;
“Vendor” means a legal entity based in the Sultanate of Oman and / or International territories, legally entitled / licensed by the respective government to manufacture, import & export, sale / distribute the products in the respective country. Can be the “Brand Owner”, authorized distributor and /or wholesaler.
“Service Provider” includes but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, and membership authentication and verification services;
“Oman” means Sultanate of Oman;
“User”/”Member”/”You”/”Your”/”Yourself” means any individual person or legal entity including Vendor using or accessing the Services available in the Site or person who access or avail this Site for the purpose of purchasing, hosting, publishing, sharing, transacting, displaying, uploading information or views and includes other persons who jointly participate in using the Site. The term User specifically includes an individual person or legal entity that is authorized to use the Service and those who supplied a User identification and password;
“We”/” Us”/Our” means and includes Healthclickonline together with METC;
“Website” / “Site” / ”Healthclickonline” means the Website www.healthclickonline.com online shopping platform jointly owned by Bayan & METC and operated by METC which provides the venue for the Users of Healthclickonline to buy the Products listed/displayed at Healthclickonline Website by the Vendor;
References to a “person” shall include an individual, body corporate, unincorporated association, trust, or partnership with or without separate legal personality, government, state, or agency of a state, or two or more of the foregoing;
References to the singular shall include the plural and vice versa and any gender includes the other gender:
References to Clauses are to clauses of these Terms and Conditions;
The headings in these Conditions are included for convenience only and shall not affect the interpretation or construction of these Terms and Conditions;
References to writing shall be deemed to include any modes of reproducing words in a legible or non-transitory form;
The words “include” and “including” shall be construed as being by way of illustration or example, and shall not be construed as, not shall they take effect as, limiting the generality of any preceding words; and
References to a statute or statutory provisions are to such statute or statutory provisions as amended or re-enacted whether before or after the date of these Conditions and include all subordinate legislation made under the relevant statute whether before or after the date of these Conditions;
3. CONTRACT: -
An Order shall constitute as an offer to buy the Goods selected from the Website. All Orders shall be subject to the availability and will not constitute a binding Contract of sale until accepted by the Healthclickonline. Vendors exclusively reserve the right to accept or to deny any Order placed by the Buyer / Customer.
There is no Contract of sale for any Product between the Customer (Individual or any Buyer and/or Secured Customer) and Healthclickonline until the Product/Products Ordered has been dispatched. When the Goods have left the warehouse, an Email confirming the dispatch of the Goods shall be sent to the Customer (Individual or any Buyer and/or Secured Customer) and this Email constitutes as the acceptance of Order from the side of Vendor. If a single Order contained number of items and the Order confirmation Email mentions only on some of the ordered items, then those items which have yet to be dispatched do not form the part of that Contract;
Purchases made on the Website by Buyer / Customers (Other than the Secured Customer/s) are for personal or professional use or gift purpose of the User and are not to be used for resale, commercial purposes, or any other commercial benefits. Healthclickonline reserves the right to refuse Orders for multiple quantities of an item Ordered by one Customer or to any one postal address;
4. REGISTRATION OBLIGATION AND ORDER PROCESS: -
To register on Healthclickonline, the Buyer/User shall attain the age of 18 and above. Without prejudice to any other rights and remedies, Healthclickonline along with METC reserves the right to limit or withdraw access to the Site or cancel the log-in registration of any person who is under the age of 18 years;
Only registered users can access or use some Services of the Website. Users or business entities may register with only a one-member account at a time on the Website. Healthclickonline may cancel or terminate a User’s account if it has reasons to suspect that the User has concurrently registered or controlled two or more Member accounts. Further, Healthclickonline may reject User’s application for registration for any reason;
