Terms of Use

TERMS OF USE

Clove Dental, a brand name of Star Dental Centre Private Limited (referred to as “we”, us”, “Clove”) is the author and publisher of the internet resource www.clovedental.com (“Website”) on the world wide web as well as other software and applications provided by Clove, including but not limited to the mobile applications (referred to as “App”, and together with Website referred to as “Services”). (The term ‘we’ or ‘us’ or ‘our’ or ‘Clove wherever used shall include the affiliates or business/ Partner Clinics of Clove (“Partner”)).

Please read these Terms of use along with and the privacy policy available at https://clovedental.in/privacy-policy (“Privacy Policy”) and coupon policy available at https://clovedental.in/coupon-policy (“Coupon Policy”) (together the “Terms” or “Agreement”) carefully before you decide to access the Website/ App or avail the Services (as defined below).

These Terms together with any additional terms (whether provided separately or incorporated herein) provided to you for a Product or Service (“Supplemental Terms”) together constitute a legal agreement (“Agreement”, “Terms”) between us and you (collectively, “customer” “you”, “your”, “patient”) in connection with your visit to the website and/or your use of the Products and/ or Services.

Your access, browsing, or use of our website and/or purchase of our Products or Services and/ or downloading of the App, constitutes your consent to comply with and be bound by the Agreement and any additional terms, policies, and guidelines referenced herein or on our website. The Agreement forms a legally enforceable contract between you and us for the Products and/or Services purchased or accessed. In the case of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control as to the Products and Services addressed in those Supplemental Terms. Unless otherwise specified, the terms defined in any of the Agreement documents shall apply throughout this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

A. APPLICABILITY OF TERMS

This Agreement applies to you whether you are:

1. A patient, his/her representatives/ attendant/ relative/ friend or affiliates; or
2. A user of the Website or App.

This Agreement applies to all Services made available by Clove on the Website or App or any of its clinics. The Services may change from time to time, at the sole discretion of Clove, and the Agreement will apply to your visit to any of the clinics, your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App or at any of the clinics, at any given point in time.

You must be 18 (eighteen) years of age or older to register, use the Services/ Products, or visit or use the Website and/ or App in any manner. By registering, visiting and using the Website/ App or accepting this Agreement, you represent and warrant to Clove that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website/ App and the Services/ Product and agree to and abide by this Agreement

B. PRODUCTS AND SERVICES

1. “Product(s)” means and includes the products manufactured by any group entity of Clove and used in the treatment at the Clove clinic.
2. “Services” means dental healthcare services provided by Clove.

C. BOOKING AND APPOINTMENT

1. While Clove will try to ensure a confirmed appointment at one of its clinics for a User who requested an appointment on the Website or App or through phone number, Clove or its Partners does not guarantee that the User will get a confirmed appointment. Further, Clove and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the clinic or our Partner, or the medical service provider are not available as per the given appointment time.

D. ONLINE PAYMENT BY YOU

1. The clinic(s), Website and/ or App provide you the ability to pay online through a third-party payment gateway for some of the Services available thereon.
2. If you choose to pay online, you may be directed to a third-party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third-party payment gateway. Clove shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third-party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever

E.REFUND POLICY

1. Eligibility for refund: Subject to paragraph E.4. below, refunds will be available when:
• there is a wrong payment or swiping of card into Clove account; or
• in case a pre-payment of appointment is done, then the appointment cancellation is made by you, at least 24 (twenty-four) hours prior to the appointment date.; or
• there is a change in patient’s general medical condition like cardiac, pulmonary or endocrinal etc., rendering the patient unsuitable for said treatment, whereupon an evidentiary proof is submitted by the patient.

Dental treatment outcome depends on many factors including condition and progress of under-lying disease, patient’s biology, pre-and post-treatment care and patient’s compliance. If Clove management, subject to review by the Clove Quality Processes, determines that treatment outcome could have been better, they under sole discretion may approve refunds.

