- Eligibility. The User confirms that he is above the age of 18 years and competent to contract under the Indian Contract Act, 1872. The Website/Application is not intended for Users below the age of 18 years, except under parental control/supervision.
- Use of the Website. Certain sections of this Website are intended for particular user group including, patients, customers, medical practitioners, diagnostic centers, pharmacies, business partners, job seekers, and various other stakeholders (collectively “Stakeholders”). Certain value added services of the Website may be available to be used only by a defined category of Users based on the subscription plan chosen by them. Any content, material or Services provided on the Website or through Application should not be used for any form of comparative benchmarking, ranking or survey to be conducted by any third party.
- Copyright and Trademark. Xprs health does not make any claims or representations regarding the accuracy, currency or completeness of the data and information available on the Website. All information, data, text, images, videos, web layout, source code and object code of the software used for or in relation to the Website (“Content”) is the exclusive copyright of Xprs health under the Indian Copyright Act, 1957, depicted as “© Health Tech Global Solutions Private Limited. All rights reserved.” Distribution or replication of any Content for commercial purposes is strictly prohibited.
- Guest Links. Xprs health disclaims any responsibility for any harm resulting from a User’s access or use of any third party’s websites (the “Guest Links”) and any information, functionality, or content accessed through such Guest Links. Reference to such links on the Website does not imply any endorsement or recommendation of such third party’s websites by or on behalf of Xprs health. The Users are responsible for taking the necessary precautions to protect themselves and their computer from viruses, bugs, and other harmful or destructive content that may be accessible through such Guest Links.
- Health Related Information. The Website may contain general information relating to various medical conditions, health related information, such as diseases, their cause, probable symptoms, preventive measures, their treatment, etc. which should not: (a) be relied upon as medical advice or as a substitute for a qualified medical practitioner’s advice; (b) be used for diagnosing a health or fitness problem or disease, self-medication or acting on (or refraining from making) any decision based on such information, without seeking professional advice from a qualified medical practitioner. None of such information on the Website should be construed as any form of solicitation or advertisement on part of Xprs health or any of the Stakeholders registered with the Website. Further, these tools on the Website are intended for educational and informational purposes only.
- Sharing Content and Information.
- The Website/Application allows its Users to share and exchange ePHR solely on their individual discretion and Xprs health shall have no right to access or make changes to the same unless specifically authorized by the User for the purpose of (a) converting the same into standard format; (b) profiling of the patient; (c) trending analysis, or (d) other such value added services offered by Xprs health.
- Users hereby agree that they will be solely responsible for updating their ePHR and PII on the Website and following up with the concerned service provider from time to time and Xprs health shall not be liable for any deficiency in services, modification or tampering of ePHR, loss of information, breach of confidentiality or privacy, errors in the reporting or receipt of such ePHR, where such acts are solely attributable to the User or the acts/omissions of the concerned Stakeholder chosen by the User.
- Users hereby agree that they will be solely responsible for- (a) verifying the credentials of any particular service provider listed on the website; (b) availing services from them, (c) sharing and exchanging their ePHR with such service provider, and (d) any consequence arising therefrom. Users agree that Xprs health shall merely act as a facilitator to bring various Stakeholders and customer/patients at a common platform and makes no guarantees as to the validity, accuracy or legal status of any ePHR shared or exchanged through the Website.
- The Users hereby affirm, represent and/or warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Xprs health to use all the proprietary rights in and to PII/ ePHR to enable inclusion and use of such PII and ePHR for maintenance of the Website and providing certain value added services on demand respectively.
- Users own all the proprietary rights in the ePHR that they may upload on or share through the Website/Application. Xprs health does not claim any ownership rights in the User’s ePHR provided such ePHR may be used by Xprs health to create further derivate work for providing certain value added services upon demand by the User.
- Users hereby grant Xprs health, during the course of their usage, a nonexclusive, irrevocable, perpetual, unlimited, worldwide, royalty-free, transferable, sub licensable and fully paid-up right and license to copy, use, access, store, cache, process, analyze, reproduce, distribute, prepare derivative works from PII. Users further grant Xprs health, during the course of this engagement, a non-exclusive, irrevocable, perpetual, royalty-free right and license to use and display its trademarks, logos, trade names, service marks on the Website for maintaining a directory or for promotional purposes.