User/Buyer should ensure that the details provided on registration or at any other time are true, valid, accurate, complete, and lawful and it does not contain any false, void, incomplete, deceptive, and misleading information. Each User represents, warrants, and agrees that all the information and material provided during the registration process and thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete and will maintain and timely amend all updated information and material to keep it true, accurate, current and complete. If the information provided is untrue, invalid, incomplete, and unlawful, or not in accordance with the Terms and Conditions of this Website, without prejudice to any other rights and remedies under this Condition or Law, Healthclickonline along with METC has the right to suspend, limit, or withdraw the access to the Site or to the member’s account. It’s the sole discretion of the Company if necessary, to enquire whether directly or through third party to provide further information or documentation including but not limited to verify your identity or ownership of the financial instrument;
Upon registration on the Sites, Healthclickonline shall assign an account to each registered User with a User ID and password, where the latter shall be chosen by the registered User during registration and this will act as the unique account information. An automatic email shall be sent to the User containing the account details. Each User/Buyer shall be solely responsible for maintaining the confidentiality and security of their User ID, password, and for all activities under their account. User/Buyer agrees to notify Healthclickonline immediately of any unauthorized use of password or User account or any other breach of security of any respective Customers individual account;
User/Buyer shall be solely responsible for any misuse of User ID and Password and acknowledges that sharing of account information, User ID, password, and any other account details or information with any third persons, or allowing multiple Users outside to use the account, may cause irreparable harm to Healthclickonline or other Users of the Sites. User/Buyer shall indemnify Healthclickonline, our Affiliates, directors, employees, agents, and representatives against any loss or damages including but not limited to direct, indirect, or consequential loss or profits, goodwill, or damages whatsoever suffered as a result of the multiple use of the account and disclosure of account details. User/Buyer agrees that in case of the multiple use of account or failure to maintain the security and confidentiality of the account, Healthclickonline shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User/Buyer;
We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
User agrees to reimburse Healthclickonline for any improper, unauthorized, or illegal use of the account by User itself or any person obtaining access to the Site and its services by using the User ID and Password whether the User is authorized or not to access the same;
Buyer/User agrees that all activities occur under their account, including without limitation, posting any Company or Product information, clicking to accept any Additional Agreements, annexure or rules, subscribing to or making any payment for any Services, sending emails using the email account or sending SMS, will be deemed to have been authorized by the User/Buyer;
For initiating the purchase, the Buyer has to select an item from the range of Goods or Products displayed, details of which will be added to the “Shopping Cart” by clicking on the “Buy” Button. Before placing an Order, Buyer has the opportunity of identifying and correcting any wrong input or errors that has been made by reviewing the content of the Shopping Cart. By clicking on the “Checkout” Button, an offer is submitted to buy the Goods in the Shopping Cart and will be transferred to the Pay Website, and they will handle the payment. Initial acknowledgement mail will be forwarded. Subsequent to that, an Order confirmation mail will be forwarded after verifying the availability of the Product and the Order will become a binding Contract. If the Order is unable to meet, the same will be confirmed by mail.
5. Price: -
The Prices, offers, promotions and discounts of the Products are displayed in Riyal Omani (R.O.) currency along with each Product;
The Price and currency for the payment of Goods, Product and/or Services shall be as stated in the Order and unless otherwise stated, shall be exclusive of all charges for packaging, packing, shipping, carriage, insurance if any and delivery of the Goods if any to the address stated on the relevant Order. Any duties, imposts or levies including value added tax or similar tax if applicable are excluded and the same has to be borne by the Buyer / Customer.