2. Refunds Modes
• Credit to patient’s bank account as provided by the patient.
• Clove Credit Cover: The patient can use their money for any alternate treatment for self or for anyone relative. Refund will be credited in patient’s Clove Account, which may be used for any treatment within 1 (one) year for the patient or any relative of the patient and may transfer same to anyone by an e-mail to Clove. In this case, there will be no deductions for consultations, x-rays, diagnosis & treatment planning except for treatment carried out like scaling, extraction, lab work etc.
3. Refund Process
• Time required for the process to complete shall be 30 (thirty days) to 45 (forty-five) days.
• Refund process will start once written request is received from patient (at dentist@clovedental.in) with reasons and the same has been accepted in writing by Clove management. Request should have been initiated within 6 (six) months of the treatment (for which refund is sought) date.
• For refund, the patient shall submit the necessary documents as requested for the refund by Clove, including without limitation receipts, x-rays. Patient will also return Clove delivered Product including without limitation dentures, crowns, aligners, failed implants, ortho appliances if any, to the treating clinic for which refund is asked. No refund will be eligible if there is a loss of Product or failure to return the Product.
• Clove Quality Team will review refund request based on all facts & patient-provided records pertaining to the underlying condition and reserves full and complete right to approve or reject the refund request.
• Consultations, x-rays, diagnosis and treatment planning, membership plans are not eligible for refund, and these shall be deducted. Fabrication charges for prosthesis, aligners, crowns, dentures etc. as charged by the vendor of the Product shall also be deducted.
• The final refund amount shall be subject to the deductions as mentioned in the Terms.
4. Refund Claims will not be eligible:
• Treatment has started/ part completed/ prosthesis fitted or the implant, brackets or crowns have been ordered. For instance, in case of aligners, if impressions or scan has been done and the aligners have been ordered, then no refund shall be entertained.
• Patient does not report for treatment for long time or misses the appointment, and condition deteriorates, or the fit has changed; like in cases of dentures, crowns, aligners etc.
• 6 (six) months have passed since the treatment is over.
• The patient gets treatment done at any clinic outside Clove.
• Patient did not comply with instructions or failed to report for further treatment like in implants or wear retention plates in orthodontic treatment, as advised.
• If the Products including without limitation, aligner/ crown/ denture has not been collected by the patient and the ‘fit has changed’, due to shifting of teeth, requiring new measurements.
• If the treatment is booked under ‘zero interest’ finance schemes.
• If the patient has blocked the offer with an advance amount. Upon blocking the offer, the patient agrees to pay all the remaining balance as per the agreed terms and conditions, otherwise, at our discretion, the blocked offer will expire, and the blocking amount paid will not be refunded; however, it will be adjusted for the new offer price.
• If the delivery of Products, or Services is delayed due to unforeseen or catastrophic circumstances or a force majeure event, or any factor outside the control of Clove.
• If the patient stops coming (for 4 months at a stretch) after the treatment has started, Clove will be at liberty to cancel the treatment without any recourse to refund.
• The refund with respect to the Products shall be subject to the additional terms as imposed by the vendors for such Products (as mentioned in the original packaging of such Products or on the website of such vendors).

Notwithstanding the above, you acknowledge and agree that we have the sole authority to review any return, refund, replacement, or cancellation request for eligibility based on our own evaluation of all your relevant facts, circumstances, and records. We also reserve the full and final right and sole authority to approve or disapprove or approve a partial, full, or no return, refund, replacement or cancellation at all, as may be appropriate in light of the relevant facts and circumstances, on a case-by-case basis.

5. Deductions for Aligners/Orthodontic/Implant/Other Treatment

In addition to the other deductions as mentioned in this Agreement, the following mandatory deductions shall be made in all applicable cases:

• Cancellation of Aligners work: Rs 10,000
• Cancellation of Implant / Orthodontic treatment: Rs 5,000
• For any other Treatment: Rs 3,000
6. Warranty treatments
• Crowns/ bridges under warranty by Product manufacturer: Warranty is limited to free replacement of prosthesis (crown, bridge) during warranty if it cracks, chips or comes out. Crown will have to be returned to avail warranty.
• Wherever, the crown or prosthesis is lost, cost of remaking will be charged.
• Warranty is for the crown only and not for tooth. Pain in tooth does not qualify for refunds towards the Crown.
• The warranty does not cover tooth fracture, tooth disease or toothache.
• You hereby agree that any decision with respect to the free replacement of the Product is dependent upon the discussions with the Product manufacturer, therefore, each such replacement event will be seen on a case-to-case basis and the decision of Clove in such cases shall be final.

