Terms & Conditions

HEALTHCARE IN YOUR HAND- TERMS OF BUSINESS (TS&CS), POLICY AND COOKIES LAW

BACKGROUND:

These Terms and Conditions set forth a set of essential provisions for the services by Hitows Healthcare Private Limited under its registered brand name healthcare in your hand, trading as www.healthcareinyourhand.com, which is registered under the Indian Companies Act-1956, having its Registered Office located at FF-14, First Floor, TDI Centre, Jasola District Jasola, New Delhi: 110025, India.

We understand that your privacy is important to you, and that you care about how your information is used and shared online. We value and respect your privacy as a visitor to our website. We will only collect and use information in trusted ways that are useful to you, following a manner consistent with your rights and Our obligations under the law.

Please read this Privacy Policy carefully to ensure that you fully understand how we will use the information collected during your use of Our website and app.As soon as you begin using Our Site, you are deemed to have accepted our Privacy Policy, and you are required to confirm acceptance of our Privacy Policy when creating an Account. If you do not agree with this Privacy Policy, you must immediately cease using Our Site.

Definitions and Interpretation

As a matter of course, unless the context requires otherwise, the following expressions have the following meanings:

“HCH”                  means Healthcare in your hand

“Contract”         means the contract for the provision of Services, as explained in Clause 3;

“Price”   means the price payable for the Services;

“Deposit”           means an advance payment made to Us for Services;

“Services”          means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Calendar Day” means any day of the year (except above);

“Business Day”  means any day other than a Sunday or bank holiday in India;

“Month”            means a calendar month;

“Special Price”  means a special offer price payable for Services which We may offer from time to time;

“Order” means your order for Our Services;

“Order Confirmation”   means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our”    Means Healthcare in your hand services, and www.healthcareinyourhand.com who’s registered office is shown above.

In these Terms and Conditions, any references to "writing" and any similar expression include electronic communications, whether they are sent via e-mail, text messages, faxes or other means.

About Us

Healthcare in your hand Services Private Limited, incorporated under the Indian Companies Act, 1956, is the owner and operator of our platform, www.healthcareinyourhand.com, which has its registered office at Hitows Healthcare Pvt. Ltd., FF-14, First Floor, TDI Centre, Jasola District Jasola, New Delhi: 110025, India.

Our current offerings include medical records, medical appointments, online consultations, third party medical services, e-pharmacy, and medical counselling services offered via our app and our website, healthcareinyourhand.com.

We are a provider of a medical enquiries and medical records/ appointments/ Online Consultation service, third party medical services, E-Pharmacy, Medical Counselling services operated via our App &www.healthcareinyourhand.com.Our platform is a conduit for bringing Parties ("Enquirers", "Users" & Service Providers) together.

Scope of This Policy

You are subject to this Privacy Policy only if you use Our Site. Links to other websites (whether shared by other users or provided by us) are not covered by this policy.The way your data is collected, stored, and used by other websites is beyond our control, and we encourage you to check the privacy policies of any such websites before providing any data to them.

The Contract

Our Contract with you for the sale of products and services on our Platform will be based on these Terms and Conditions.It is important that you read these Terms and Conditions carefully before submitting an Order (service request).

Any sales and marketing literature, price lists, and other documents provided by us do not constitute a contractual offer.We are free to accept or reject your Order at our absolute discretion.

Our Order Confirmation indicates that we have accepted your Order, creating a legally binding contract between us and you.You will receive a written confirmation of your Order.

Prior to the formation of the Contract between Us and you, we shall ensure that you are provided with the following information, except where such information is obvious from the context of the transaction:

·         Service characteristics;

·         Our identity and contact details;

·         Prices for the Services, including any taxes, or, if the nature of the Services cannot be calculated in advance, how they will be calculated;

·         Payment arrangements, payment performance, and the timeframes by which (or within which) We undertake to perform the Services;

·         Details of after-sales services and commercial guarantees, if applicable;

·         Our complaints handling policy;

·         Whether the Contract will be of fixed duration, or if it will be automatically extended or indeterminate in duration, the conditions for ending the Contract;

·         Any transmitted digital or data content's functioning, including suitable technological protective measures, if applicable;

Orders or Use of Our Services

You may book appointments with Service Providers, upload and exchange copies of your documents/medical data and files, and send inquiries using our App/website. The Service Providers Consist of Independent enterprises, consultants, clinics, and organisations. You are solely responsible for selecting the records and information you intend to share or communicate, and as such, you should become familiar with the Service Provider's own Privacy & Data Policy, as well as any other applicable Ts&Cs of business.

You will be bound by Our Terms and Conditions if you place any order for services through our App/website.