If any Product is underpriced in the website by mistake, the Vendor is not liable to supply the Product at the stated Price and the same will be notified to the respective Buyer and an option of either reconfirming the Order at the correct Price or cancelling it will be provided by the Vendor. If the Vendor is unable to contact the Buyer or the Buyer expressly withdraw from proceeding with the purchase, the Order placed in respect of the incorrectly Priced item is treated as cancelled and the full amount already paid for the Product will be refunded in accordance with our Refund Policy;
The Products displayed in the Website may vary from their descriptions. Product images are for representation purposes only and may vary slightly from the actual Product in size or color or whatever so apt. If there is anything that is not understandable, or wish to obtain further information, please contact Customer Services. Descriptions and performances of Products stated against each are based on the catalogue and technical literature printed by the manufacturers or their agent. Therefore, the write up provided against each Product is not that of Healthclickonline and is subject to change without prior notice;
6. TERMS OF PAYMENT: -
Payments for the Goods must be made via credit card or debit card or PayPal or cash on delivery as specified at the point of payment. Healthclickonline’s trusted payment gateway partners use secure encryption technology to keep all the online transaction confidential at all times. Healthclickonline Site accepts Orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology. Buyers cannot inadvertently place an Order through an unsecured connection;
Customers using foreign credit or debit cards must be aware that the amount charged on their cards will be the value of the Product displayed in the R.O. Currency which is converted into currency of the credit card or debit card at the prevailing conversion rate by the banks;
Credit card payments using Visa, MasterCard, and American express credit cards (if activated) are accepted and similarly, debit card payments using Visa, MasterCard, and Maestro Debit Card are also accepted. The full payment Price against the Goods or Products purchased will be debited from the respective debit card or credit card or PayPal account (if activated), as appropriate, before the dispatch of the Goods. Buyer has to confirm in the payment gateway that the debit or the credit card or the PayPal account that is being used for the purchase is belonging to the concerned Buyer. All the Users using the debit card or credit card are subject to validation checks and authorization by the card issuer. If the issuer of the card refuses to authorize payment, the Order will not be accepted and the Company or Vendor will not be responsible for any delay or non-delivery and not obliged to inform the Buyer about the reason for the refusal;
By placing an Order and making an offer to buy a Product, Buyer authorizes us to transmit information updated, to obtain information about Buyer from third parties from time to time which may include verification checks involving debit or credit card number, credit reports in order to authenticate identity, to validate credit card, to obtain an initial credit card authorization, to protect both the parties from fraud, and to enable us to arrange delivery of Order to nominated delivery address;
By opting Cash on Delivery payment method on the website (if activated), the Buyer can pay in cash at the time of actual delivery of the Product at doorstep, without requiring to make any advance payment online;
Healthclickonline or METC jointly or severally shall not be held liable for any losses caused as a result of unauthorized access to the personal and transactional information provided to us when placing an Order. In order to protect the Website visitors to the best of our knowledge, we implement several security policies and certificates. These layers of protection could be by-passed if the User's computer is/was infected with a virus or malicious software. Healthclickonline or its associated partners and employers shall not be held responsible for any incidents at any circumstance;
7. DELIVERY POLICY:-
Delivery of the Goods ordered shall be made within 4 – 5 business days for delivery in Muscat Region (upto Barka) and 6 – 7 business days for the rest of Oman. The delivery days are calculated from the next working day of receiving the payment. The Vendor and Healthclickonline shall not be liable for the unexpected delay in full or partial due to circumstances beyond the control of the Vendor/s. The Vendor shall contact the Buyer / Customer to inform the expected delay in delivery of the Product and the new estimated delivery time.
Buyer / Customer should provide a complete and accurate Delivery address along with the name of its recipient. Healthclickonline and/or Vendor shall not be liable for delivery of your Order to the wrong address or to the wrong person as a result of supplying incomplete or inaccurate information;
Vendor / Healthclickonline shall not guarantee delivery of items on the same day and they may be dispatched separately if an Order contains a number of items for delivery to the same address. Efforts will be made to dispatch all the items on time. All parcels delivered will require a signature on Delivery. If for any reason the Goods Ordered is not available at the time of placing the Order, it will be notified to Buyers email. No Contract of sale will be concluded in respect of Goods that are not available;
8. ONLINE SHOPPER PROTECTION POLICY: -
Healthclickonline has a "SHOPPER PROTECTION PROGRAM" which seeks to assist Customers to ensure their purchase is protected against fraud by any vendors on the Site.
If a Customer has purchased an item by way of any of the Healthclickonline SAFEST PAYMENTS processes and never received it or received an item worth significantly less in value compared to what was described by the vendor, the Customer may seek protection under the ONLINE SHOPPER PROTECTION PROGRAM.
The Shopper Protection Program involves reimbursement by Healthclickonline to the Customer of the value of the item only.
To be eligible under the Shopper Protection Program a Customer needs to file a complaint with Healthclickonline within 48 hours of receiving (or not receiving) the relevant item. Healthclickonline will investigate the matter and if it has been determined by Healthclickonline in its sole discretion that the vendor has intentionally defrauded the Customer in relation to the item for which Healthclickonline will reimbursed the Customer.
In such a case Healthclickonline may limit, suspend or withdraw the Vender’s access to the Site and/or the Vendor’s membership and Healthclickonline may charge the vendor for HealthClick`s costs (along with a service charge) in reimbursing the Customer and for any handling and shipping in accordance with the Fees & Credit Policy .
