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1.1. This Digital Health Record Application (the "Service"), provided by YAVA Horizon Private Limited, is designed to function exclusively as a personal digital repository and information management tool for the User. DHR is designed to streamline the storage of your medical prescriptions, testing reports, and daily medical parameters in an organized manner. It offers a secure, user-friendly platform to store, access, and share your health information anytime, anywhere, ensuring a smarter way to keep your personal records.
1.2. The Service provides the functionality for Users to voluntarily input, upload, and maintain their personal health-related information ("User Data"). The scope of User Data may include, but is not limited to: a. Medical prescriptions and medication history; b. Diagnostic, imaging, and laboratory testing reports; c. Daily health and physiological parameters (e.g., blood pressure, glucose levels); d. Activity, fitness, and wellness data; e. Information concerning diagnosed diseases, medical conditions, and allergies; f. Details of past and ongoing medical treatments, therapies, or procedures; g. Any other healthcare or medical service information the User elects to store.
2.1. No Validation or Verification. The User hereby acknowledges that the Service is a passive platform. The Service and YAVA Horizon Private Limited do not validate, verify, audit, or cross-reference any User Data for its accuracy, integrity, timeliness, or completeness. All User Data is accepted and stored on an "as-is" basis, as entered by the User.
2.2. No Analysis, Inference, or Recommendations. The core functionality of the Service is limited to data storage and retrieval at the User's direction. The Service's software and systems do not analyze, process, or interpret User Data to generate any medical or clinical inferences, conclusions, alerts, or recommendations.
2.3. Not a Substitute for a Healthcare Provider. The Service is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. It is not intended to be a substitute for professional medical consultation, diagnosis, or treatment from a qualified physician or other healthcare provider. The User must not disregard or delay in obtaining medical advice from a licensed professional because of any information stored or managed within this Service. The sole responsibility for any decisions or actions taken based on the User Data stored herein lies with the User in consultation with their healthcare provider
This Privacy Policy ("Policy") sets out the manner in which Yava Horizon Private Limited ("Company"), as the operator of the Platform, collects, uses, processes, discloses, and safeguards the information of users ("You", "Your", or "User") in connection with the access and use of the website (the "Site") and/or any mobile application(s) (the "App"), either directly or in relation to services provided through the Platform. For the purposes of this Policy, the owner and the operator of the Platform are collectively referred to as "We", "Us", or "Our". The Site and App, together with the services provided through them, shall hereinafter be referred to as the "Platform".
The Platform is designed to facilitate the collection, storage, and management of health records, including but not limited to patient records, medical reports, prescriptions, and other health-related information (“Services”). Users may upload, store, and access their medical data through the Platform, which serves as a secure repository for the efficient and organized maintenance of healthcare records. We recognize the sensitive nature of such information and are committed to implementing industry-standard security practices to ensure its confidentiality and integrity.
By proceeding with the registration process, by accessing or using the Platform, or by availing any of the services offered through the Platform, You acknowledge that You have read, understood, and expressly consent to the collection, storage, processing, and use of Your information in accordance with this Privacy Policy and the Terms of Use (the "Terms"). Your continued use of the Platform shall be deemed as Your acceptance of the practices and procedures outlined herein.
This Privacy Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms.
This Privacy Policy is published in compliance with, inter alia:
Section 43A of the Information Technology Act, 2000 (“IT Act”);
Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).
By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy.
You hereby consent to Our collection, use, sharing, and disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at Our sole discretion, at any time, and any continued use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes; modifications made to the terms hereof.
If You are accessing or using Services on the App or the Site from an overseas location, You do so at Your own risk, and shall be solely liable for compliance with any applicable local laws.
If You don't agree with any of the terms and conditions of this Privacy Policy, please don't proceed further to use this Site or the App or any Services. This Privacy Policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy on this Site or the App periodically.
When You access the Site or the App or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that We may collect:
Information You Give Us: We receive and store any information You enter on Our Platform or provide Us in any other way. When You register on the Site or the App, We collect registration details such as phone number, name, geographical address and email address. We verify Your phone number with the help of a one-time password sent to Your phone number.
We may also collect information required for providing You Services on the Platform. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features. We may also collect sensitive personal data or information (“SPDI”) about You when You use Our Service(s) on the Platform. This information includes health information We receive from You or, on Your behalf, such as information or records relating to Your medical or health history, health status and laboratory testing results, details of medical practitioner issuing the prescription, details of treatment plans and medication prescribed by a Medical Practitioner, dosage details such as frequency of dosage, alternative medication, diagnostic results, other health-related information and any other information inferred therefrom. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes.
