Terms & Conditions

These terms and conditions of use ("Terms of Use") of the Website (as defined below) between https://idhs.in(hereinafter referred to as "idhs" or “Kailash Upchar”) and the users/registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which idhs offers You access to the Website and the Services (as defined below) through the Website.

Kailash Upchar (OPC) Private Limited. ("Kailash Upchar", "idhs", “Indian Digital Health Solutions”, "Company", "We", "Our" or "Us") is the owner of https://idhs.in and the idhs mobile application (the URLs and mobile application together referred to as "Websites" and individually a "Website"). The terms 'You' or 'Your' refer to you as the user (whether You are a Registered User, Unregistered user or an HCP) of the Website or of the services offered by the Website ("Service"). Moreover, here “unit” referred as “hospitals” or “health clinics” or “organization” or “association” or “HCP”.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

1. General

1.1 https://idhs.in ("Website") is an Internet based portal, a company incorporated under the laws of India, with its registered office at C/o Sri. Bedamo Devi W/o Kailash Shah, Moti Thel Ara Urban-1 Arrah Near School Of Economics, Phuhan, Bhojpur, Arrah, Bihar, India, 802163. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by IDHS at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2 IDHS shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page https://idhs.in to view the most current Terms of Use. You can determine when IDHS last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. IDHS may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3 By (i) using this Website or any facility or Service provided by this Website in any way, or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, https://idhs.in

2. Services

2.1 The Website is a platform for hospitals or HCPs, that facilitates the Hospitals or HCPs to manage, control and operate the unit digitally. The services are delivered through a dedicated online/offline registration process following a subscription amount payable by the Subscriber on a monthly, quarterly or annually basis. The Services are offered through a digital dashboard that enables the unit to operate effectively and efficiently keeping eye and managing daily activities. This website/portal is only operating for registered hospitals and HCPs and this is not for general public.

3. Eligibility to Use

3.1 The Services are not available to unauthorized hospitals or to any Unit suspended or removed from the IDHS system by IDHS for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal entity to form a binding contract and are not a legal entity barred from receiving services under the laws as applicable in India.

3.2 IDHS reserves the right to refuse access to use the Services offered at the Website to new Units or to terminate access granted to existing Units at any time without according any reasons for doing so.

3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. Unit Account, Password, and Security

4.1 IDHS makes the Services available to Units through the Website if You have provided IDHS certain required Unit information and created an account ("Account") through User ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID and with a thorough KYC further (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

4.2 The Website requires You to register as a User by creating an Account in order to avail the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify IDHS of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. IDHS cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by IDHS or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.3 The Website also allows restricted access to the Services for unregistered Users.

4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another unit's Account Information for availing the Services is expressly prohibited.

4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or IDHS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDHS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

5. Pricing Information

5.1 IDHS strives to provide You with the best prices possible on the services provided thought an affordable and discounted subscription packages. You can anytime subscribe or renew your subscription through the website.

5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. IDHS expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

5.3 IDHS shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any transaction for any transaction or decimation of such transaction resulting from a lack of authorization for any transaction, for any reason whatsoever.

6. User Obligations

6.1 Subject to compliance with the Terms of Use, IDHS grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

6.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by (a) the Terms of Use, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You will access the Website in accordance with Section 7.

6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by IDHS. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. IDHS disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein.

6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any IDHS server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of IDHS, including any IDHS Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
  • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction or use of the Website by any other person;
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IDHS or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Use including but not limited to any applicable Additional Terms; and
  • Reverse engineer, modify, adapt, translate, prepare derivative works of, decompile, or disassemble any portion of the Website or any software used on or for the Website;

6.7 You agree that You are solely responsible to IDHS and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which IDHS or its affiliates or its vendors may suffer) for any such breach.

6.8 You agree that IDHS may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.

7. Use of Materials

7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, IDHS hereby grants You a non-exclusive, freely revocable (upon notice from IDHS), non-transferable access to view, download and print product catalogues or other materials available on the Website, subject to the following conditions:

  • You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
  • You may not modify or alter product catalogues or any other materials available on the Website;
  • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

7.3 Any software that is available on the Website is the property of IDHS or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of IDHS.

8. Usage Conduct

8.1 You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not foreseen, including but not limited to, use of any defamatory, abusive or derogatory language, content or images.

8.3 IDHS shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You having exceeded Your pre-set permissible payment limit under Your credit card or any other payment mechanism, and/or following decline of the transaction.

9. Intellectual Property Rights

9.1 You acknowledge and agree that:

  • All intellectual property rights in the Website and the proprietary material, content or information made available to You through the Website (excluding Your proprietary material) are owned by IDHS or its licensors;
  • Except as expressly stated herein, these Terms of Use do not grant you any rights to, under or in any such intellectual property rights, or any other rights or licenses in respect of the Website or the content or materials contained therein;
  • All rights not expressly granted herein are reserved by IDHS.