- Users further agree that they will not submit any ePHR that may be subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have the permission from their rightful owner to share such ePHR.
- Patients, at their sole discretion, shall choose any Stakeholders for the respective services they wish to avail, from the directory of Stakeholders updated in the Website in spite of receiving certain recommendations or references from the Website or Application.
- Restrictions on Use.
- Users will not avail the Services of the Website in any manner which may be in violation of any applicable laws or against privacy or personal rights of others. Furthermore, Users will not comment or post any remark on the Website of Xprs health which may be defamatory, libelous, obscene, threatening, abusive or offensive to other Users or may be false, misleading or harassing to another person. .
- Users are also prohibited from violating or attempting to violate the security of the Website and its Application, including, without limitation, the following:
- accessing data not intended for such Users or logging into a server or account which the User is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with Services to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “hacking” or “crashing”; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Further, violations of system or network security may result in civil or criminal liability.
- In addition to the above, the Users will not:
- modify, adapt, translate, or reverse engineer any software integrated into the Website or otherwise to enable the Services provided on the Website or any of its feature and Application;
- remove any copyright, trademark or other proprietary rights notices contained in the Application;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or for crawling the Application and scraping content or to circumvent the technological methods adopted by the Application to prevent such prohibited use;
- reformat or frame any portion of the pages that are part of the Website or its Application;
- create User accounts by automated means or under false or fraudulent pretensions;
- create or transmit unwanted electronic communications such as “spam” to other Users of the Services or otherwise interfere with other User’s enjoyment of the Services;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Xprs health;
- transmit any viruses, worms, defects, Trojan horse, adware, spyware, scareware, or other items/malware of destructive nature;
- use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;
- take any action that imposes, or may impose, in Xprs health’s sole discretion, an unreasonable or disproportionately large load on Xprs health’s IT infrastructure;
- create and manage more than one account of himself/herself on the Application at any given time;
- use the Services to transmit, distribute, post, or submit any unauthorized information concerning any other person or entity, including without limitation photographs, medical information, scan reports, personal contact information, or numbers of credit, debit, or calling cards or accounts; or
- Remedies for Breach.
- The Xprs health shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.
- The Users acknowledge that in no event shall Xprs health be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress and any other damages resulting from communications with other Users of the Services or persons the User interacts with through the Services.
- Username and Password.
- Xprs health acknowledges that it employs industry standard security protocol to ensure that the information which Users store in, transmit or transfer through the Website/Application is protected. The Website/Application is hosted on a secure server. Access to such data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by acceptable industry standards for data security. However, Xprs health shall not be held responsible for the loss of any ePHR that may be transmitted through the Website/ Application due to any technical issues, beyond the reasonable control of Xprs health.
- Intellectual Property.
- The Website and all the information, images, logos, trade names, domain names, service marks and other materials on this Website, including the look and feel of the Website (collectively “Web Content”), are the exclusive intellectual property of Xprs health and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of Web Content, without express and written approval of Xprs health shall be deemed as violation of the intellectual property rights of Xprs health.
- Permission from Xprs health is required to use Xprs health’s name, logo or domain names as part of any project, product, service, domain or company name in any manner that is likely to give the impression or otherwise imply an affiliation or association between the User, their products or services, and Xprs health.
- Xprs health respects the intellectual property rights of others (the “Claimant”) whose work might, allegedly, be infringed by Xprs health. If the Claimant believes that any material on the Website infringes upon their copyright or trademark, they may notify Xprs health through an email at email@example.com and Xprs health shall make all reasonable efforts to address the same.
- Disclaimer & Warranties.
