1. Acceptance of our Terms
This agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By accessing www.ichrcloud.com and the mobile application iCHR, from hereon being called “iCHR”, ”us”, ”we” or ”app”, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to the app, you agree to be bound by the following terms and conditions of service. If you do not want to be bound by our terms your only option is not to visit, view or otherwise use our services. We assume that you understand, agree and acknowledge that these terms constitute a legally binding agreement between you and iCHR and that your use of our app shall indicate your conclusive acceptance of this agreement.
3. Provision of Services
We Do Not Provide Medical Advice
The information that you obtain or receive from us, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the app is for informational and scheduling purposes only.
You agree and acknowledge that we are entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Moreover we are entitled to take services from other third party applications as and when required.
iCHR is an application that serves to provide digital health record, vaccination records, growth charts to doctors and parents. iCHR facilitates in managing the child health record better without changing the existing workflow for doctors/hospitals. The data can be accessed in digital format as soon as the data is captured and can be accessed by both doctor and parent as and when they like. iCHR ensures that all data will be stored in cloud and will be secured. iCHR ensures that only and only anonymized data will be used for data analytics. iCHR ensures that data in its original form will never be used or shared. iCHR assures that the names and details of both doctors and patients will not be shared with anyone unless demanded by authorities as per the law. We will provide the services only in accordance with applicable laws and government regulations. We shall give access to the data to authorities of law if requested. We may at its sole discretion, provide support services in the form of telephonic support, email or other mode of communication.
4. Promotions/Announcements between Doctor and Parent
iCHR provides broadcasting platform between the parent and the doctor so as to provide a secure means of communication. iCHR gives in the best of efforts in terms of keeping the information secure but it holds no responsibility over the content of the broadcasted messages between the communicators, the content of the message is totally based on user’s opinion and discretion.
5. Authorizations and Acknowledgement
We will provide you the data based solely on the information that is provided or captured by your doctor. iCHR (i) does not recommend or endorse any doctors or medical providers, (ii) does not make any representations or warranties with respect to these doctor or medical providers or the quality of the healthcare services they may provide.
As part of the registration process, you will provide the hospital name, UHID, phone number, and create a password. These are your credentials for accessing the services that are only available to members ("credentials"). You should keep your credentials private and not share your credentials with anyone else.
You must be 21 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 21 years of age, to register with us or use the app and the services.
7. Proprietary Rights
All the proprietary and confidential information including trademarks, are under protection of Intellectual Property Laws. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
Subject to the following provisions of this agreement, during the term of this agreement you shall make payments for the products and services availed from iCHR as follows:
You agree and acknowledge that you shall have to pay the subscription and other fees for the use of the application. You agree to make payments for the usage of the products in a timely manner. The payments to iCHR can be made via the payment options available on the application including but not limited to payment gateways, credit cards, wallets, or cash. Transactions on the platform are secure and protected. Any information entered when transacting on the app is encrypted to protect the user against unintentional disclosure to third parties. Your credit and debit card information is not received, stored by or retained by iCHR in any manner. This information is supplied by you directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
9. Limitation of Liability
Notwithstanding anything in this agreement, both parties agree that all liabilities including quality, performance and non-performance claims with regard to the services would rest entirely with you, and iCHR would not have any liability in this matter.
Governing Law Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India only. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Delhi, India, for the adjudication of any dispute hereunder or in connection herewith.
11. Entirety of Agreement
You understand and agree that the above terms constitute the entire general agreement between you and iCHR. You may be subject to additional terms and conditions when you use and access other services, content or material.
You acknowledge that, in the course of using our services hereunder, you may have access to and be entrusted with confidential information concerning the present and contemplated financial status and activities of iCHR, the disclosure of any of which confidential information to competitors of iCHR would be highly detrimental to the interests of us. You further acknowledge and agree that the right to maintain the confidentiality of such information constitutes a proprietary right which iCHR is entitled to protect. Accordingly, you covenant and agree with iCHR that you will not, during the continuance of this agreement, disclose any of such confidential information to any person, firm or corporation, nor shall he use same, except as required in the normal course of the engagement hereunder, and thereafter you shall not disclose or make use of the same.