Because our services are tailored to you and classified as "Customized Services," any and all orders placed through Our App/website are excluded from the Consumer Contract Regulations, which means you will not be entitled to a "Settle Down" period, cancellation, or refund of fees paid. This has no bearing on your legal rights.

Price and Payment

The Services will be priced as per the current price list in effect at the time of your Order. If the price in your Order changes from our current price, we will notify you when your order is received.

If we quote a Special Price that differs from the Price shown in our current Price List, the Special Price will be applicable only for the time period specified or, if the Special Price is part of a special offer advertised, for the time period specified in the advertisement. During this time, orders will be accepted at the Special Price.

Our prices are subject to change at any time, but they will not affect orders that have already been processed.

All Prices include Tax.  If the rate of Tax changes between the date of your Order and the date of your payment, we will adjust the rate of Tax that you must pay.  Changes in Tax will not affect any Prices where we have already received payment in full from you.

Payment of full balance against the price is to be done at the time of uploading of your documents, same will be considered as we have started with the process to provide you the services.

We accept the following methods of payment:

-          Credit/Debit Card payment and/or UPI payment through our appointed card payment processor and/or our payment gateway.

-          Bank transfer in INR/$ etc(whichever is applicable) currency, which shall be converted to INRonce cleared to our account.

Credit and/or debit cards will be charged when our services are commenced.

Providing the Services

As per law, we will deliver Our Services with reasonable skill and care, in line with industry best practises and standards, and in accordance with any information we give about the Services and ourselves.

We shall begin offering Our Services as per the date ofthe Order Confirmation.

We shall make every attempt to complete the Services in a timely manner (and in accordance with your Order). We cannot, however, be held liable for any delays caused by events beyond our control.

If we require any information or action from you in order to deliver the Services, we will notify you as soon as reasonably practical.

We shall not be liable for any delays or cancellations of appointments with Service Providers caused by delayed, incomplete, or otherwise erroneous information or activity requested by you. We may charge you a reasonable extra fee if further effort is necessary from us to remedy or compensate for a mistake made as an outcome of incomplete or otherwise inaccurate information or action on your side.

We may suspend the Services in certain situations, such as if you fail to submit us information or take action that is necessary (and will inform you of that suspension in writing).

For some conditions, such as when we experience a technical glitch, we may need to temporarily halt the Services in order to remedy the situation. Unless the situation is an emergency that requires immediate action, we shall notify you in writing prior to discontinuing the Services.

You will not be charged for the Services while they are suspended. However, you must pay any invoices you have received from us before the due date (s).We may suspend the Services if you do not pay us for the Services as necessary. We will notify you in writing if this happens.

Problems with the Services and Your Legal Rights

We make every effort to guarantee that the delivery of Our Services is trouble-free. If there is an issue with the Services, however, we ask that you contact us as quickly as possible.

We shall make reasonable efforts to resolve any issues with the Services as soon as reasonably practicable.

If the issues have been caused by us, any of our agents, employees, or subcontractors, or if no one can be held responsible, we will not charge you for resolving them. We may charge you the amount owing if we find that an issue was caused by erroneous or incomplete information or activity given or performed by you.

When it comes to the purchase of services, you have certain legal rights as a consumer. If we do not perform the Services with reasonable skill and care, you have the right to request a repeat performance or, if that is not feasible or can be done in a reasonable period without causing you undue trouble, a price reduction or a refund. If the Services are not performed in accordance with the information, we have provided about them, you have the right to seek a repeat performance or, if that is not practicable or done within a reasonable period without causing you any trouble, you have the right to cancel the Services (or if Our breach concerns information about Us that does not relate to the performance of the Services),You are entitled to a price reduction or a refund. You may have remedies for any Service that is falsely characterised, in addition to your legal rights related directly to the Services.

Our Liability

We shall only be liable for any foreseeable loss or damage you may incur as a consequence of our violation of the Terms and Conditions or carelessness (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an evident result of the breach or carelessness, or if it was anticipated by both you and us at the time the Contract was formed. We shall not be held liable for any unforeseeable loss or damage.

We provide domestic, private usage (or purposes), and international services. We make no guarantee or promise that the Services are suitable for any commercial, business, or industrial uses. You agree not to use the Services for such purposes by placing your Order. We shall not be liable to you for any lost profits, lost business, business disruption, or lost business opportunity.

Nothing in these Terms and Conditions intends to exclude or limit our responsibility for any loss or damage caused by our negligence (including that of our employees, agents, or subcontractors), or for fraud or fraudulent misrepresentation, which we are unable to exclude or limit by law.

Nothing in these Terms and Conditions is intended to restrict or exclude our liability for failing to execute the Services with reasonable care and skill, or in accordance with information supplied by us concerning the Services or Us.

Nothing in these Terms and Conditions is intended to affect or exclude your legal rights as a consumer.