We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site or the App. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site or App is accessed. Our use of cookies and other tracking technologies allows Us to improve Our Site or the App and Your experience. At all times, You may refuse all cookies on Your browser or the App by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile’s “help” file or the browser.
Third party tools and software: We use third party SDKs in Our App. Majority of them are different payment options by which You can make a payment for license/subscription. In order to enhance Your personal and overall experience some of the tools are used therein.
Automatic Information: We receive and store certain types of information whenever You interact with Us. For example, We obtain certain types of information when Your web browser accesses the Site or advertisements and other content served by or on behalf of [https://digitalhealthrecord.co.in/] on other web sites. We may also receive/store information about Your location and Your mobile device, including a unique identifier for Your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.
The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
You agree that You are providing all information, including SPDI to Us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent. You are providing Us with Your consent for Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information or SPDI, but in the event that You do so, We will be unable to provide You access to Our App or the Site or deliver products or provide Services through Our Platform.
We use information We collect, in a variety of ways in order to provide the Services on the App and the Site and to operate Our business, including the following:
To carry out Our obligations arising from Your requests for the Services on the Platform;
To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
To enable Your access to Our Site or App to avail of services and provide You Services;
Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
Research, growth and development of Our or Our group entities' business (including building upon our network of our consulting RMPs/doctors, partners etc);
We use the information that You provide for such purposes such as responding to Your requests, customising Your orders, improving Our Platform or communicating with You
For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
To comply with applicable law;
To conduct audits and quality assessment procedures;
To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software.
Contacting users, by Us or our group entities, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, or as otherwise required by law;
To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any changes/updates to the Site, or the introduction of any future fees or charges that We may collect at the time for purchasing products or provision of Our Services to You; or
To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and/or any potential products and services that may be offered in the future.
We may contact you by way of SMS, email and phone calls, if you have added products to your cart but have not been able to complete the checkout process. This is to facilitate your order completion and provide assistance with any issues that you may be experiencing.
We may use “cookies” information and “automatically collected” information We collect on the Platform to (i) personalize Our services, such as remembering Your information so that You will not have to re-enter it during Your visit or the next time You avail the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track Your entries, submissions, and status in any promotions or other activities on the Service.
We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of the Platform or others.
We may use information regarding Your location or the location of Your device through which You access the Service for a number of purposes, including without limitation to confirm You are located in a jurisdiction in which the Service is offered.
We may collect, analyse, use, publish, create and sell de-identified information, of which Your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes. (collectively “Purposes”).
3.Do We share the Information We receive?
Information about You and the other Users of the Platform forms an integral part of Our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site or the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. We, have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, Retail Pharmacies, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:
Retail partners: Some of Your personal information or SPDI will be shared with affiliated retailers, the Retail Pharmacies who supply and service Your order and with the Medical Practitioners. These retailers operate on the Platform or sell medicines and wellness products to You on the Site or the App. You can identify when a third party is involved in Your transactions, and We share customer information related to those transactions with that third party;
Third Party Service Providers: Some of Your personal information or SPDI may be shared with third party service providers, such as diagnostic service providers (including but not limited to labs, collection agents etc), and retailers. Examples include fulfilling orders, facilitating and conducting diagnostic tests, including sample collection and processing, delivering packages, sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing card payments and providing customer service. They have access to personal information needed to perform their functions including but not limited to performing quality checks on Your testing, for teaching purposes, or for developing normal reference ranges for the diagnostic tests performed. The tools used by such third party service providers to provide the Services, may also collect Your personal information or SPDI during the process of providing such Services. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. It is clarified that We will not be responsible and liable for the acts of omissions and commissions of such third parties associated with Us. However, We may facilitate resolving any issue You may face with such third parties;
Our Legal obligations: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of Our Users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;
Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how Users use Our Site or App and enable Us to create a better overall experience for You; and
Improving Our business: You acknowledge that We have a right to use a recorded copy of Your e-prescription, and Your diagnostic test reports for improving Our Services, marketing and promotional efforts, customize Your experience and aiding You in procuring targeted consultation for any underlying medical condition. These uses improve the Site, the App, and the Services, and better tailor it to meet Your needs, so as to provide You with an efficient, safe and customized experience. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by Us.
Transfer to third parties and outside India
Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country.
By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing with and/or processing of Your personal information and SPDI by third parties, including in any location outside India, provided that they ensure that Your SPDI is protected in compliance with standards that are comparable to the standards of protection afforded to it in India or equivalent international standards.
4.How Secure Is Information About Me?
We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPDI). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.
We work to protect the security of Your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on "Information Technology Security Techniques & Information Security Management System-Requirements".