- The Website may have technical inaccuracies, typographical mistakes, and other inadvertent errors. Xprs health hereby disclaims any liability or responsibility for any harm resulting from the use or access of this Website. The Website and all its Web Content are provided on “AS IS” basis to the fullest extent permitted by laws as applicable in India. Xprs health does not warrant that the Website or the Web Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to the User’s computer, network, or any mobile device. Xprs health hereby expressly disclaims all warranties of any kind whatsoever, without limitation, any warranty as to merchantability, quiet enjoyment, or non-infringement. No information, whether oral or written, obtained by the User from the Website or at or through the Website shall create any warranty not expressly or impliedly made herein. Xprs health hereby expressly declares that it makes no representations or warranties that the Website is appropriate or available for use in all geographical locations. The use of the Website is intended only for Users in India, including patients, doctors of Indian origin, diagnostic centers and pharmacists based out of India and the Services provided on the Website or through Application are strictly limited to the territorial boundaries of India.
- Xprs health is not responsible for the actions, Content, information, or data of third parties, and the User releases Xprs health, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the User has against any such third parties.
- Xprs health is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to Users or Users’ information and Submissions or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the Services. Xprs health will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond reasonable control of the Xprs health, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.
- Xprs health shall not be liable for any discounts or offers that may be provided by any of the Stakeholders on the Website or otherwise in relation to the Services. Users may rely on such discounts, offers or representations made by any particular stakeholder at their sole risk and the Xprs health does not make any representation or warranties as to the genuineness and bona fide of such discounts and offers and consequently shall not be liable for any form of misrepresentation or deficiency in relation thereto.
- Limitation of Liability. Neither Xprs health nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Website or Web Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through the site, and (c) damages for lost profits, loss of data, or other intangibles, whether foreseeable or unforeseeable. Furthermore, Xprs health shall not be liable for any form of medical negligence, wrong medical advice or prescriptions, erroneous reporting or results in relation to any diagnostic or pathological test, x-ray report, scanning, and the like, wrong or delayed delivery of pharmaceutical products and the like. In any case, the liability of Xprs health shall be limited only to the extent a User may have paid for such Services availed through the Website and Xprs health shall not be liable to pay any consequential or equitable damages over and above such limited liability.
- If anyone brings a claim against Xprs health related to Users’ actions, content or information on the Website/Application, Users agree to indemnify and hold Xprs health harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. Xprs health is not responsible for the content or information, Users may transmit or share on or through the Website/Application, whether online or offline.
User Informed Consent
I, hereby consent to engaging the healthcare services provided by the Health Care Service Providers on or through the websites, www.xprshealth.com, www.xprshealth.co.in, www.xprshealth.in, www.xprshealth.net, www.xprshealth.info, or www.xprshealth.org (collectively, “Portal”).
By agreeing to this consent form, I am allowing my healthcare service providers to view and obtain access to my personal health records online (ePHR) and the information contained within it on the Portal, for him/her to be able to provide quality medical / clinical care to me. I understand and acknowledge that the information within my ePHR is provided to him/her through a secured web based cloud solution, which is owned and operated by Health Tech Global Solutions Pvt. Ltd. (“Xprs health”).
My Health Care Service Providers could be of the following types:-
- A Doctor or Primary Health Care Provider – for allowing him access to my ePHR in order to provide quality medical care;
- Other personnel at various points in care such as the staff of my service provider, the laboratory provider, the care provider at my pharmacy, etc. who would need to access relevant pieces of my ePHR to enable them to provide their services to me (collectively “Service Providers”); and
- Persons, who upon my consent has been authorised by Xprs health to have access to my ePHR for the purpose of (a) converting the same into standard format; (b) my profiling as a patient; (c) trending analysis, or (d) other such value added services offered by Xprs health.
I understand that there are risks and consequences which may arise out of the services to be provided on or through the Portal, including, but not limited to, the possibility, despite reasonable efforts on the part of Health Care Service Providers or Xprs health that: the transmission of my ePHR could be disrupted or distorted by technical failures or interrupted by unauthorized persons; and/or the electronic storage of my ePHR could be accessed by unauthorized persons.
I understand that I may benefit from the health services provided on the Portal, but that results cannot be guaranteed or assured.
I understand that I have a right to access my ePHR and copies of medical records in accordance with the applicable laws and I shall be solely responsible for updating and keeping the same secure from time to time.
I have read and understand the information provided above and all of my questions have been answered to my satisfaction.