Events Outside of Our Control (Force Majeure)

We shall not be held accountable for any failure or delay in completing our duties if the failure or delay is caused by an event beyond our reasonable control. Such causes include, but are not limited to: internet service provider failure,power failure, lock-outs,strikes, or other industrial action by third parties,explosion, riots and other civil unrest, fire, flood, storms, subsidence, earthquakes,acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, Government or Local Council/ Authority restrictions or lockdown orders, or any other event that is beyond Our reasonable control.

If any of the events listed occur and are likely to have a negative impact on Our ability to execute any of Our responsibilities under these Terms and Conditions, we shall notify you as soon as reasonably reasonable;

Our responsibilities under these Terms and Conditions shall be suspended, and any deadlines that we are obligated to meet will be extended accordingly;

When the incident outside of Our control is over, we will notify you and give information of any new dates, times, or availability of Our Services as needed;

You may use your right to cancel the Contract for Your Order/ Purchase of Our Services if an incident beyond Our control happens. Any refunds owed to you as a consequence of such cancellation will be made as soon as practically feasible, but no later than 14 calendar days after We acknowledge your cancellation notice;

If the situation outside of Our control persists for more than 4 weeks, We shall cancel the Contract and notify you of the termination in line with Our right to cancel under. Any refunds owed to you as a result of that cancellation will be made as soon as practically feasible, and in any case within 14 days of Our cancellation notification.

Cancellation

There are no refunds or cancellations after we have started providing Our Services.

If any of the following events occur, you may immediately cancel the Services and the Contract by notifying us in writing. If you have made a payment to Us for Services that we have yet to supply, these funds will be reimbursed to you as soon as practicable. You will not be forced to make any payments to us if you cancel due to our breach of these Ts&Cs. In addition, you may be entitled to a refund under the following circumstances:

·         We enter into liquidation or have an administrator or receiver appointed over Our assets; or

·         We are unable to provide the Services due to an event outside of Our control (Force Majeure); or

·         We have breached the Contract in any material way and have failed to provide the Service or

·         We change these Terms and Conditions to a level that you do not agree with to your material disadvantage.

Important Disclaimers

Any and all transactions, correspondence, medical record submissions, and other activities conducted through Our App/ Platform are solely between you and the Service Provider. We offer no recommendations, endorsements, or suggestions on which Consultant, Medical Practitioner, Clinic, Hospital, or other provider you should choose. We offer no guarantees or warranties about the Service Provider's credentials, talents, or expertise, and you should double-check that you are completely satisfied with your choice of Service or Service Provider before proceeding.

We do not offer any advise or provide any information that might be construed as such. You should always contact your personal medical practitioner or doctor before deciding on any medical procedures or treatments. If the treatment/s or procedure/s do not match your expectations, or if any adverse effects occur, we do not take any responsibility or obligation.

We just act as a bridge for the transmission of information and data between you, the User, and the Recipient Consultant, Doctor, Clinic, or other Service Provider. You may be subject to the particular Service Provider's Terms and Conditions as well as its Privacy/Data Policy, which you should review before proceeding.

How We Use Your Personal Information (Data Protection)

Some data will be collected automatically by Our Site, Other data will only be collected if you voluntarily submit it and consent to us using it for the set of purposes, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

Also automatically gathered are your IP address, web browser type and version, operating system, and a list of URLs beginning with a referring site, as well as your activity on Our Site and the site you depart to (automatically collected)

Governing Law and Jurisdiction

The laws of India's Constitution shall govern and construe these Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise).

Any necessary legal provisions in your place of residency will benefit you as a consumer. Nothing infringes on or limits your consumer rights to rely on such clauses.

Any disagreement, controversy, action, or claim between you and Us pertaining to these Terms and Conditions, the Contract, or your connection with Us (whether contractual or otherwise) will be decided by the courts of New Delhi, India.

HEALTHCARE IN YOUR HAND – PLATFORM/ APP TERMS OF USE

BACKGROUND:

These Terms of Use, along with any and all other agreements referenced to herein, establish the conditions under which you may use our website and App (collectively, "Our Platform/ App"). Please take the time to go over our Terms of Service and make sure you understand them. When you use Our Platform/ App for the first time, you agree to comply with and be governed by these Terms of Use. You must immediately cease using Our Platform/ App if you do not agree to comply with and be governed by these Terms of Use. The selling of services is not covered by these Terms of Service. For further information, please see our Terms & Conditions of Sale.

Definitions and Interpretation

The following phrases have the following meanings in these Terms of Use, unless the context necessitates otherwise:

“HCH”     Healthcare in your hand

“Account”          indicates a User's account, which is necessary to access and/or utilise specific portions of Our Platform/App.;

“Content”          means any and all text, photos, music, video, scripts, code, software, databases, and other material capable of being stored on a computer that appears on, or is a part of, Our Platform/ App;

“User”   means a user of Our Platform/ App.