10. Third Party Content

10.1 The Website makes available general third party information such as product catalogues, management reports, newsletters, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from IDHS. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. IDHS does not provide any guarantee with respect to any Third Party Content and IDHS shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

10.2 You hereby acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. IDHS does not provide any guarantee with respect to any Third Party Content and IDHS shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

11. Disclaimer Of Warranties & Liability

11.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:

  • The Website, Services and other materials are provided by IDHS on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non- infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, IDHS makes no warranty that:
    • Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
    • Materials, information and results obtained will be effective, accurate or reliable;
    • Any errors or defects in the Website, Services or other materials will be corrected.
  • To the maximum extent permitted by applicable law, IDHS will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. IDHS also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
  • The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from downloading such material or data.
  • IDHS is not responsible for any typographical error leading to an invalid coupon. IDHS accepts no liability for any errors or omissions, with respect to any information provided to You.
  • IDHS shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the products and services are for information purpose only.

12. Indemnification and Limitation of Liability

12.1 You agree to indemnify, defend and hold harmless IDHS including but not limited to its affiliates, vendors, representatives, third-party service providers and their respective directors, officers, employees and agents from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by IDHS that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold IDHS harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • Your use of the Website;
  • Any user content made available on the Website;
  • Your violation of these Terms of Use;
  • Your violation of any rights of another;
  • Your alleged improper conduct pursuant to these Terms of Use;
  • Your conduct in connection with the Website.

12.2 You agree to fully cooperate in indemnifying IDHS at Your expense. You also agree not to reach a settlement with any party without the consent of IDHS.

12.3 In no event shall IDHS, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not IDHS has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

13. Violation of the Terms of Use

13.1 You agree that IDHS may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access if IDHS determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will cause irreparable harm to IDHS, for which monetary damages may be inadequate, and You consent to IDHS obtaining any injunctive or equitable relief that IDHS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IDHS may have at law or in equity.

13.2 IDHS reserves the right to modify, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, or content, at any time without prior notice. However, IDHS may, on its own discretion, provide a notice to you prior to the suspension or discontinuation of any aspect of the Website.

14. Termination

14.1 The Terms of Use will continue to apply until terminated by either You or IDHS as set forth below.

14.2 If You want to terminate Your agreement with IDHS, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).

14.3 IDHS may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

  • You breach any of the provisions of the Terms of Use, Privacy Policy or any other terms, conditions, or policies that may be applicable to You;
  • IDHS is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
  • The provision of the Services to You by IDHS is, in IDHS's opinion, no longer commercially viable;
  • IDHS has elected to discontinue, with or without reason, access to the Website, Services (or any part thereof);
  • In the event IDHS faces any unexpected technical issues or problems that prevent the Website and/or Services from working.

14.4 IDHS may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

14.5 You agree that all terminations shall be made at the sole discretion of IDHS and that IDHS shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services offered therein.

14.6 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until IDHS chooses to terminate them.

15. Dispute Resolution

15.1 If any dispute arises between You and IDHS during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use or the Privacy Policy, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by IDHS. The place of arbitration shall be Bengaluru, Karnataka. The arbitration proceedings shall be in the English language and shall be governed by Arbitration & Conciliation Act, 1996.

15.2 The Terms of Use shall be governed by and construed in accordance with the applicable laws of India. The Courts at Bengaluru, Karnataka shall have the exclusive jurisdiction in connection with any disputes arising out of or in connection with the Terms of Use.

16. Report Abuse

16.1 In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to IDHS customer support.

17. Communications

17.1 You hereby expressly agree to receive communications by way of SMS, e-mails from IDHS, phone calls relating to the Products offered through the Website.

18. General Provisions

18.1 Notice: All notices with respect to these Terms of Use from IDHS will be served to You by email or by general notification on the Website. Any notice provided to IDHS pursuant to the Terms of Use should be sent to legal@abc.com.

18.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. IDHS's rights under the Terms of Use are freely transferable by IDHS to any third parties without the requirement of seeking Your consent.

18.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

18.4 Waiver: Any failure by IDHS to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by IDHS of that provision or right.

18.5 Relationship and Notice: None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and IDHS and You shall have no authority to bind IDHS in any manner, whatsoever. All communications and notices made or given pursuant to these Terms of Use shall be in the English language.

18.6 Force Majeure: IDHS shall have no liability to You for any interruption or delay in access to the Website irrespective of the cause.

19. Feedback and Information

19.1 Any feedback You provide to this Website shall be deemed to be non-confidential. IDHS shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) IDHS is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from IDHS for the feedback under any circumstances.

19.2 Under no circumstances shall IDHS be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Website.

20. Customer Support

20.1 Any queries or concerns about these Terms of Use should be sent to support@idhs.in.