We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
No employee or administrator will have knowledge of Your password of Your account on the Site or the App. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site or the App when You have finished use thereof. We don't undertake any liability for any unauthorised use of Your account and password.
If You suspect any unauthorized use of Your account, You must immediately notify Us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account or password.
Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User, etc.
5.What Information Can I Access?
The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, deleting information provided on the App or the Site. You may rectify any inaccurate or deficient personal information or SPDI, as feasible. You have the option to opt-out of optional services such as receiving promotional materials etc. and should You desire to opt-in to such services at the time of signing up You can choose do so.
6.Are Children Allowed to Use the Platform?
Use of the Site or the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please don't use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert Us at [info@digitalhealthrecord.co.in] and request that We delete that child’s personally identifiable information from Our systems.
7.Third-party links
The Site or the App may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Site or the App, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on Our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.
You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.
Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.
8.Retention of Information
Any personal information or SPDI collected in accordance with this Privacy Policy will be collected by Us and retained or stored either by Us or by Hostinger on Cloud Server.
We also have measures in place such that Your SPDI which is in Our possession or under Our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the purposes for which Your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.
We may, however, reserve the right to retain and store Your personal information for Our business purposes, whether such personal information has been deleted or not. After a period of time, Your data may be anonymized and aggregated and then may be held by Us as long as necessary, to enable purchases of services and provision of services or for analytics purposes.
If You wish to withdraw Your consent for processing Your personal information and SPDI, cancel Your account, or request that We no longer use Your personal information and SPDI to provide You services, please contact Us at details indicated in the contact section. Please note however that Your withdrawal of consent or cancellation of account may result in Us not being able to provide You with Our services, or terminate any existing relationship that We may have with You.
Please note that uninstalling the App will not result in deletion of Your personal information or SPDI.
9.Changes to Your Information
You may review, correct, update, change the information that You have provided by logging into Your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform. You may update Your information at any point by writing to Us at the details indicated below in the contact section.
Should You choose to update Your personal information or SPDI or modify it in a way that isn't verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to Our Site, App or the Services, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to Our Site, App or the Services.
We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate delivery of products and services. Access to or correction, updating or deletion of Your personal information or SPDI may be denied or limited by Us if it would violate another person’s rights and/or isn't otherwise permitted by applicable law.
10.Notices
If You have any concern about privacy or grievances on the Site or the App, please contact Us with a thorough description and We will try to resolve the issue for You. If You have any concerns or questions in relation to this Privacy Policy, You may address them to Our grievance officer at:
Name: Kallol Roy
Address: 411/15, Hemanta Mukhopdhyay Sarani, Kolkata- 700 029
E-mail:info@digitalhealthrecord.co.in
We shall endeavour to resolve Your grievances within one month from the date of receipt of such grievance.
11.Miscellaneous
Disclaimer: We cannot ensure that all of Your personal information and SPDI will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We don't promise, and You should not expect, that Your information or private communications will always remain private. As a User of the Site or the App, You understand and agree that You assume all responsibility and risk for Your use of the Site or the App, the internet generally, and the information You post or access and for Your conduct on and off the Site or the App.
Indemnity: You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through Our Site or App or otherwise and Your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your personal information or SPDI which You may have disclosed to such third parties.
Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.
This document ("Terms") sets out the manner in which [Yava Horizon Private Limited] ("Company"), as the operator of the Platform (defined below), collects, uses, processes, discloses, and safeguards the information of users ("You", "Your", or "User") in connection with the access and use of the website [https://digitalhealthrecord.co.in/] (the "Site") and/or any mobile application(s) (the "App"), either directly or in relation to services provided through the Platform. For the purposes of this Policy, the owner and the operator of the Platform are collectively referred to as "We", "Us", or "Our". The Site and App, together with the services provided through them, shall hereinafter be referred to as the "Platform".
The Platform is run, operated and maintained by Yava Horizon Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at 411/15, Hemanta Mukhopadhyay Sarani, Kolkata-700 029 and website - https://digitalhealthrecord.co.in/
For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website and/or App , agrees to become a user on the Website or avails or offers to avail any of our services.
Use of the Platform is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Platform, including by way of imposing an additional charge for access to or use of a service(s).
The Company reserves the right to change or modify these Terms or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Platform will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Platform.
By (i) using this Platform or any facility or service provided by the Platform in any way; or (ii) merely by browsing the Platform, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
Our Platform is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services availed by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies of the third party.
Terms is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of https://digitalhealthrecord.co.in/ website and its mobile applications.
Any capitalized terms used but not defined in this Terms have the meaning given to them in the Privacy Policy.