“We/Us/Our/ My”        Means Healthcare in your hand, Trading As: www.healthcareinyourhand.com (a business).

Information About Us

Healthcare in your hand private Limited, trading as www.healthcareinyourhand.com, is a company registered under the Indian Companies Act, 1956, with registered office at Hitows Healthcare Pvt. Ltd., FF-14, First Floor, TDI Centre, Jasola District, Jasola, New Delhi: 110025, India.

·         Our main trading address is the same and via its website and App located at www.healthcareinyourhand.com

·         We are promoters of information and medical records sharing App.

·         Our Platform/ App are intended for the use by persons aged over 14 years.

·         Access to Our Platform/ App & App

·         Access to and purchasing through Our Platform/ App is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Platform/ App.

Our Platform/App is supplied on a "as is" and "as available" basis. We have the right to change, suspend, or terminate Our Platform/ App (or any portion of it) at any time and without prior notice. If Our Platform/ App (or any part of it) is unavailable at any time or for any period, we will not be liable to you in any manner.

Intellectual Property Rights

Except for User Content, all Content on Our Platform/ App, as well as the copyright and other intellectual property rights associated with that Content, belongs to us or has been licenced by us, unless otherwise stated. The applicable Indian and international intellectual property laws and treaties safeguard all content (including User Content).

Unless we grant you specific written permission, you may not duplicate, copy, distribute, sell, rent, sub-license, store, or use Content from Our Platform/ App in any other way.

You may:

Access, view and use Our Platform/ App in a web browser (including any web browsing capability built into other types of software or app);

Download Our Platform/ App(or any part of it) for caching;

Print one copy of any page(s) from Our Platform/ App/App;

Download extracts from pages on Our Platform/ App/App; and

Save pages from Our Platform/ App for later and/or offline viewing.

It is always necessary to acknowledge our status as the owner and author of the Content on Our Platform/ App (or that of designated licensors, as appropriate).

You must first obtain a licence from Us (or our licensors, as applicable) to re-use any Content printed, stored, or downloaded from Our Platform/ App for commercial purposes. This does not preclude commercial or consumer users from accessing, viewing, and using Our Platform/ App as usual.

Links to Our Platform/ App & Content Submission

You may link to Our Platform/ App provided that:

-          you do so in a fair and legal manner;

-          You do not do so in a way that implies any kind of affiliation, support, or approval from Us when none exists;

-          you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

Without Our express written consent, you may not utilise any of the logos or trademarks displayed on Our Platform/App; and

Without our express written consent, you may not utilise any of the logos or trademarks displayed on Our Platform/App. 

Without Our prior written permission, framing or embedding of Our Platform/App on other websites or Apps is not authorised.

You may not link to Our Platform/ App from any other Platform/ App the main content of which contains material that:

is sexually explicit; is obscene, intentionally offensive, hateful, or otherwise inflammatory; promotes violence; promotes or assists in any form of illegal activity; discriminates against, or is in any way defamatory of, any person, group, or class of people, race, gender, religion, nationality, disability, sexual orientation, or age; is blasphemous to religion; threatens, harasses, annoys, alarms, inconveniences, upsets, or embarrasses another individual; is designed to mislead another person or is otherwise likely to deceive another person; is intended to infringe (or threaten to infringe) on another person's privacy;

impersonates someone or otherwise misrepresents a person's identity or connection in a deceptive manner;

implies any form of affiliation with Us where none exists;

infringes on, or assists in the infringement of, another party's intellectual property rights (including, but not limited to, copyright, trademarks, and database rights); or is made in violation of any legal duty owed to a third party, including, but not limited to, contractual and confidence duties.

Links to Other Platform/ Apps

Unless otherwise noted, links to other Platforms/ Apps may be featured on Our Platform/ App. These Platforms/ Apps are not under our control. We do not assume or accept any duty or responsibility for the content of third-party Platforms/Apps. The presence of a link to another Platform/ App on Our Platform/ App is for informational purposes only and does not mean that the Platform/ Apps themselves or those in charge of them are endorsed. Any third-party Platform/ Apps we connect to may have different Terms of Service and Privacy/ Cookies Policies than ours, so please read them carefully.

Liability and Disclaimers

We offer advice on items that are comparable to others in related industry. Nothing on Our Platform/App, on the other hand, provides genuine counsel on which you should depend. It is supplied solely for educational reasons. If you are unclear if our Services or Products fulfil your needs, you should always seek professional or specialised advice before acting on any information provided on Our Platform/ App.