Healthclickonline reserves the right to take such further steps as it considers necessary including without limitation legal action. The Vendor acknowledges and agrees that if any item returned to Healthclickonline by a Customer is illegal or otherwise unlawful that Healthclickonline may in its sole discretion destroy the item or take any other steps as it considers necessary.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of OMAN.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
9. RISK AND OWNERSHIP: -
The responsibility and risk of loss, breakage and damage of the Goods shall pass immediately to the Buyer/Customer upon delivery or performance of the Goods to the Buyer/Customer in accordance with the Contract;
Ownership of items purchased will pass to the Buyer / Customer upon delivery of the Product and receipt of the full payment inclusive of all sums due in respect of Products like shipping charges and delivery charges;
10. DISCLAIMER OF WARRANTIES AND LIABLITY: -
To the maximum extent permitted by Law, the Services provided by Healthclickonline on or through the Site are provided "as is", “as available”, and “with all faults” and expressly disclaims any and all Warranties, express or implied, statutory or otherwise, including but not limited to, any warranties of title, condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. All such Warranties, representations, conditions, and undertakings are hereby excluded;
Without limiting the foregoing, Healthclickonline makes no representations or warranties that
the Website or the Services will meet the requirements or use of the Website or the Services will be uninterrupted, timely, secure or error-free;
the results that may be obtained from the use of the Website, Services or materials will be effective, accurate, complete, or reliable;
the quality of the Website, Services or other materials will meet personal expectations; or that
the errors or defects of any type in the Website, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by User/Buyer from Healthclickonline or through or from use of the Services shall create any warranty not expressly stated in the Terms and Conditions;
Healthclickonline does not represent, warrant, or agrees that the manufacture, distribution, export, importation, offer, display, sale, purchase and/or use of the Products or Services offered or displayed on the Sites does not violate any third party rights and does not makes any representation or warranties of any kind concerning any Product or Services displayed on the Site. No warranties or representations are made with regard to the Services or Products provided by the independent third parties. In no event shall Healthclickonline and our Affiliates be held liable for any such Services or Products;
To the maximum extent permitted by applicable law, Healthclickonline shall have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Healthclickonline also disclaims all liability with respect to the loss, misuse, modification or unavailability of any User content;
Healthclickonline shall not be liable for any loss that User/Buyer may incur as a consequence of unauthorized use of account or account information in connection with the Website or any Services or materials, either with or without the knowledge of User. Healthclickonline has endeavored, strived, and put effort to ensure that all the information on the Website is correct, but neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, Goods, Product, display, or service;
Healthclickonline shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on Contract, tort, negligence, strict liability or otherwise. Healthclickonline shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond control;
The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at each User’s sole discretion and risk and each User is solely responsible for any damage to User’s as well as Company’s computer systems and loss of data that may results from the download of such material or data. No advice or information, whether oral or written, obtained by any User from Healthclickonline or through or from the Sites shall create any warranty not expressly stated herein. Healthclickonline is not responsible for any typographical error leading to an invalid coupon. Healthclickonline accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties;
11. INDEMNIFICATION AND LIMITATION OF LIABILITY: -
Each User agree to indemnify, defend, save and hold harmless Healthclickonline including but not limited to its Affiliate, Vendors, agents, directors, officers, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses including legal fees and disbursements in connection therewith and interest chargeable thereon in full indemnity basis asserted against or incurred by Healthclickonline which may arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms and Conditions;
Each User hereby agrees to indemnify and save Healthclickonline, our Affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities including legal costs on a full indemnity basis which may arise from such User's use of the Sites or Services including but not limited to the display of such User's information on the Sites or from breach of any of the Terms and Conditions for this Website;
Each User hereby further agrees to indemnify and save Healthclickonline, our Affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities including legal costs on a full indemnity basis which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to Products offered or displayed on the Sites. Each User hereby further agrees that Healthclickonline is not responsible and shall have no liability for any material posted by others including defamatory, offensive, or illicit material and that the risk of damages from such material completely rests with each User. Healthclickonline reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Healthclickonline in asserting any available defenses;