Details of patient’s information to be used by Portal and consent process
- How your information will be used: Your ePHR will be used by your healthcare Service Provider only to:
- provide you with medical treatment and related services;
- check if you have health insurance and what it covers (in the event you have that information available in your ePHR), and
- evaluate and improve the quality of medical care provided to all patients.
Note: The choice you make in this Consent Form does NOT allow health insurers to have access to your information for the purpose of deciding whether to give you health insurance or pay your bills.
- What types of information about you are included: If you give consent, your healthcare Service Providers may access ALL of your ePHR available through the Portal. This includes information created before and after the date of this Consent Form. Your ePHR may include a history of illnesses or injuries you have had (like, diabetes or a broken bone, etc.), test results (like, X-rays or blood tests, etc.), and lists of medicines you have taken. Such ePHR may also relate to sensitive health conditions, including but not limited to:
- Alcohol or drug use problems
- Birth control and abortion (family planning)
- Genetic (inherited) diseases or tests
- Mental health conditions
- Sexually transmitted diseases
- Where health information about you comes from. Information about you comes only from the data that you have provided as your ePHR at the Portal. Therefore the information that you disclose is limited or is accurate to the extent you have captured in the ePHR.
- Who may access information about you, if you give consent. It is only the following persons who may have access to information about you, viz.-
- doctors and other health care Service Providers who are involved in your medical care;
- health care Service Providers who are covering or on call for this provider’s doctors;
- staff members who carry out activities permitted by your doctor;
- lab and radiology staff who are authorised to enter results pertaining to your tests;
Persons consented to you and authorised by Xprs health would be given restricted access to your ePHR for entering the data that you have uploaded (either as a scanned document or as an image) for keeping your ePHR updated.
- Improper Access to or Use of Your Information. If at any time you suspect that someone who should not have seen or gotten access to information about you has done so, please call us at the following number +(91)-7093322604 Monday to Saturday (9:30AM to 8PM). You can also feel free to email us at firstname.lastname@example.org for filing any complaint.
- Re-disclosure of Information. Your ePHR may be re-disclosed by your Service Provider to others only to the extent permitted by local, municipal, state and central laws and regulations. This is also true for health information about you that exists in a paper form. Some applicable laws provide special protections for some kinds of sensitive health information, including HIV/AIDS and drug and alcohol treatment. Their special requirements must be followed whenever people receive these kinds of sensitive health information. Xprs health and persons authorized by it to access such information available on or through the Portal must comply with these requirements.
- Effective Period. This Consent Form will remain in effect until the day you withdraw your consent or until Xprs health is no longer operational or is subjected to liquidation proceedings under applicable laws.
- Withdrawing Your Consent. You can withdraw your consent at any time by signing a Withdrawal of Consent Form and submitting the same to Xprs health through its Portal. You can also change your consent choices by signing a new Consent Form at any time.
Note: Organizations or healthcare service providers that access your health information through Xprs health while your consent is in effect, may copy or include your information in their own medical records. Even if you later decide to withdraw your consent, they are not required to return it or remove it from their records, subject to compliance with their confidentiality obligations.
- Copy of Form. You are entitled to get a copy of this Consent Form after you sign it. Alternatively, a copy of your signed Consent Form will be mailed to you at the registered mail address provided by you.
THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE WEBSITE IS AVAILABLE FOR ACCESS AND USE ON “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL XPRS HEALTH OR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROJECTS, OR LOSS OF PROFITS) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY OF ITS CONTENTS, OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE WEBSITE OR ANY SUCH CONTENTS. THE CONTENT IS OWNED BY XPRS HEALTH, ITS AFFILIATES OR THIRD PARTY LICENSORS.
Xprs health shall not be liable for maintaining and updating Personally Identifiable Information (“PII”) and Patient’s Health Records in electronic form (“ePHR”) of any particular User for any period beyond there (3) years from the date of receipt of such information and reserves the right to delete the same from its databases and server after ninety (90) days from the deactivation of account of any User. Any information provided on the Website or in relation thereto does not amount to any form or manner of advertising or publicity or direct or indirect solicitation of patients, by Xprs health, its affiliates, any physician or group of physicians, institutions or organizations associated with Xprs health or listed on its Website.