We make no representation, warranty, or guarantee that Our Platform/ App will fulfil your expectations, that it will not infringe on third-party rights, that it will be compatible with all software and hardware, or that it will be secure, to the extent permitted by law.

We make reasonable attempts to guarantee that the content on Our Platform/ App is accurate, comprehensive, and current. We do not, however, offer any express or implied representations, warranties, or guarantees that the Content is comprehensive, accurate, or up to date. Please keep in mind that this exemption does not apply to particular product description information available on Our Platform/ App. For further information, please see our Terms & Conditions of Sale.

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Platform/ App or the use of or reliance upon any Content (including User Content) included on Our Platform/ App.

We hereby exclude any implied conditions, guarantees, representations, or other agreements that may apply to Our Platform/ App or Content if you are a business user. We are not responsible for any lost earnings, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of expected savings; business disruption; or any other indirect or consequential loss or damage.

We do not assume or accept any responsibility or liability for any disruption or non-availability of Our Platform/ App caused by external factors such as ISP equipment failure, host equipment failure, communications network failure, natural catastrophes, acts of war, or legislative limitations and censorship.

Nothing in these Terms of Use limits or excludes our responsibility for fraud or fraudulent misrepresentation, death or bodily injury caused by negligence, or any other type of liability that cannot be limited or eliminated by law.

The limits of responsibility apply solely to the use of Our Platform/ App and not to the sale of Products, which is regulated by Our Terms and Conditions of Sale separately.

Viruses, Malware and Security

We utilise every reasonable effort to guarantee that Our Platform/App is safe and free of viruses and other malware.

You shall not intentionally introduce viruses, malware, or any other malicious or technologically harmful material to or via Our Platform/ App.

You are responsible for preventing viruses, malware, and other internet security threats from infecting your hardware, software, data, and other materials.

You may not use a denial-of-service attack, a distributed denial of service attack, or any other method to attack Our Platform/ App.

You shall not try to gain unauthorised access to any portion of Our Platform/ App, the server where Our Platform/ App are housed, or any other server, computer, or database connected to Our Platform/ App.

Any such breaches will be reported to the appropriate law enforcement agencies, and we will fully comply with them by exposing your identification. In the case of a breach, your permission to use Our Platform/App will be immediately terminated.

Acceptable Usage Policy

You may only use Our Platform/ App in ways that are legal and in accordance with our terms. Specifically:

-          You must guarantee that all local, national, and international laws and/or regulations are followed to the letter;

-          You shall not use Our Platform/App in any way or for any fraudulent or illegal purpose.

-          You shall not deliberately email, upload, or otherwise communicate data that includes any type of virus or other malware, or any other code designed to harm computer hardware, software, or data of any sort using Our Platform/ App; and

-          You may not use Our Platform/ App in any way or for any purpose that is intended to cause harm to any person or individuals.

You must not publish, transmit, or otherwise do anything while submitting User Content (or communicating in any other manner using Our Platform/ App) that:

is sexually explicit; is obscene, deliberately offensive, blasphemous, hateful, or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is defamatory of, any person, group, or class of persons, race, gender (or no gender as self-identified), nationality, disability, sexual orientation, or age; is meant or likely to threaten, harass, offend, alarm, inconvenience, upset, or embarrass another person; is calculated or otherwise likely to deceive another person; is intended or likely to breach (or threaten to infringe) another person's privacy;

misleadingly impersonates someone or otherwise misrepresents a person's identity or connection in a way that is intended to deceive;

implies any form of affiliation with Us where none exists;

infringes on another party's intellectual property rights (including, but not limited to, copyright, trademarks, and database rights) or facilitates in the violation of such rights; or

is created in violation of any legal obligation due to a third party, including, but not limited to, contractual obligations and confidentiality obligations.

If you substantially infringe the requirements of these Terms of Use, we have the right to suspend or cancel your use to Our Platform/ App. We may, for example, take one or more of the following steps:

·      suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform/ App;

·      issue you with a written warning;

·      delete any User Content that you have posted that is in violation of this Acceptable Usage Policy;

·      pursue legal action against you if necessary;

·      take legal action against you for recovery of any and all expenses incurred as a result of your violation on an indemnity basis;

As needed or as we believe reasonable, provide such information to law enforcement authorities; and/or take any other steps we deem reasonable (and lawful).

We explicitly disclaim any and all liability arising from any measures we may take in response to violations of these Terms of Use (including, but not limited to, those listed above).

Changes to these Terms of Use

We reserve the right to change these Terms of Service at any time. Any such modifications shall bind you upon your first usage of Our Platform/ App following the implementation of the changes. As a result, you should revisit this page from time to time.

If there is a discrepancy between the current version of these Terms of Use and any earlier version(s), the current and in effect provisions will take precedence unless otherwise noted.

