(The ihms360 (www.ihms360.com) Terms of Service was updated on Nov 20, 2020.)
These Terms of Service are binding to users of Application/s or Website/s (www.ihms360.com) run and owned by Techtantra.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content of our Ihms360-branded information and technology services available through the Sites and related mobile applications (our “Services”). If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”)), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal,
Throughout this site, the terms “we”, “us” and “our” refer to Techtantra, and our current and future subsidiaries and affiliates. In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms, together with any of the User Agreement(s), if you have entered with Techtantra , constitute the entire agreement between you and Techtantra regarding any services accessed via our Services, and supplant all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.
This website www.ihms360.com and the application are operated by Techtantra. Techtantra offers this website, including all information, tools and services available from this site to (“you”)
Please read these Terms of Service carefully before accessing or using our website/application. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies mentioned herein and/or available by hyperlink.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Please also review our Privacy Policy, respectively, which describe how we and our partners collect, use, and share certain information when you use our Services.
Any new features that enhance the current Services, including the release of new tools and resources, shall be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/application following the posting of any changes constitutes acceptance of those changes.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for suitability only and will not limit or otherwise affect these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Techtantra. Personal use also includes temporary caching by your browser or a proxy server.
If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the Public Services, so long a
We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.” We may revoke the preceding authorizations at any time as indicated in our Protocol instructions.
We reserve all rights not explicitly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
Some of our Services are protected by technical measures meant to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like. To obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a “Principal”) you must also identify and provide information about each Principal.
If you sign up for one of our Protected Services you may be asked to agree to a user agreement, such as our Healthcare Provider User Agreement or our Patient Portal User Agreement (each such user agreement, your “User Agreement”). In such cases, you will be asked to agree to the terms of your User Agreement, for example, by checking a box or clicking on a button with terms such as “I agree” or “Create my EHR” or the like. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.
Your Credentials are unique to you. You should immediately report to us by clicking here if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until and unless you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that:
To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to use the site or its content:
You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter a binding contract in your jurisdiction.
If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old.
Access to our Services is administered in India (IN) and is intended for users in India. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the Union of India. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any Indian or non-Indian court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a trial. You also agree that we may sue in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Your submission of personal information through the site is governed by our Privacy Policy.
Our Services may allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers (“Patients”) of healthcare professionals (“Professionals”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, feedback or other materials, relating to our Services or other products or services by any means whether online, by email, by postal mail, or otherwise (collectively,'submissions'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submission that you forward to us. We are and shall be under no obligation
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submission will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any submission you make and their accuracy. We take no responsibility and assume no liability for any submission posted by you or any third-party.
Our Services may include listings and directories (“Directories”) to help you Professionals. The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.
Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
Certain content, products and services available via our Service may include materials from third-parties. Our Services may contain hyperlinks (including hyperlinked Ads), which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content for suitability, efficacy, safety, quality or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number immediately.
If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources, such as assessments. We may also provide forums for our users to exchange information. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.
Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
When you sign-up for or log-in to one of our Protected Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically. When you visit our websites, we and certain third-party service providers collect information during your visit. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy.
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, SMS, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have submitted information to us through the Services or registered for one or more of the Protected Services, our responses to you or our Service announcements and administrative messages we provide you are considered part of the Services themselves, which you may not be able to opt-out from.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy all legal requirement(s) that such communications be in writing.
We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content (“Content”) that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.
It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.
Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:
You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.
We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Ihms360 will also terminate a user’s account if the user is determined to be a repeat infringer.
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content on our Services, you thereby grant us and those we work with a worldwide, perpetual, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and aggregated, anonymised or de-identified versions), publish, publicly perform, display, use and distribute such Content as further described in these Terms, your User Agreement and the Privacy Policy, as applicable.
Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organisation and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights, we expressly grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.
Ihms360 does not and will not share the patient’s info of one provider to another provider. Patient has the explicit right to share his EHR with an explicit consent by confirming and sharing the SMS OTP send to the concerned patient’s mobile at the time of registration with the new provider.
Ihms360 in no situation would share nor disclose the patient information of one provider to another provider. Data on Ihms360 servers would only be disclosed on explicit orders from the Judiciary or any legally binding orders received by Ihms360 directly or indirectly.Patient himself can share his existing EHR data by confirming and sharing SMS OTP received on his Mobile No (linked to his Ihms360 account) at the time of registration with the new Healthcare provider.
We reserve the right to monitor all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity.
We reserve the right, fully permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. You hereby consent to our cooperation in such investigation.
You will indemnify, defend and hold Ihms360 and any of our affiliates, officers, directors, employees, agents, representatives, contractors, subcontractors, suppliers, interns, partners and licensors harmless from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, fees, costs and disbursements, arising out of or in any way connected with your use of our Services made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchases, per organisation, per user or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, so that we can help you complete your transactions and contact you as needed.
For more detail, please review our Payment & Refund Policy.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due (on a case to case basis) up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Access to our services and the information and content contained thereon is provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services or the information in our services, including inaccurate or incomplete information. If you are dissatisfied with our services or any content, your sole and exclusive remedy is to discontinue using and accessing our services. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our services, including your submissions to us and you expressly acknowledge and agree that your use and access to our services and the information and content contained therein, and any sites linked through our services and any data transmitted through our services is at your sole risk. Accordingly, we do not assume any liability to you for or relating to any of your actions, including the publication of your submissions or our exercise of the rights you grant to us with respect thereto.
We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user. In no case shall Ihms360, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, the “Ihms360 entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limiting to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Notwithstanding anything in these terms to the contrary, our aggregate liability in respect of any claim or action you may bring against us or any of the Ihms360 entities, regardless of form of action or theory of liability, shall be limited to the greater of (1) one thousand Indian Rupees (Rs 1,000/-), and (2) the aggregate fees actually paid by you to us for the six (6) month period preceding the event first giving rise to such claim or action.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these terms of use is intended to limit any rights you may have that may not be lawfully terminated.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, then (a) such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and the unenforceable portion shall be deemed to be severed from these Terms of Service and (b) the remaining provisions shall remain in full force and effect.
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the services, including notices of cancellation, policies, contracts, and applications.
We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We reserve the right, at our sole discretion, to update or change or replace any part of the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.
You can review the most current version of the Terms of Service at any time at this page.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions about the Terms of Service should be sent to us at [email protected]