Contents of this Website are subject to change from time to time. All reasonable efforts are made to keep the Website and its content up to date. However, at no given time Xprs health guarantees that the information shall be up to date. Xprs health reserves the right to add to or change the content of this Website. Changes could be made by Xprs health after the first posting to the Website and User shall be deemed to have accepted any change if they continue to access the Website after such time. For any further clarifications, amendments, etc., User should contact the concerned person of Xprs health at the email address, email@example.com .
We, Health Tech Global Solutions Pvt. Ltd. (“Xprs health” or “We” or “Our” or “Us“) understand and acknowledge that your (“You” or “Your” or “User”) privacy is important to You. We are committed to protect the privacy of Your personally identifiable information (“PII”), and health related information, including, without limitation, name, date of birth, medical history, transcribed reports, etc. (collectively, “Electronic Patient Health Record” or “ePHR”) obtained from You at various instances while You visit Our websites, www.xprshealth.com,
www.xprshealth.co.in, www.xprshealth.in, www.xprshealth.net, www.xprshealth.info, or www.xprshealth.org (each individually as “Website” and collectively as “Websites”) or Our mobile software application (“App” or “Application”) or access any interactive features, audios, videos, text, graphic, script, applications, software, data feeds, services or any products provided to You on, from, or through the Website or App (collectively “Services” or “Content“).
By visiting the Website and using the App, the User hereby acknowledges and expressly consents to the collection, use and storage of the User’s PII and ePHR by Xprs health in the manner described in this Policy and/or elsewhere on the Website. In addition, the User also agrees to be bound by the terms and conditions of this Policy while using or accessing the Application. If the User does not agree with the terms of the Policy, he/ she shall not access or use the Website/Application.
- INFORMATION COLLECTED FROM THE USER
- The Website/Apps collects certain PII and ePHR when a User makes a contact through the Website or App or provides any health related information or comments in electronic form. The Website may also track information provided online to provide the Services that a User requests or through any other media available on the Website, for the purposes of public announcements and messages about the Services and products offered by it or in which a User may be interested. Such PII collected may consist of information that a User provides, including, without limitation, name, age, sex, mailing address, e-mail address, telephone number, occupation, preferences, health report, medical information, records, reports, scans, prescriptions etc.
- PII and ePHR may also be collected from information that a User may choose to share with a particular service provider or provide publicly as comments, feedback or reviews through the Website/Application..
- The Website and App also collect certain technical information, including, inter alia, log data, analytics code, etc. that the User do not visibly enter and which are automatically collected during the User’s access or use of the Website or App, such as, IP address, version and identification number of the device, browser type, browser language, the date and time of the User’s request, User’s profiles, websites visited by the User, search terms used, User’s mobile carrier and location data, among others. This may also include information regarding how a User interacts with any hyperlinks across the Services, including through any profiles or websites the Users visit, any email notifications that the Website sends to the User directly or through any buttons or widgets on third party’s websites. The analytics code embedded on the Website provides periodic updates to the Website on who is using the Website, activities being performed, device being used and location information. Such technical information collected is not associated with any PII or ePHR and is only tagged to the unique identifier for a particular device. Similarly, any advertisement embedded on the Website may use the advertising code to track the usage of the Website/Application and display relevant advertisements.
- The Website/Application may also collect anonymous data that is not associated with or linked to User’s personal data (“Anonymous Data”) and which, by itself, does not permit the identification of an individual User. Such data includes unique but anonymous profiles of the Users. The Website collects one or more unique identifiers of the device where the Application is installed. The Website may store this unique identifier and create a profile for the User. This is only maintained to provide updates of the Application to the User.
- We use the secure payment gateway to process Your payments. We do not receive any details of Your credit card, debit card or net-banking account.
- A cookie is the information that a Website/ App puts on Your system through the browser so that it can remember something about you at a later time. Typically, Cookies contain information that identifies each User, for example: login or username, passwords, automatically “serves up” the cookie, which establishes the user’s identity, thus eliminating the need for the User to re-enter the information time and again.