Contacting Us

Please send us an email at info@healthcareinyourhand.com or use one of the options listed on our Contact Us page to get in touch with us.

Communications from Us

If we have your contact information (for example, if you have an Account), we may send you essential notifications by email from time to time. Our notices may include, but are not limited to, service changes, changes to these Terms of Use, changes to Our Terms of Sale, and changes to your Account.

We will never send you marketing emails without your explicit permission. You can withdraw your consent at any moment if you provide it. We offer an unsubscribe link in all marketing emails we send. It may take up to 14 business days for us to comply with your request if you opt out of getting emails from us at any time. You may continue to get emails from us throughout that period.

For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us by email shown above or using our Contact us page.

Law and Jurisdiction

These Terms of Use, as well as any contractual or other relationship between you and us, will be governed by and construed in accordance with Indian Constitutional Laws.

If you are a Consumer, any disputes arising out of or in connection with these Terms of Use, our relationship with you, or other matters arising out of or in connection with it (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of New Delhi, India.

If you are a company, any disputes arising from or related to these Terms of Use, our relationship with you, or any matters emerging from or linked with it (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of New Delhi India.

Privacy policy

www.healthcareinyourhand.com- Privacy cookies and data handling policy

BACKGROUND:

We understand that your privacy is important to you, and that you are concerned about how your personal information is handled. We respect and protect the privacy of everyone who uses www.healthcareinyourhand.com (Our Platform/ App), and will only collect and use personal data in the methods indicated below, in accordance with our legal requirements and your rights.

Please take the time to read this Privacy Policy and make sure you understand it. When you first use Our Platform/App, you will be asked to agree our Privacy Policy.

1. Definitions and Interpretation

The following terms have the following definitions in this Policy: "Account" refers to a user account required to access and/or use certain areas and features of Our App;

"Cookie" refers to a small text file placed on your computer or device by Our App when you visit certain parts of Our App and/or use certain features of Our App.

Information about Us

"Account" refers to a user account necessary to access and/or use certain sections and features of Our App; "Cookie" refers to a tiny text file stored on your computer or device by Our App when you visit certain parts of Our App and/or use certain features of Our App.

1. What Does This Policy Cover?

This Privacy Statement solely relates to your usage of Our App. Links to additional Platforms/Apps may be found in our App. Please be aware that we have no control over how other Platforms/ Apps gather, retain, or utilise your data, and we recommend that you review their privacy policies before sending any data to them.

How Do We Use Your Data?

1.        All personal data is securely stored in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) and the Information Technology (Reasonable security practises and procedures and sensitive personal data or information) Rules, 2011 ("Data Protection Rules"), which are notified under the Information Technology Act, 2000 ("IT Act").

2.        We use your data to provide the best possible products and services to you. This includes:

·            Providing and managing your Account

·            Providing and managing your access to Our Site

·            Personalising and tailoring Our products and services for you

·            Personalising and tailoring your experience on Our Site

·            Supplying you with email of newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time via online web-forms

·            Supplying Our products and services to you

·            Responding to communications from you

·            Market research

·            Analysing your use of Our Site [and gathering feedback] to enable us to enhance Our Site and your user experience on a continuous basis

In certain situations, data collecting is a legal or contractual necessity, and we will be limited in the products and services we can provide you unless you give us permission to use your data.

We may use your data for marketing purposes with your consent or where authorised by law, which may include contacting you through email, phone, text message, and post with information, news, and offers about Our products and services. However, We will not send you any unsolicited marketing or spam, and We will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011, and 2015.

Advertisers whose content appears on Our Site may use "behavioural advertising," which is advertising that is targeted to your preferences and based on your activities. Cookies are used to track your activities. By altering your web browser's privacy settings, you may manage and limit how your data is used in this way. Please keep in mind that We have no control over the activity of such advertisers, nor do we have any control over the information they collect and utilise. Limiting the use of your data in this way will not stop advertising from appearing on Our Site, but it will become less relevant to your interests and activities.

Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

a) you have given your consent to the processing of your personal data for one or more specific purposes;

b) processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract;

c) processing is necessary for compliance with a legal obligation to which we are subject;

d) processing is necessary to protect your vital interests or the vital interests of another natural person; e) processing is necessary to comply with a legal obligation to which we are

f) Processing is essential for the purposes of our or a third party's legitimate interests, unless such interests are outweighed by the data subject's basic rights and freedoms, which include the protection of personal data, particularly if the data subject is a child.

For a complete description of Our collection, processing, storage, and retention of personal data, including but not limited to the purpose(s) for which personal data is used, the legal basis or bases for using it, information about your rights and how to exercise them, and personal data sharing, please visit our website (where applicable).

How and Where Do We Store Your Data?