Further, each User agree to hold Healthclickonline harmless against any claims made by any third party due to, or arising out of, or in connection with the use of Website by the User, any claim that the material of the User caused damage to a third party, violation of the Terms and Conditions or violation of any rights of another including any intellectual property rights by the User;
In no event shall Healthclickonline, its officers, directors, employees, partners or suppliers be liable to the User, the Vendor or any third party for any special, incidental, direct, indirect, consequential, punitive damages, or any damages whatsoever, including but not limited to those resulting from the damages for loss of use, data, savings, profits or information, and business interruptions, whether or not foreseeable or whether or not Healthclickonline has been advised of the possibility of such damages, or based on any theory of liability, including breach of Contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with use or the inability to use the Sites or Services, any defects in Goods, samples, data, information or Services purchased or obtained from a User or any other Third Party through the Sites; unauthorized access by third parties to data or private information of any User; statements or conduct of any User of the Sites; or; any matters relating to Services however arising, including negligence;
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law of The Sultanate of Oman;
12. USER CONDUCT: -
User warrants that all the information and data provided at the time of registration and at any time during the authorized use of Site or otherwise is true, accurate, complete, and up to date;
User warrants that all the information and data provided at the time of registration and at any time during the authorized use of Site or otherwise is true, accurate, complete, and up to date;
User has complied and will comply with all relevant laws relating to the use of the Site and their placement of any Order to Healthclickonline;
None of the Provisions of these Terms and Conditions and its annexure shall be deemed to constitute a partnership or agency agreement between the Customer and the Company.
The Goods come with guarantees shall not be excluded under the Oman Consumer Law. User is entitled for replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damages by the Vendor and also entitled for the repair or replacement if the Goods failed to be of an acceptable quality and that does not comes under major failure subject to the Terms of Returns Policy;
This Site is an online platform allowing for the Sale and Purchase of the items displayed in the Site and does not Offer an auction or banking services;
This Site includes all the information and materials that User can access on this Site including any materials and information posted by the User such as reviews or comments. Users acknowledge that such content or information is available to the general public including the persons who are not Registered Users of this Site and the public shall be able to associate and attribute such contents or information to the User. This content of the Site and the contents posted by the User comply and agree with the section 13 on Intellectual Property right;
User must not post, transmit, link to, or otherwise distribute any materials, information, or any content constituting or criticizing the Head of the State or Rulers of the Sultanate of Oman; cause or could cause agitation to relations between the Sultanate of Oman and other Arab, Islamic, and friendly countries; or blemishes the President of an Arab, Islamic, or any other friendly State; or defames Arabs and their civilization of heritage. User must not post any content which is calculated to incite hatred against any ethnic, religious, or any other minority or to adversely affect any individual, group, or ethnicity; which involves investigation against Islam or the system of ruling if it causes harm to the interest of the state or the values of the society, violates public disciple and order or involves insult to women and children, or calls for or circulates subversive ideas;
User is prohibited from posting the contents which contains confidential official or military communications, government treaties or conventions, minutes of meetings, deliberations or court hearing, news on ongoing criminal investigation before they are published officially and should not publish in bad faith, misinterpreted or distorted; any activities which instigates criminal activity or incites hatred or provokes action of dissensions among individuals of a society; maligns a public official or anybody occupying a post in the public prosecution or assigned to perform a public job; contains news that could cause harm to the national currency or damage to the national economy;
User should restrain themselves from posting the news, pictures, or comments causing disgrace, defame, abuse, stalk, harass, threaten, or otherwise violate the legal right of others, including without limitations for the right relating to an individual’s private or public life; disclosing any secret which harms the reputation of someone, his property, commercial name, or is meant to coerce somebody in any means, or false news about someone; includes any word, phrases, expressions, or pictures that are inconsistent with the public conduct or which mislead the public; includes advertisement for medicines or pharmaceutical preparations;
Any information of contents that User knows to be false or inaccurate, or otherwise unlawful, defamatory, discriminatory, pornographic, obscene, abusive, threatening, harassing or encourages should not be posted or shared that would be considered a criminal offence; or anything could damage Healthclickonline and METC and our group companies;