- USE OF PII COLLECTED
- The Application may use PII and other information collected from the User for any of the following purposes-
- to effectively provide the Services to the Users;
- to better understand how Users access and use the Application, on an aggregated and individual basis, for the purposes of improving the features and functionality of the Website/Application and to respond to the various requests and preferences, including language and location customization, personalized help and instructions, or other responses to the use of the Website;
- for the purposes of software verification or administering software upgrades;
- to allow the User to participate in surveys regarding the Website and Services;
- to maintain the quality of the Services and the Application, and provide general statistics regarding their use;
- to deliver products and Services, including newsletters and email notifications, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages that the User may request;
- archival or backup purposes;
- to send SMS text alerts to the User on their registered mobile number about the products and Services including new Services, special offers, regular appointment with doctors, diagnostic test reports, supply of medicines, promotions, updated information and other such new, updated and health related services that may be offered by Xprs health or its selected partners, including, inter alia, pharmacist, chemists, medical practitioners, diagnostic centres.
- to allow access to exclusive features or functionality of the Website; and
- to launch and/or open other applications installed on the User’s device based on functionality of the Application.
- To the extent practicable, Xprs health shall treat all PII and ePHR of a User as strictly private and confidential. Access to all ePHR that may be collected by Xprs health through the Website/Application in any form, shall be restricted only to the User unless the User specifically authorizes Xprs health to use such ePHR for- (a) converting ePHR into standard format; (b) profiling of the PI; (c) trending analysis, or (d) other such value-added services offered by Xprs health.
- Subject to Clause 2.2 above, all the non-personally identifiable information, including, without limitation, statistical data may be provided to other parties for marketing, advertising, research or other similar purposes to the extent permissible under the laws applicable in the territorial boundaries of India.
- REGISTRATION AND SUBSCRIPTION FOR NEWSLETTER AND ALERT
By signing up on Our Website or the App You agree to receive on occasions any newsletter, alerts, notification and other correspondence from Us or Our agents. You may be contacted by email or otherwise only by Our agents. It is mandatory for You to provide Your e-mail address and such other information as may be indicated as ‘required field’ or ‘asterisk’ (*) during the registration process and keep the same updated from time to time. We will send an e-mail to the e-mail address provided by you to confirm Your registration. In addition, we may contact you regarding Your account status. Your e-mail address will not be shared with any third party other than Our authorized agents who have agreed to send e-mails on Our behalf and adhere to the same level of information security and confidentiality as agreed hereunder by Us.
- DISCLOSURE OF PERSONAL INFORMATION
- Except in the circumstances described hereunder and elsewhere in this Policy, Xprs health will not rent, sell, or share Your PII collected from the User with other people or non-affiliated companies without Your consent. These circumstances are:
- disclosure to doctors or medical practitioners for the purpose of referrals, recommendations, rendering medical advice/expert opinion, suggesting diagnostic centres and pharmacists;
- when demanded by medical or life insurance companies/agencies, whether private or nationalized, in accordance with applicable laws;
- disclosure which may be required under any specific legislation, such as Epidemic Diseases Act, 1897, or other applicable laws, Court’s order, State’s administrative directions, or for the purpose of communicable disease investigations, preventing HIV infections, vaccination studies and other such compelling public interest which can supersede the right to privacy.
- sharing with third party vendors, suppliers, diagnostic centres, pharmacists, chemists, consultants and other service providers who work for or in connection with the Services provided by the Website and need access to certain PII to perform their obligations such as, serving ads, providing web analytics, customer support, regular health updates and reminders, processing payments, and storing data, among others. Any such third-party vendors receiving PII of the Users would be required to maintain the confidentiality of the information so received;
- to protect the rights and property, whether tangible or intangible, including without limitation, intellectual property, or to ensure the personal safety of Website, the Users or public at large.
- The Website may also share aggregated or anonymous information, in a form that does not directly identify the User, with any third parties. Further, if the User decides to share Website related information with any social networking sites (“SNS”), the Website may share the information based on what the User entered and decided to publish.