We will not store personal data for any longer than is required, but we understand that this will be depending on the various types of documents and data for which we are responsible in order to utilise it as mentioned above, and/or for as long as you have given us permission to keep it. As a result, we keep our general data until the user expressly requests that it be deleted. In any case, we'll do an annual assessment to see if we need to maintain your information. If we no longer require your data, we will erase it in line with our Data Retention Policy.

The safeguards used are:

·      Data is securely exchanged using SSL encryption

·      Data is securely kept on Data-at-Rest encrypted MySql Database Servers in the United States.

·      We place a high value on data security, therefore we've put in place appropriate physical, technological, and organisational systems to safeguard and secure data collected via Our Site.

Steps We take to secure and protect your data include:

·           Data is securely exchanged using SSL encryption.

·           Data is securely kept on Data-at-Rest encrypted MySql Database Servers in the United States.

·           Regardless of the security steps We take, it is important to note that data transfer over the internet is not always safe, and you should take appropriate precautions while sending data to us over the internet.

Do We Share Your Data?

Your information may be shared with other companies in Our group. Our subsidiaries, as well as Our parent company and its subsidiaries, are included.

We may enter into agreements with third parties to provide you with products and services on Our behalf. Payment processing, delivery of goods, search engine services, advertising, and marketing are just a few examples. Third parties may need access to any or all of your data in some instances. We will take all reasonable means to ensure that your data is treated safely, securely, and in line with your rights, Our duties, and the requirements of the third party under the law if any of your data is necessary for such a purpose.

We may accumulate statistics on how people use Our Site, such as traffic patterns, user numbers, sales, and other data. All of this information will be anonymized and will not include any personally identifiable information. We may share such information with other parties on occasion, such as potential investors, affiliates, partners, and advertisements. Data will be shared and used solely in accordance with the law.

We may be legally obligated to share some data we hold, which may include your personal information, in certain instances, such as when We are involved in legal proceedings, or when We are complying with the requirements of legislation, a court order, or a governmental body. We do not need any further permission from you to disclose your data in these instances, and we will comply with any legally enforceable request made of us.

What Happens If Our Business Changes Hands?

We may grow or shrink Our business from time to time, which may include the sale and/or transfer of ownership of all or part of Our business. When data provided by users is relevant to any part of Our business that is transferred, it will be transferred along with that part, and the new owner or newly controlling party will be permitted to use the data for the purposes for which it was originally collected by us, under the terms of this Privacy Policy.

In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.

How Can You Control Your Data?

You may be offered alternatives to limit Our use of your data when you submit information through Our Site. We seek to provide you substantial controls over Our use of your data, including the possibility to opt-out of receiving emails from us via the links provided in Our emails.

You could also choose to join one or more of Your Country's preference services, such as the Telephone Preference Service ("the TPS"), the Corporate Telephone Preference Service ("the CTPS"), or the Mailing Preference Service ("the MPS").These may assist you in avoiding unwanted marketing. Please keep in mind that these services will not stop you from getting marketing emails if you have given your consent.

Your Right to Withhold and Withdraw Information

Certain portions of Our Site can be accessed without giving any information at all. However, in order to access all of Our Site's features and services, you may be necessary to submit or accept the gathering of certain data.

Cookies can be disabled in your internet browser.

You have the right to withdraw your consent for us to use your personal data at any time by contacting us, and We will remove your information from our servers. You recognise, however, that this may restrict Our ability to offer you with the best available products and services.

How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by us. Please contact Us for more details at info@healthcareinyourhand.com.

Cookies Policy

On your computer or device, our Site may set and access some first-party Cookies. Cookies that are put directly by us and are solely used by us are known as first-party cookies. We use cookies to make your visit to Our Site easier and more enjoyable, as well as to deliver and enhance Our products and services. We carefully selected these Cookies and took efforts to ensure that your privacy is always secured and respected.

You may also obtain third-party Cookies on your computer or device if you use Our Site. Cookies placed by websites, services, and/or parties other than us are known as third-party cookies. On Our Site, we employ third-party cookies for advertising purposes.These Cookies are not integral to the functioning of Our Site.

All Cookies used by and on Our Site are used in accordance with current Indian Cookie Law.

A message bar will appear before any Cookies are stored on your computer or device, seeking your approval to set such Cookies. By agreeing to the placement of Cookies, you are allowing us to offer you with the best possible experience and service. You have the option to refuse permission to the installation of Cookies; however, some parts of Our Site may not perform properly or as intended if you do so. You'll have the option of allowing just first-party cookies and blocking third-party cookies.

Cookies are required for the operation of several elements on Our Site. According to India's Cookie Law, these Cookies are "strictly required." To set these Cookies, you will not be asked for your permission. You may still disable these Cookies by changing the settings in your internet browser, but please keep in mind that Our Site may not function properly if you do so. By accepting them, we have taken great effort to guarantee that your privacy is not jeopardised.

