Terms and Conditions
The following represents the terms and conditions applicable to all the services rendered by India Health Link Pvt Ltd, (IHL), a body corporate registered in India with its Registered Office at SCO-394, New Grain Market, Karnal, 132001 (herein after referred to as the ‘Company’) and delivered through its Portal viz: www.indiahealthlink.com (herein after referred to as the ‘portal’)and the IHL Kiosks operating at different locations in India.
The Company reserves the right to modify this policy as and when required and this is the current version modified last on 04/10/17.
Kindly go through these terms before proceeding to use any of the services offered on the Portal including the information available for browsing.
In the event any user is not agreeable to any of the terms of this document, they shall kindly refrain from continuing to use the services. Continuation of the use of the services is a confirmation of the user’s consent for valuable consideration received to provide their personal information under the terms mentioned here in.
This consent shall be irrevocable for the period for which the user continues to use the services, subject further to the data retention requirements as mentioned here in.
The User (which term shall apply to any person who uses any of the services of IHL either through the Portal or the Kiosk) agrees that a Copy of this document along with the Terms will be sent by the company in confirmation through the registered e-mail provided by the user if any.
Without waiting for the receipt of such e-mail, User confirms that he has chosen to provide confirmation, by clicking on the button “I AGREE” at the end of this document.
IHL owns and maintains the Portal www.indiahealthlink.com and provides certain information there in for browsing and offers certain services through the Portal and
IHL also owns and maintains, kiosks in several physical locations in India which enables users of the Kiosk to undergo certain health checks along with a facility to also upload the results directly to the Portal under a membership service,
The User is interested in using any or all of the services offered through the Portal and the Kiosk under the terms under which they are offered and
The user declares that he/she is an individual who is legally competent to enter into contracts as per laws prevailing in India and propose to avail any or all of the services provided by IHL through this Portal
User and IHL agree that this document constitutes a valid agreement between them setting down the terms under which the services will be provided by IHL and used by the user.
- In interpreting these terms, Following definitions apply
- “Portal” means www.indiahealthlink.com and includes subdomains if any there under
- “Visitor” means a person who is visiting this Portal and going through its contents
- “User” means a person who uses the services offered and includes the visitor who browses through the Portal and those who register and use any additional services.
- “Company” means India Health link Pvt Ltd, a registered company having its office at SCO-394, New Grain Market, Karnal, Haryana 132001 and includes their legal representatives, executors, administrations and assigns.
- “De-identified Information” means any information that with the associated parameters does not identify the information as belonging to any specific individual.
- “Limited Data Set” means any otherwise de-identified information that may contain demographic information associated with the individual to whom the information may belong and is required for Research.
- “Kiosk” means device used to measure vitals such as Weight, BMI, BMC, Pulse and ECG. It is hardware / software platform which can print the reports, show advertisements, do telecommunications for tele-medicine and diagnosis etc.
- “Telemedicine Service” means the exchange of medical information and data, remote treatment and diagnosis of patients through telecommunications and electronic technology.
- Any person or organization that uses the services of this Portal and or the Kiosk declares that he is competent to enter into contractual agreements as per the laws of his country, has not been barred from entering into contracts with the Company for any reason and to abide by the laws prevailing in India.
- Applicable Laws and Jurisdiction
The Company is registered in India and this agreement is deemed to be executed within the jurisdictional bounds of India. Any disputes arising out of this agreement shall be subject to the jurisdiction of Courts in Delhi , India as per laws applicable in India.
Status under Indian Law
- This Portal provides services to enable users to store their health records which may be easily accessed by them at times of need. The function of this Portal and the Kiosk is limited to providing a platform that can be used by the different users. The Portal does not initiate transmission of messages or select or modifies the information contained in the transmission of any information except with the intervention of the user and is therefore considered an “Intermediary” as per Information Technology Act 2000.
- The Kiosk is a device which is offered as a tool for the user to check certain health parameters and optionally upload the results to the member’s information maintained on the Portal. Kiosk measures the health parameters based on technology which is considered reasonably reliable and transmits the information to the Company’s storage systems keeping the local storage requirements to only operational contingencies. The Kiosk is an electronic system consisting of hardware and software which is leased out to the user temporarily at the time of its use and the user either picks up the information at the Kiosk and leaves or decides to trigger the health data storage service of the Company by sending the information from the Kiosk to the Company.
- Telemedicine Service is a service where the users may consult registered medical practitioners sharing with them the health records. The Company is not in the business of providing medical advise by itself. The role of the Company in this service is limited to arranging the appointment through the electronic system and making reasonable background verification of the medical practitioners whose contacts appear on the Portal. The user is responsible to make his own enquiries about any of the medical practitioners that he wishes to consult and satisfy himself about the appropriateness of the person for his needs.