The Platform is designed to facilitate the collection, storage, and management of medical data, including but not limited to patient records, medical reports, prescriptions, and other health-related information (“Services”). Users may upload, store, and access their medical data through the Platform, which serves as a secure repository for the efficient and organized maintenance of healthcare records. We recognize the sensitive nature of such information and are committed to implementing industry-standard security practices to ensure its confidentiality and integrity.
The Company may connect You with Professionals who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Professional, and the Professional shall solely be responsible and liable for the same.
Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Platform. The Platform shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not confirm to the above qualification, You will not be permitted to use any services through the Platform. By accessing and using this Platform, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Platform, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Platform if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
Company shall enable You to make the requisition of Services available to You through the Platform, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The Platform requires You to register as a User by creating an Account in order to avail the services provided by the Platform. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security or any other applicable laws, rules, regulations and guidelines as may be notified from time to time. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. You shall ensure that the Account Information provided by You in the Platform's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Platform. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Platform. The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Platform, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
You, as a User, understand that upon initiating a requisition on the Platform, You are entering into a legally binding and enforceable contract with Company to avail/subscribe Services from the Company.
Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
The User acknowledges that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User /service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions.
Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Platform. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User /service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.
Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.
The Company reserves the right to modify the fee structure by providing on the Platform which shall be considered as valid and agreed communication. The Company shall not be responsible if some request to avail services is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Platform and the Services provided herein.
You agree to use the Services, Platform and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Platform, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
Further, You undertake not to:
Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:
is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
infringes patent, trademark, copyright or other proprietary or intellectual property rights;
violates any law for the time being in force;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;
Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
Upload files that contain software or other material protected by applicable intellectual property laws;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
Engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Platform or service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform;
Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any applicable laws or regulations for the time being in force within India;
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the Products and Company shall in no manner be deemed to be the owner of the Products on this Platform. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users.
You agree that the Platform shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
You abide by these Terms, Privacy Policy and any other Company Policy by using the Company’s Services.
You may access and use the Platform solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Platform or any other materials available on the Platform;
You may not distribute or sell, rent, lease, license or otherwise make the Platform or any other materials available on the Platform available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Platform or any other materials available on the Platform.
The limited rights granted to You in the Platform, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Platform. Such elements of the Platform are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Platform or any other materials available on the Platform shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Platform is the property of Company. You may not use, download or install any software available at the Platform, unless otherwise expressly permitted by these Terms or by the express written permission of Company.
Any purchase of the subscription from the Platform will be strictly for personal use of the User. The User hereby expressly agrees that any Services purchased by the User will not be resold, bartered or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the Services availed/subscription purchased are not transferrable to any third party for profit.
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Platform.
You are also under an obligation to use this Platform for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Platform. You shall use this Platform, for personal, non-commercial use only and You shall not re-sell the same to any other person once you subscribe with the Platform.
The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Platform is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Company. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “[DHR / Digital Health Record]”, domain name “[https://digitalhealthrecord.co.in/ ]”, and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
You expressly understand and agree that, to the maximum extent permitted by applicable law the Platform, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Platform or the services will meet your requirements or your use of the Platform or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, services or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.
To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or any other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Platform or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Platform is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Platform, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their electronic devices or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
You expressly agree that Your use of the Platform is at Your risk.
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents 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) asserted against or incurred by Company that 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 You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor 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 or whether or not Company 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 Your use of or access to the Platform, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company cannot and does not guarantee that the concerned Users and/or third party service providers will perform any transactions that are entered into on the Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party service providers.
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Platform and block Your future access to the Platform, if Company determines that You have violated these Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Platform, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Platform or any service offered on or through the Platform; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Platform; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
Company has elected to discontinue, with or without reason, access to the Platform, the services (or any part thereof); or
Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Platform and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Platform, Company may delete any content or any other materials relating to Your use of the Platform and Company will have no liability to You or any third party for doing so.
These Terms and all transactions entered into on or through the Platform and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the Terms or any transactions entered into on or through the Platform or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Kolkata, India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report to Company’s customer support team.
If You have any concern about the Terms or grievances about the Platform or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:
Name: Kallol Roy
Address: [411/15, Hemanta Mukhopdhyay Sarani, Kolkata- 700 029]
E-mail: [info@digitalhealthrecord.co.in]
The Grievance Officer shall continue to serve as the primary point of contact for any concerns related to the services provided on our platform.
Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and provide services requested by You. Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available [https://digitalhealthrecord.co.in/privacypolicy/], to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Services offered through the Platform and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by sending an email to : info@digitalhealthrecord.co.in
Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
Notice: All notices of Company will be served by email or by general notification on the Platform. Any notice provided to Company pursuant to the Terms should be sent to [info@digitalhealthrecord.co.in].
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right
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