Google Analytics, Kissmetrics, Flurry, and Firebase are some of the analytics providers we utilise on our site.Website analytics is a term that refers to a set of technologies that are used to gather and analyse use information to help us better understand how people use Our Site. As a result, we are able to improve Our Site and the products and services available via it. You are not required to allow us to use these Cookies, as described below; nevertheless, although their usage does not jeopardise your privacy or your ability to use Our Site safely, it does allow us to continuously improve Our Site, making it a better and more helpful experience for you.

Cookies are used by Our Site's analytics service(s) to collect the essential information. Certain of these Cookies may be put without your consent when you first visit Our Site, and we may not be able to gain your consent in advance. You can delete these Cookies and prevent their usage in the future.

In your internet browser, you may activate or disable cookies. You may also choose whether you want to deactivate all cookies or just third-party cookies in most web browsers. Most internet browsers allow cookies by default, however this may be adjusted. Please go to your browser's help menu or the documentation that came with your device for further information.

You can remove Cookies at any time; however, you will lose any information that allows you to access Our Site more quickly and effectively, such as login and personalization preferences.

If you are unsure about modifying your privacy settings, it is advised that you keep your internet browser and operating system up to date and follow the assistance and guidance offered by the developer of your internet browser and the manufacturer of your computer or device.

Automated Decision-Making and Profiling

If We use personal data for automated decision-making and those choices have a legal (or similarly substantial) impact on You, You have the right under GDPR to dispute those decisions by asking human involvement, expressing their own point of view, and seeking an explanation from us.

In the following situations, the GDPS-defined right does not apply:

a) The decision is required to enter or fulfil a contract between You and Us;

b) The decision is authorised by law; or

c) You have given your explicit approval.

Where We use your personal data for profiling purposes, the following shall apply:

a) Clear information about profiling will be provided, including its significance and likely consequences;

b) Appropriate mathematical or statistical procedures will be used;

c) Technical and organisational measures necessary to reduce the risk of errors and make such errors easily correctable will be implemented; and

d) All personal data processed for profiling purposes will be secured to prevent discriminatory effects.

We currently make the following automated decisions:
To send newsletters and internal campaign emails

Other Important Terms

We may assign (transfer) our duties and rights under these Terms and Conditions (including, where applicable, the Contract) to a third party (this may happen, for example, if we sell our business). We will notify you in writing if this happens. Your rights under these Terms and Conditions will not be impaired, and our duties will be transferred to a third party who will continue to be bound by them.

Without Our express written consent, you may not transfer (assign) your duties and rights under these Terms and Conditions.

The Contract is a legal agreement between you and us. It is not intended to benefit any other person or party in any manner, and no such person or party will have the authority to enforce any of these Terms and Conditions.

If any term of these Terms and Conditions is declared by a court or other authority to be illegal, invalid, or otherwise unenforceable, that / those provision(s) will be severed from the remainder of these Terms and Conditions. The remaining provisions of these Terms and Conditions will continue in effect.

No failure or delay on Our part in exercising any of Our rights under these Terms and Conditions constitutes a waiver of such right, and no waiver by Us of a violation of these Terms and Conditions constitutes a waiver of any subsequent breach of the same or any other provision.

Communication and Contact Details

If you wish to contact Us, you may do so by telephone at 011-41078039 or by email atinfo@healthcareinyourhand.com

In certain circumstances you must contact us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services).  When contacting Us in writing you may use the following methods:

Contact Us by email at [info@healthcareinyourhand.com]; orContact Us by pre-paid post at Our Head Office Address.

Complaints and Feedback

We always appreciate comments from our users, and while we make every effort to ensure that your experience as a client of ours is pleasant, we still want to hear from you if you have a reason to complain.

Please keep in mind that any discontent or complaint you have with a specific Service Provider is strictly between you and them. www.healthcareinyourhand.com cannot and will not be a party to any claims or complaints filed against that Service Provider.

All complaints about our service or transactions with Our App/website are handled according to our complaints handling policy and process, which may be obtained at our Head Office address.

Please contact Us in one of the following ways if you have a complaint about any element of your interactions with Us, including but not limited to these Terms and Conditions, the Contract, or Our Services (but not the individual or specific Service Providers utilising Our App/website):

In writing, addressed to The Customer Care Manager at Our Head Office address (Hitows Healthcare Pvt. Ltd., FF-14, First Floor, TDI Centre, Jasola District Jasola, New Delhi: 110025, India.);

By email, addressed to The Customer Care Manager using info@healthcareinyourhand.com.

Changes to this Privacy Policy.