Except as otherwise expressly stated on the website/mobile app, all services offered on the mobile app are offered on an "as is" basis without any warranty whatsoever, either express or implied. iCHR or any of its agent, servant or assigns shall not be liable for any direct or indirect, willful or otherwise, act or omission that can be attributed to the services and products. Or any of its agent, servant or assigns have any liability whatsoever in case any third party claims, demands, suit, actions, or other proceedings are initiated against any of its personnel or any other person engaged by iCHR. No corporate entity recommends or endorses the website/application platform and/or the offers available on the said platform. iCHR cannot be held responsible in a court of law, for any situations of damages including but not limiting to medical damage or negligence arising out of the doctor’s practice whether the situation arose as a result of information or knowledge obtained from the doctor or not or related to the services provided or agreed to be provided.
iCHR makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of the products and services. You agree and undertake that you are accessing the mobile app and transacting at your sole risk, or accessing/using any information displayed thereon. iCHR accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the user, the user's belongings, or any third party, resulting from the use or misuse of any service availed of by the user from the mobile app. iCHR does not guarantee that the functions and services contained in the website/mobile app will be uninterrupted or error-free, or that the website/mobile app or its server will be free of viruses or other harmful components, and the user hereby expressly accepts any and all associated risks involved with the user's use of the mobile app. It is further agreed to by the parties that the contents of this section shall survive even after the termination or expiry of the terms and/or policy.
In no event shall iCHR be liable to compensate the user or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not iCHR had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the use of or access to the app or services of iCHR.
You indemnify and shall hold indemnified iCHR, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim concerning quality, quantity and any claim in relation to the doctor’s services, the breach of any of the doctor’s representations or undertakings or in relation to the non-fulfillment of any of its obligations under this agreement or arising out of the doctor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Taxes, Service Tax, Value Added Tax, Medical Laws, etc. For the purpose of this clause reference to iCHR shall also include the mobile operators and such other agencies through which iCHR shall make the platform available to the users.
You shall indemnify iCHR against any action by a third party against the services provided by the doctor. iCHR agrees to indemnify and to keep indemnified the doctor in respect of all claim losses and expenses (including the cost of litigation if any) arising out of any breach or default part of iCHR to perform its obligations under this agreement. This article shall survive the termination or expiration of this agreement.
15. Changes to the Terms
iCHR reserves the right to modify these terms from time to time at our sole discretion and without any notice. Changes to our terms become effective on the date they are posted and your continued use of the app after any changes to terms will signify your agreement to be bound by them.
2. Personal Information Collected
In order for you to access certain areas of the app, we may require you to provide us with certain information that personally identifies you ("personal information"). Personal information includes the following categories of information: (1) Contact Data (such as your phone number and ICHR password); and (2) Demographic Data (such as your UHID).
3. Our Use of Your Information
We may use your personal information to recommend certain resources or medical providers. We may use your contact data to send you information about iCHR or our products or services, to contact you when necessary. We may use your data to customize and tailor your experience on the site, in emails and in other communication; displaying content that we think you might be interested in and according to your preferences.
We may also use your de-identified personal information to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your personal information in an anonymous manner that cannot be tied directly back to you.
4. Confidentiality and Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information on our app, we encrypt that information using secure socket layer technology (SSL).
6. Controlling Your Personal Information
As a registered user of the app, you can modify some of the personal information you have included in your profile or change your password by logging in and accessing your account. Upon your request, iCHR will do all efforts to delete your account and the personal information in your profile; however, it may be impossible to remove your account without some residual information being retained by us. Registered users who wish to close their account should contact us on our toll free number displayed on www.ichrcloud.com.
7. Lost or Stolen Information
You must promptly notify us if your contact data is lost, stolen, or used without permission. In such an event, we will remove that contact data from your account and update our records accordingly. Inform us on our toll free number displayed on www.ichrcloud.com.