- The Website may disclose certain PII and ePHR, if required to do so, under applicable laws, regulations, and policies so as to comply with a subpoena, or court order or respond to a Government authority. In addition, information about the Users, including PII and ePHR, may be disclosed as part of any merger, acquisition, debt financing, or sale of the assets of Xprs health, as well as in the event of an insolvency, bankruptcy or receivership in which case PII and ePHR could be transferred to third parties as one of the business assets of Xprs health. Users with an account on the Website may be notified via email and/or a through notice on the Website of any change in ownership or uses of PII and ePHR, as well as any choices regarding the same.
- SECURITY OF PERSONAL INFORMATION & WARRANTIES.
- The Website is committed to protect the security of any PII and ePHR and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such PII and ePHR from any unauthorized access, use or disclosure. However, the Website shall not be liable for retaining any ePHR beyond a period of three (3) years from the date of receipt of such ePHR.
- Notwithstanding anything provided in this Policy, Xprs health does not guarantee that the Users’ PII and ePHR will be absolutely protected at all times. Website’s systems and the communications networks through which Users access the Website may be subject to security breaches and failures due to circumstances beyond the reasonable control of Xprs health. These may include computer “hacking”, data theft or and physical theft among others. In such situations, Xprs health will try to rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all PII and ePHR provided to or through the Website or App is with their knowledgeable and informed consent and solely at the User’s own risk.
- This Policy does not apply to any information which if disclosed by the User could be open for public access on this Website or the App (such as posting on public forum, blogs etc). You should be aware that whenever You disclose any information publicly and online, that information could be collected and used by others. We will not be responsible for any action or policies of any third parties, who collect information that you disclose on any such forums on the Website or through the App.
- INTERNATIONAL TRANSFER OF DATA
In the process of providing Service to its Users, Website may transfer PII that it collects to affiliated entities or other third parties across borders in order to upkeep and maintain the Services of the Website. The User hereby consents to such transfer of their PII across countries or jurisdictions which shall abide by the rules governing such International data transfers.
The Use of the Website, App and the Services are exclusively governed by the laws of India and the jurisdiction of the courts shall be at Hyderabad, Telangana, India. Website expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
- Xprs health may, in its sole discretion, amend or revise this Policy from time to time with or without any notification. Changes or revisions in the Policy that may be made henceforth shall be published and notified accordingly. The Users are expected to review the Policy periodically to ensure that they are aware of all changes or amendments made thereto.
- You may access, correct and update any PII or ePHR that you submit to the Website or through the App. You may unsubscribe from mailing lists or any registrations on the Website or the App in which event you cannot access information, documents, Services which are categorized to be used by registered users only. In such a situation, any PII or ePHR received from You or on Your behalf, shall be stored and retained on the server of Xprs health for a maximum period of ninety (90) days only and thereafter be permanently removed or destroyed without any notification and the User shall not be able to access or demand the same after such removal or destruction by Us. Further, We in Our sole discretion may debar You from registering on the Website or the App or from accessing any section of the Website or the App. In the event you opt to delete, update or correct the PII or ePHR, you can do so by following the instructions provided for this purpose on the Website or the App or contact Us at the address provided on the Website or the App.
In case of any questions, complaints, comments or suggestions with regard to this Policy or any other questions about privacy, a User can contact Us at firstname.lastname@example.org . Upon receipt of such complaint or comments, We shall make all the reasonable efforts to resolve or address the same.
- Portal Services will be provided to the Xprs customers as follows
- Assure 99.5% uptime availability of the portal 24×7
- Any planned changes/maintenance to the portal would be carried out during off hours to enable least disruption to the services.
- Advance intimation of 8 hrs would be provided before any above mentioned activities.
- In case of any service outages, intimation would be made available ASAP on the portal.
- The portal services will be supported from contact centre as follows
- 9:30 Hrs – 20:00 Hrs – Monday through Saturday
- For out of office hours Support
- Please contact email@example.com
- Please see the escalation matrix for services as below
Escalation Priority1 Priority2 Priority3 Level 1 > 30 mins
Lead On Duty
> 2 hrs
Lead On Duty
> 4 hrs
Lead On Duty
Level 2 > 1 hr
Contact Centre Head
> 4 hrs
> 8 hrs
Level 3 > 4 hrs
Sr.VP – Operations
> 8 hrs
Contact Centre Head
> 16 hrs
Contact Centre Head