- The user shall provide accurate and complete information about himself including e-mail address at the time of registering himself for the use of the service and shall inform the Company of any changes that may occur subsequently. Any notice sent to the registered e-mail address shall be considered as an effective delivery of the notice to the user. Any notices to be sent to the Company in respect of any of the reasons related to the use of the Portal shall be sent to the address provided by the Company in the Grievance Policy document available on the Portal.
- The user shall refrain from posting any information that constitutes violation of any of the provisions of Indian laws. In particular, the user shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- The User shall not carry out any activity which unauthorizedly damages, modifies or deletes any content on the Portal or the functionality of the application or otherwise impairs the functioning of the Portal whether or not such activity provides any wrongful gain to the user or wrongful loss to any other person.
- User shall keep his account particulars confidential and take all steps that are reasonable and necessary to prevent his identity from being compromised.
- User understands and acknowledges that if the user cancels his account or the account is terminated, all account information , including saved records will be deleted from the company’s databases. The user is advised to hold backup copies to safeguard himself from any loss of information due to such deletion.
Such Information may however continue to be retained offline for audit purpose and as per data retention requirements as per laws applicable in India.
- User agrees to immediately notify the Company of any unauthorized use of the user account, Profile, or passwords.
Additional Terms Applicable to Medical Practitioners
- The Medical practitioner is responsible for maintaining the confidentiality of the information shared by the customers during the consultation process. He shall not download the health data of the customers from the Portal nor receive any access password from the customers even if offered.
- If the medical practitioner requires submission of any health records, he may request and receive it directly from the customer or with the customer authorizing the Company to send the requested information.
- In conformity with the requirements of the provisions of Section 79 of Information Technology Act 2000, any disputes arising out of the use of IHL services is subject to the Grievance Redressal procedure indicated on the Portal and the laws applicable in India. Limited Warranty.
- The Company takes all reasonable care to ensure that the Portal and its applications shall be up and running without unreasonable disruption of the service and is free of malicious codes and bugs. However the services are provided on “as is” basis without any representations or warranties express or implied and shall not be liable on account of disruption of service or bugs or other damages that may be caused to the user for reasons beyond the reasonable control of the Company.
- The Company shall take reasonable care to ensure that the content provided by the Company on the Portal is
- Fair, reasonably free of errors and not false or misleading
- Is free from bugs, viruses, Trojans or other malicious codes
The Company shall not be liable for any loss including consequential loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data or loss in any other form to the user as a result of using the Portal or its applications.
Third party Content
- The Portal may contain links to third parties including advertisements. The Company shall not be responsible for any damages, claims or liability from your use of any third party Portal you may visit as a result of such links or advertisement content Indemnity.
- The user hereby holds the Company and any of its officers indemnified against any losses, damages, costs, liabilities and expenses including, without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute incurred or suffered by the Company arising out of any breach by the user of any provision of these terms and conditions, or arising out of any claim that the user has breached any provision of these terms and conditions.
Cross Border Data Transmission
- The Company maintains its data storage facilities in India. However, it reserves the right to host data elsewhere for meeting exigencies or for disaster recovery and business continuity purposes. User by conforming to these terms is deemed to have given his consent for collection, processing and transmission of data as per company’s policy including permission for cross border transfer of data from the user’s country.
- The Company reserves its right to use De-identified information for research and own use.
- The Company reserves its right to use Limited Data sets for research and statistical purposes.
- The Company follows reasonable security practices to protect the loss, misuse or unauthorized alteration of user’s personal information that is made available to the Company by the user.
- Company considers data which is encrypted and where the encryption keys are securely held separately as adequately secured information to which the Privacy and other security Controls as applicable to unencrypted personal or sensitive personal information are not applicable.
- The Company reserves the right to terminate the registration of any of the user solely at its discretion without assigning any reason thereof.
- The obligations under this agreement shall subsist for a period of one year after the member ceases to be a member Data Retention
- As per requirements of the laws in India, the Company reserves the right to archive any of the data related to the user or content posted by him at any time during the tenure of his use for a reasonable period even after the user terminates the use of the application.
- When the user opts to withdraw any content posted by him earlier, such deleted content may be preserved in back up copies for a reasonable period or archived by the Company though they are removed from the public view.
- Any content posted on the Portal may be made available on demand by a law enforcement authority under a due process of law.
- The company shall not however is obligated to keep back up of any content and provide the content on demand to any user Severability
- If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.