F. RE-TREATMENT POLICY

Clove always aims to ensure best clinical practices by highly qualified and trained doctors in its clinics. However, there may not always be prognosis/outcome of a treatment on the desired lines, due to various limitations. In select such cases, Clove at its sole discretion may undertake re-treatment of the patient, as set out in these Terms:

1. Re-treatment will be undertaken on priority by Clove Dental in following cases: (limited to 6 (six) months within the original treatment, unless otherwise specified)
• If there is loss of filling, breakage of appliance or cementation failure.
• When treatment outcome is not as per patient’s satisfaction: In this event, Clove may undertake re-treatment, provided: (a) patient should have been regular in appointments and post-operative check-ups; and (b) followed instructions and not done anything contrary to instructions. However, if the patient has not complied with appointments and/or instructions as specified by the dentist during the treatment, leading to a situation resulting in need of procedure to rectify the presented situation, the applicable costs will be paid for by the patient.
• In case of failed treatment: Re-treatment or alternate treatment at any Clove Clinic within 6 (six) months will be undertaken.
• Patient should not have got any treatment done from a clinic other than Clove Dental clinic to qualify for the re-treatment.
2. Additional terms with respect to certain specialties:
• Orthodontic Patient’ will qualify for re-treatment only if: (a) the re-treatment request is made within 1 (one) year of completion of treatment; and (b) patient has complied with the timely appointments and review visits, reported immediately on breakages of brackets/appliances, worn the retainers and/or aligners as advised and not delayed the visits to dentists. Failure to do so causes relapse or prolong the treatment, which is not covered under re-treatment.
• Implant patients will qualify for re-treatment only if: (a) the re-treatment request is made within 1 (one) year of completion of treatment; (b) patient has come for balance treatment as per the scheduled appointments, both for implant surgery and for fixing implant crowns or teeth etc.; (c) patient must have followed post-operative instructions, maintained normal blood parameters (specially Serum Calcium, Vitamin D), abstained from smoking, or other parameters as instructed by the treating dentist; and (d) diabetic or hypertension patients or such other medical ailment affecting the dental treatment, should have come for timely post-operative check-ups every month till prosthesis is fitted and then every alternate month for one year, and shall bring all reports pertaining to diabetes/ hypertension.
3. Patient Relocates to Other City/Country
• Treatment will be continued, or the re-treatment will be undertaken at any Clove Clinic across the country after consultation by Clove dentist, subject to approval by the Clove management on case-to-case basis and subject to the additional terms and conditions as mentioned in the relocation form.
• For Orthodontia & Prosthetics patients: If Clove Clinic has ‘No In-house specialist’ of that specialty, in that city, patient will have to bear the visitation charges for external specialist.
• Further, if there is ‘No Clove Clinic’ in the city, where patient relocates, no refunds will be admissible, and treatment will only be given at the closest Clove Clinics.
• All re-treatment cases shall be subject to the analysis and re-analysis of all relevant underlying medical conditions of the patient, whereunder Clove shall have the right to require the patient to undergo relevant medical tests, submit reports thereof and accordingly decision shall be taken by Clove as to whether the case requires re-treatment, a fresh course of different treatment or no re-treatment.

G. TERMS SPECIFIC TO APP

1. Your logging in and out of the timing of wearing aligner is a feature enabled for your personal tracking. You agree and acknowledge that it is not possible for the Company to verify the correctness of such log sheet, and therefore, it is solely your responsibility to make sure that You log the time in and out in a manner and at an intensity level that is appropriate and correct. The Company hereby disclaims any guarantees on its behalf and on behalf of its dentists, of the accuracy, exactness, efficacy and satisfaction from the services provided by the Company basis the said log records.

H. MANAGEMENT RIGHTS

In case a patient has made any attempt to defame Clove or the doctors of Clove, management reserves the right to reject the claim for refund or retreatment. Clove Dental Management reserves the right to accept or reject any refund claim based on the clinical findings & patient history. Management has also the right to accept or reject any Re-treatment if the patient has not followed the instructions.

I. TERMINATION RIGHTS

1. Clove reserves the right to suspend or terminate a User’s access to the Website, App and/ or the Services with or without notice and to exercise any other remedy available under law where:
• Such User breaches any terms and conditions of the Agreement;
• A third-party reports violation of any of its right as a result of your use of the Services;
• Clove is unable to verify or authenticate any information provide to Clove by a User;
• Clove has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User;
• Clove believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Clove or its Partners or are contrary to the interests of the Website/ App.
2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/ App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/ App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

J. DISCLAIMER OF LIABILITIES

1. All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Clove and its Partners will not be responsible for the same. Further Clove and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
2. The Information does not constitute an invitation or recommendation to take medical services from Clove nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Clove urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
3. All information on the Website or App is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Clove or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
4. To the fullest extent permitted by law, Clove disclaims all liability arising out of your use or reliance upon the App or any feature thereof, Clove’s Services, representations and warranties made by Clove, the content or information provided by Clove on the Website/ App, or any opinion or suggestion given or expressed by Clove in relation to any of its Service.
5. Due to the fact that all medical science including orthodontics is not an exact science, the Company does not make any guarantees or assurances concerning the outcome of the treatment. To clarify, medical science (including orthodontics) is dependent upon various factors outside the control of Clove, such as disclosures and accurate self-reporting by the patient, patient discipline, adherence by the patient to the treatment plan suggested by the dentists and the biochemistry of the patients, and therefore no guarantees or assurances can be made in relation to the outcome of the treatment by Clove.
6. Your logging in and out of the timing of wearing aligner is a feature enabled for your personal tracking. You agree and acknowledge that it is not possible for Clove to verify the correctness of such log sheet, and therefore, it is solely your responsibility to make sure that You log the time in and out in a manner and at an intensity level that is appropriate and correct. Clove hereby disclaims any guarantees on its behalf and on behalf of its dentists, of the accuracy, exactness, efficacy and satisfaction from the services provided by Clove basis the said log records.
7. The feature allowing you to upload your images on the App has been enabled for your personal tracking and is in no way a substitute to the physical consultation. You hereby agree and acknowledge that Clove shall not be liable for your reliance or assumptions with respect to the uploading of images on the App. The response or non-response of Clove or its employees, consultants or dentists on any of the images or other data uploaded by you shall not be deemed to be an acceptance by Clove or its employees, consultants or dentists of the progress of any treatment.

K. LIMITATION OF LIABILITY

1. The information available on the Website or App could include inaccuracies or typographic errors. Clove has endeavoured to ensure that all the information on the Website/ App is correct, but Clove neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Clove makes no warranty, express or implied, concerning the Website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services/ Products, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Website/ App.
2. In no event shall Clove or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services/ Products; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/ App. Neither shall Clove be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Clove shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website/ App that may occur due to technical reasons or for any reason beyond Clove control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website/ App is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

L. INDEMNIFICATION

1. User agrees to indemnify and hold harmless Clove, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Clove will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

M. APPLICABLE LAW AND DISPUTE SETTLEMENT

1. You agree that this Agreement and any contractual obligation between Clove and User will be governed by the laws of India.
2. Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to the Agreement, your use of the Website/ App or the Services or the information to which it gives access.

N. CONTACT INFORMATION AND GRIEVANCE OFFICER

1. If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at: dentist@clovedental.in
2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
   
   Chhavi Jain
   
   Star Dental Centre Private Limited
   
   1st Floor, Eldeco Centre, Near Malviya Nagar Metro Station, Delhi – 110017
   
   Email id: legal@clovedental.in; chhavi.jain@clovedental.in