13. INTELLECTUAL PROPERTY RIGHT: -
The sole ownership or lawful license for all the rights and interests in the Sites, Sites contents, and compilation of the content on the Site are vested with Healthclickonline. All content included in the Site, including but not limited to text, graphics, logos, audio clips, icons, digital download, images, button icons, data compilation and software and any other intellectual property rights is the property and copyright work of either Healthclickonline or its content suppliers, licensers, or as the case may be, and is protected by copyrights, trademarks, and patents or other intellectual property rights and laws prevailing in Oman. All rights not otherwise claimed under the Terms or by Healthclickonline are hereby reserved;
“Healthclickonline” and any related icons and logos are registered or unregistered trademark or trademarks or service marks of Healthclickonline and are protected under applicable International trademark and other intellectual property rights and laws. The unauthorized copying, modification, use or publication of these marks leading to disparage or discredits to Healthclickonline is strictly prohibited. All other trademarks not owned by Healthclickonline that appear on the Site are the property of their respective owners, who may or may not be Affiliated with, connected to, or sponsored by Healthclickonline;
Healthclickonline is associated with many national and international brands and manufactures and respects and trusts the reputation of the manufacturers and brands. All available precautionary measures have been taken to prevent intellectual property infringements towards other brands. If any such malicious practice like counterfeit or intellectual property infringement has been noted in this Website, bring into the notice of Healthclickonline for taking immediate firm measures to prevent such malpractice;
14. TERMINATION: -
The Terms and Conditions are effective unless and until terminated by the Company. If User wants to terminate the contract t with Healthclickonline, it can be materialized by (i) not accessing the Website; or (ii) closing User accounts for all of the Services that they use;
Further, Healthclickonline may also terminate or suspend all or a portion of User account or access to the service, with or without assigning reasons;
16. FORCE MAJEURE: -
Any event which is beyond reasonable control like power failure, industrial disputes affecting third party, any governmental regulations, fires, flood, disasters, civil riots, terrorist attacks on wars, unavailability of raw materials, components or products comes under this Clause 16;
If Force Majeure Event gives rise to a failure or delay for performing the obligations under these Terms and Conditions, the same will be suspended for the duration of this particular event;
If Healthclickonline become aware of Force Majeure Event which is likely to give rise to any failure or delay in performing the obligations or duties, it shall promptly notify User or Customer, as soon as reasonably practicable but in any event within three (3) days after becoming aware of the commencement of the relevant event, of the nature and the extent of the circumstances in question;
Healthclickonline will take reasonable steps to mitigate the effects of the any Force Majeure Event;
17.GOVERNING LAW AND JURISDICTION: -
These Terms and Conditions and all obligations whatsoever arising out of it shall be governed and construed in accordance with the laws of Oman.
Any controversy, claim or dispute including any statutory claim or tortious claim arises out of in connection with or in relation to this Terms and Conditions, including but not limited to any particular clause of this document, or questions regarding the legal relationship established under this Terms and Conditions or the consequences of its nullity, then the User and the Company shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days;
The illegality or invalidity of any part of this Terms and Conditions shall not prejudice the enforceability of any other part which shall be separable there from;
18. GENERAL: -
Healthclickonline shall have the right to transfer all or any of its rights, benefits, obligations, or liabilities, whether expressed or implied, under this Conditions to its affiliates without requiring further specific agreement from the Customer and the Customer hereby grant Healthclickonline the right to transfer and irrevocably acknowledge for the same. Healthclickonline shall notice the same in the Website. User shall not at any time transfer any of their rights, obligation, benefits, or liabilities, in part or in full, whether expressed or implied, without the written consent of METC along with Healthclickonline.
This Terms and Conditions sets forth for the entire understanding between Healthclickonline and the Customer and shall be amended from time to time and updated on the website accordingly.
If any of the clauses of these Terms and Conditions shall be deemed invalid, void, or voidable for any reason, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms and Conditions. No third party shall have the right to enforce any terms of this Condition;
Any notice to the Company shall be given by Email with a physical copy sent to us by courier, and confirmation of receipt shall be provided by Healthclickonline by Email. Any notices to the Customer shall be posted on the Site or by Email to the Email address provided at the time of registration and it shall be deemed to be received by the Customer in 48 hours time. Alternatively, the notice shall be given by the Company to the Customer in the shipping address provided at the time of registration and such notice shall be deemed to be given after 7 days of mailing the document;
19. ANNEXURE: -
Following documents are Annexure for the Terms and Conditions and as available on Healthclickonline site: