Terms And Conditions Welcome to the HMS DESK website! This ("Website") is maintained by HMS DESK for your personal information, education, and communication. By accessing or using this Website, you agree to comply with the following Terms and Conditions. We recommend that you carefully read and understand these terms before using the Website to ensure you understand your legal obligations, rights, and responsibilities. The information provided on http://www.hmsdesk.com is designed to complement, not replace, the relationship that exists between the patient/site visitor and their physician. It is not intended to substitute for the medical advice of your doctor or healthcare provider. If you require specific medical advice, please consult your healthcare provider. At HMS DESK, we specialize in medical tourism services. Our mission is to provide individuals with access to quality healthcare services worldwide. We facilitate travel arrangements, connect patients with reputable healthcare providers, and assist in coordinating medical procedures and treatments in various destinations. We reserve the right to modify or update these Terms and Conditions at any time without prior notice. It is your responsibility to review the Terms and Conditions periodically for any changes. Continued use of the Website after any modifications implies your acceptance of the updated Terms and Conditions.
Liabilities HMSDESK is a medical tourism company that facilitates the connection between patients and hospitals for medical procedures. Please carefully read the following Terms and Conditions, as they govern your use of the HMSDESK services: HMSDESK acts as a facilitator between the patient and the hospital. We do not accept payment from the patient or provide any packages or services directly to the patient. Each hospital that collaborates with HMSDESK is responsible for providing a quotation to the patient and handling all payment-related matters. The hospital assumes full responsibility for collecting payments from the patient as per their agreed-upon terms. If a patient is unable to make payment as per the hospital's bill, HMSDESK will not be liable for the outstanding payment. The hospital cannot claim or demand payment from HMSDESK for any outstanding bills. HMSDESK will not be held liable for any hospital bill payment on behalf of the patient. It is the hospital's responsibility to handle all payment matters and ensure that necessary advance payments and other formalities are taken care of.
HMSDESK's role is limited to providing patients with leads to hospitals. Once the patient is admitted to the hospital, all activities and matters related to the medical procedure are to be handled directly between the patient and the hospital. Since HMSDESK does not charge any fees from the patient, HMSDESK doesn’t need to provide additional services to the patient. Therefore, the patient cannot claim any specific services from HMSDESK.
NATURE AND APPLICABILITY OF TERMS Please carefully review the following terms and conditions ("Terms") and the privacy policy available at https://hmsdesk.com/list/privacypolicy ("Privacy Policy") before accessing the HMSDESK website or utilizing the services offered on the website. These Terms, along with the Privacy Policy, constitute a legally binding agreement ("Agreement") between you and HMSDESK regarding your website visit and use of the services provided (referred to as "Services" hereafter). This Agreement applies to various parties who utilize the services provided by HMSDESK on the website, including:
i. Medical professionals or healthcare providers (whether individual practitioners or organizations), including designated authorized associates such as hospital administrators, practitioners, diagnostic center managers, or users who wish to be listed or are already listed on the website. ii. Patients, their representatives, or affiliates who are seeking practitioners through the website ("End-User," "you," or "User"). iii. Any other user of the website ("you" or "User").
The Services provided by HMSDESK on the website, which are available free of charge to users, include:
iv. For hospital administrators, practitioners, diagnostic center managers: Listing of profiles, contact details, and other relevant information of hospital administrators, practitioners, diagnostic center managers, to be made accessible to other users and visitors of the website. v. For other users: The ability to (i) create and maintain "Health Accounts," (ii) search for hospital administrators, practitioners, diagnostic center managers by name, specialty, geographic area, or any other criteria developed and provided by HMSDESK, and (iii) make appointments with hospital administrators, practitioners, diagnostic center managers.
The Services provided by HMSDESK are subject to change, at the sole discretion of HMSDESK. This Agreement applies to your use of the website and the Services, as well as any information you provide on the website at any given time. This Agreement governs your use of the website and outlines how your account will be treated while registered as a member with us. If you have any questions regarding any part of the Agreement, please feel free to contact us at support@hmsdesk.com. By downloading apps or accessing the website to use the Services, you irrevocably accept all the conditions set forth in this Agreement, the Subscription Terms of Service, and Privacy Policy, as available on the website, and agree to comply with them. This Agreement supersedes any previous oral or written terms and conditions communicated to you regarding your use of the website and Services. By availing any of our Services, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement at any time and for any reason. Any such modifications will be communicated to you in writing, and it is your responsibility to regularly review the Agreement. Your continued use of the website following any modifications constitutes your agreement to be bound by the modified Agreement. By availing any of our Services, you acknowledge that you will be bound by this Agreement. If you do not agree with any part of the Agreement, please refrain from using the website or availing any Services. Your access and use of the website and the Services are solely at the discretion of HMSDESK. The Agreement is governed by the provisions of Indian law and is published in compliance with various laws and regulations, including, but not limited to: vi. The Indian Contract Act, 1872. vii. The Indian Information Technology Act, 2000. viii. The rules, regulations, guidelines, and clarifications framed under the aforementioned acts, including the Indian Information Technology Rules, 2011 (the "SPI Rules") and the Indian Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
These legal provisions and acts form the framework within which the Agreement operates and governs the relationship between you and HMSDESK
2. CONDITIONS OF USE
To register, use the Services, or visit and use the website in any manner, you must be 18 years of age or older. By registering, visiting, and using the website or accepting this Agreement, you represent and warrant to HMSDESK that you are 18 years of age or older. Furthermore, you affirm that you have the right, authority, and capacity to use the website and the Services available through the website and that you will comply with and abide by this Agreement. 3. TERMS OF USE APPLICABLE The following terms in this Clause 3 apply to all users, except for hospital administrators, practitioners, and diagnostic center managers: 3.1END-USER ACCOUNT AND DATA PRIVACY 3.1.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules (Indian Information Technology Rules, 2011) and are reproduced within the Privacy Policy. 3.1.2 HMSDESK may collect information concerning the devices through which you access the website and anonymous data regarding your usage. The collected information will be used solely for improving the quality of HMSDESK's services and to create new services.
3.1.3 The website allows HMSDESK to have access to registered users' personal email or telephone numbers for communication purposes, in order to provide a better way of booking appointments and obtaining feedback regarding hospital administrators, practitioners, and diagnostic center managers and their business or practice. 3.1.4 The Privacy Policy sets out various aspects, including but not limited to: i. The type of data collected from users, including sensitive personal data or information. ii. The purpose, means, and modes of usage of such information. iii. How and to whom HMSDESK will disclose such information. iv. Other information mandated by the SPI Rules. 3.1.5 It is expected that users read and understand the Privacy Policy to ensure they are aware of: i. The fact that certain information is being collected. ii. The purpose for which the information is being collected. iii. The intended recipients of the information. iv. The nature of collection and retention of the information. v. The name and address of the agency collecting and retaining the information. vi. The various rights available to users regarding such information. 3.1.6 HMSDESK shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information provided by the user to HMSDESK or any person working on behalf of HMSDESK.
3.1.7 Users are responsible for maintaining the confidentiality of their account access information and passwords. Users shall be liable for all usage of their accounts and passwords, whether or not authorized. Users must immediately notify HMSDESK of any actual or suspected unauthorized use of their accounts or passwords. While HMSDESK is not responsible for losses caused by the unauthorized use of user accounts, users may be liable for losses incurred by HMSDESK or other parties due to the unauthorized use of their accounts. 3.1.8 If a user provides untrue, inaccurate, not current, or incomplete information (or if such information becomes untrue, inaccurate, not current, or incomplete), or if HMSDESK has reasonable grounds to suspect the information provided is untrue, inaccurate, not current, or incomplete, HMSDESK has the right to discontinue the services to the user at its sole discretion. 3.1.9 HMSDESK may use the information collected from users from time to time for debugging customer support-related issues. 3.1.10 In relation to each hospital administrator, practitioner, or diagnostic center manager listed on HMSDESK.com, users may have the option to see a "show number" feature. When this feature is chosen, the contact number will be displayed on the hospital details, doctor's details, or diagnostic details page, and users may directly call the contact number. HMSDESK accepts no liability if the call facility is not utilized as intended. HMSDESK may also choose not to use this facility and display the direct contact number of the hospital administrators, practitioners, or diagnostic center managers. In the event that users choose not to provide their consent to record calls that may contain personal information required for appointment and booking purposes, HMSDESK reserves the right to not provide services where such personal information is sought.
3.2 RELEVANCE ALGORITHM
HMSDESK's relevance algorithm for hospital administrators, practitioners, and diagnostic center managers is a fully automated system that lists their profiles and information about their practice on the website. It is important to note that these listings do not represent any fixed objective ranking or endorsement by HMSDESK. HMSDESK will not be held responsible for any changes in the relevance of the practitioners' listings in search results, as this may vary from time to time. The listing of practitioners is based on an automated computation of various factors, including inputs from users such as their comments and feedback. These factors may be subject to change over time in order to improve the listing algorithm. HMSDESK will not be held liable for the accuracy and relevance of the listing order of practitioners on the website.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION 3.3.1 HMSDESK collects and displays relevant information regarding the profile and practice of hospitals, practitioners, and diagnostic centers listed on the website. This information includes details such as doctors' qualifications, specialization, consultation fees, location, visiting hours, and similar details. HMSDESK makes reasonable efforts to ensure that such information is updated at frequent intervals. Although HMSDESK screens and vets the information and photos submitted by hospital administrators, practitioners, and diagnostic center managers, they cannot be held responsible for any inaccuracies or incompleteness, despite their reasonable efforts.
3.3.2 The Services provided by HMSDESK, its licensors, or service providers are provided on an "as-is" and "as available" basis, without any warranties or conditions, whether express or implied. HMSDESK does not provide or make any representation, warranty, or guarantee regarding the website or the Services. HMSDESK does not guarantee the accuracy or completeness of any content or information provided by users on the website. To the fullest extent permitted by law, HMSDESK disclaims all liability arising from the user's use or reliance on the website, the Services, representations, and warranties made by other users, the content or information provided by users on the website, or any opinion or suggestion given or expressed by HMSDESK or any user in reference to any user or services provided by such user. 3.3.3 The website may be linked to third-party websites, affiliates, and business partners. HMSDESK has no control over, and is not liable or responsible for the content, reliability, accuracy, validity, or quality of such websites. The inclusion of any link on the website does not imply endorsement by HMSDESK. Users may use such links and services at their own risk. 3.3.4 HMSDESK assumes no responsibility and shall not be held liable for any damages to users' equipment or for any viruses that may infect users' equipment as a result of their access to, use of, or browsing on the website or the downloading of any material, data, text, images, video content, or audio content from the website. If a user is dissatisfied with the website, their sole remedy is to discontinue using it. 3.3.5 If HMSDESK determines that a user has provided fraudulent, inaccurate, or incomplete information, including through feedback, HMSDESK reserves the right to immediately suspend the user's access to the website or any of their accounts with HMSDESK. HMSDESK may make a public declaration on the website, along with the user's name or the name of their clinic, as determined by HMSDESK, for the protection of its business and the interests of users. The user shall be liable to indemnify HMSDESK for any losses incurred as a result of their misrepresentations or fraudulent feedback that has adversely affected HMSDESK or its users. Please note that HMSDESK only publishes information posted by users and does not take responsibility for the content. Blogs on the website are for guidance purposes only and do not have the ability to determine the accuracy of the information contained within them. HMSDESK also does not have a duty to disclose the source of the underlying data sets upon which the information has been published. HMSDESK is not liable in any manner for any consequences arising out of the use of the published information.
3.4BOOK APPOINTMENT AND CALL FACILITY 3.4.1 HMSDESK enables users to connect with practitioners through four methods: a) book an appointment for online consultation, b) second opinion services avail, c) book an appointment for onsite, and d) value-added telephonic services which connect users directly to the practitioner's number provided on the website.
3.4.2 HMSDESK will ensure that users are provided with a confirmed appointment on the booking facility. However, HMSDESK has no liability if such an appointment is later cancelled by the practitioner or if the same practitioner is not available for an appointment. This is subject to the exceptions listed under the HMSDESK Guarantee Program, in which case the terms of that program shall apply. Furthermore, if a user utilizes telephonic services for consultation, the consultation fees are to be paid directly to the hospital, practitioners, or diagnostic centers online or offline. HMSDESK will not take any responsibility for payment in such cases.
3.4.3 The results of any search performed by users on the website for hospitals, practitioners, or diagnostic centers should not be construed as an endorsement by HMSDESK of any specific hospital, practitioner, or diagnostic center. If a user decides to engage with a hospital, practitioner, or diagnostic center for medical services, the user does so at their own risk.
3.4.4 Without prejudice to the generality of the above, HMSDESK is not involved in providing healthcare, medicines, medical advice, or diagnosis, and therefore, it is not liable for any interactions between users and hospitals, practitioners, or diagnostic centers. Users understand and agree that HMSDESK will not be liable for:
i. User interactions and associated issues with hospitals, practitioners, or diagnostic centers. ii. The ability or intent of hospitals, practitioners, or diagnostic centers, or their failure to fulfill their obligations towards users. iii. Any wrong medication or quality of treatment provided by hospitals, practitioners, or diagnostic centers, or any medical negligence on their part. iv. Inappropriate treatment or any inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed services. v. Misconduct or inappropriate behavior by the practitioner or their staff. vi. Cancellation, no-show, rescheduling of booked appointments, or any variations in fees charged, provided they fall within the scope of the HMSDESK Guarantee Program.
3.4.5 Users are allowed to provide feedback about their experiences with hospitals, practitioners (doctors), or diagnostic centers. However, users must ensure that such feedback is provided in accordance with applicable law. Users understand that HMSDESK is not obliged to act on the content of user feedback, such as suggestions for delisting a particular practitioner from the website.
HMSDESK is not involved in any financial transactions between users and hospitals, practitioners (doctors), or diagnostic centers. Therefore, HMSDESK is not liable for instances such as forgotten appointments, choosing to consult another practitioner, being busy with other work, or any other reasons for not showing up. Additionally, the refund policies for canceled appointments or the management of investigation or consultation charges are determined by the respective hospitals, practitioners, or diagnostic centers. HMSDESK will not interfere with their policies, and users will not be entitled to refunds in cases where cancellation charges are levied.
3.4.6 Hospitals, doctors, or diagnostic centers can use HMSDESK by creating and uploading content to the website, such as text, videos, images, data, or any combination thereof. However, HMSDESK reserves the right to remove any content that violates the property rights of any third party, including but not limited to patents, trademarks, copyrights, or other proprietary rights. Hospitals, practitioners, and diagnostic centers agree to be responsible for any claims arising from third-party property right claims related to their uploaded content on HMSDESK.
3.4.7 Cancellation and Refund Policy: In the event that a paid appointment booked via the HMSDESK website with a practitioner/doctor is not fulfilled, the hospital or practitioner/doctor should refund the money back to the user or arrange another appointment based on mutual understanding. In case of any dispute, the user should contact HMSDESK within five days of the occurrence of such an event. HMSDESK will request the hospital or practitioner/doctor to refund the original mode of payment made by the user. If a user fails to show up for a booked appointment without canceling it in advance, the amount will not be refunded.
HMSDESK 3.5.1 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the website (including information provided in direct response to your questions or postings) may be provided by individuals within the medical community. It is important to understand that the provision of such Information does not create a licensed medical professional/patient relationship between HMSDESK and you. The Information provided is not intended to constitute an opinion, medical advice, diagnosis, or treatment of any particular condition. It is merely provided to assist you in locating appropriate medical aid from a qualified practitioner. 3.5.2 It is hereby expressly clarified that the information obtained or received from HMSDESK, its employees, contractors, partners, sponsors, advertisers, licensors, or others on the website is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, regarding professional qualifications, quality of work, expertise, or any other information provided on the website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 3.5.3 The Services provided by HMSDESK are not intended to be a substitute for emergency healthcare. If you are an end-user facing a medical emergency, either on your behalf or on behalf of another person, please contact an ambulance service or hospital directly.
7 HMSDESK blogs 3.7.1 HMSDESK Health feed is a web content platform available on the website, wherein Practitioners and Users who have created an HMSDESK profile can log in and post health and wellness-related content. 3.7.2 Hospitals, Doctors, diagnostic centers, Practitioners, and Users can use HMSDESK by logging in from their account, creating original content comprising text, video, images, data, or any combination thereof, and uploading said Content to HMSDESK's servers. Users can upload their images. HMSDESK does not provide any warranty on the ownership of the property, and Users should upload images at their own risk. The Content uploaded via HMSDESK blogs does not constitute medical advice and should not be construed as such. 3.7.3 Hospital administrators, Practitioners, diagnostic center managers, and Users acknowledge that they are the primary authors and creators of any Content uploaded by them via HMSDESK blogs and that no Content uploaded by them would constitute an infringement of the property rights of any other person. 3.7.4 HMSDESK reserves the right to remove any Content that it may determine, at its discretion, as violating the property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights. Hospital administrators, Practitioners, diagnostic center managers, and Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of any third-party property right claim arising from the uploading of any Content on the HMSDESK blogs. Additionally, Hospital administrators, Practitioners, diagnostic center managers, and Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of any third-party property claim if the Practitioner or User downloads, copies, or otherwise utilizes an image from the HMSDESK Gallery for personal or commercial gain. Hospital administrators, Practitioners, diagnostic center managers, and Users hereby assign to HMSDESK, in perpetuity and worldwide, all property rights in any Content created by them and uploaded via HMSDESK. 3.7.5 HMSDESK reserves the right to edit or remove the Content and any comments in such manner as it may deem necessary at any time. 3.7.6 Practitioners, hospitals, diagnostic centers, and Users shall ensure that the Content or any responses to the Content (including responses to Users) are not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another person’s privacy, or otherwise contain any hateful elements, racially or ethnically objectionable content, disparaging content, or any other unlawful content. HMSDESK reserves the right to remove any Content that it may determine, at its discretion, as violative of these Terms and Conditions or any law or statute in effect at the time. Additionally, Practitioners, hospitals, diagnostic centers, and Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by them on HMSDESK Health Feed 3.7.7 Practitioners, hospitals, diagnostic centers, and Users shall ensure that no portion of the Content violates any applicable law. 3.7.8 Practitioners, hospitals, diagnostic centers, and Users shall ensure that the Content is not threatening the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. Furthermore, the Content should not cause incitement to the commission of any cognizable offense, hinder the investigation of any offense, or be insulting to any other nation. 3.7.9 Users can also use HMSDESK to view original content created by Practitioners and to make and add comments on such Content, where allowed. 3.7.10 Users acknowledge that the User Comment reflects the views and opinions of the authors of such Content and does not necessarily reflect the views of HMSDESK. 3.7.11 Users agree that the Content they access on HMSDESK Blogs does not constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content is solely the User's. Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on HMSDESK blogs. 3.7.12 Users acknowledge that all property rights in the User Comment on HMSDESK blogs vest with HMSDESK. Users agree not to infringe upon HMSDESK’s property by copying or plagiarizing content on the HMSDESK blog. HMSDESK reserves its right to initiate all necessary legal remedies available in the event of such infringement by the User. User comments will be the sole property of HMSDESK. Users agree not to post User Comments that may violate the property rights of any third party, including but not limited to patent, trademark, copyright, or other proprietary rights. HMSDESK reserves the right to remove any User Comment that it may determine, at its discretion, as violating the property rights of any third party. Additionally, Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of any third-party property right claim arising from the User Comment. 3.7.13 Users shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another person’s privacy, or otherwise contains any hateful elements, racially or ethnically objectionable content, disparaging content, or any other unlawful content. HMSDESK reserves the right to remove any Content that it may determine, at its discretion, as violative of these Terms and Conditions or any law or statute in effect at the time. Additionally, Users agree to absolve HMSDESK from and indemnify HMSDESK against all claims that may arise as a result of any legal claim arising from the nature of the User Comment. 3.7.14 Users shall ensure that the User Comment is not threatening the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. Furthermore, the User Comment should not cause incitement to the commission of any cognizable offense, hinder the investigation of any offense, or be insulting to any other nation. Please note that these terms and conditions apply to both Practitioners and Users, but where specific clauses are applicable only to Practitioners or Users, it is mentioned accordingly.
3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS HMSDESK 3.8.1 The contents listed on the website are either user-generated content or belong to HMSDESK. The information collected by HMSDESK from the end-users, hospital administrators, practitioners, and diagnostic center managers shall belong to HMSDESK. Copying copyrighted content published by HMSDESK on the website for commercial purposes or for the purpose of earning profit is a violation of copyright, and HMSDESK reserves its rights under applicable law. 3.8.2 HMSDESK authorizes the User to view and access the content available on or from the website solely for ordering, receiving, delivering, and communicating as per this Agreement. The contents of the website, including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content (referred to as "HMSDESK Content"), are the property of HMSDESK and are protected by copyright, trademark, and other laws. Users are not allowed to modify the HMSDESK Content or reproduce, display, publicly perform, distribute, or use the HMSDESK Content in any way for public or commercial purposes or private gain. 3.8.3 Users are not permitted to access the Services for the purpose of monitoring their availability, performance, or functionality, or for any benchmarking or competitive purposes.
REVIEWS AND FEEDBACK By using the website, you agree that any information you share with HMSDESK or with any hospital administrators, practitioners, or diagnostic center managers will be subject to the Privacy Policy. You are solely responsible for the content you choose to submit for publication on the website, including any feedback, ratings, or reviews ("Critical Content") regarding hospital administrators, practitioners, diagnostic center managers, or other healthcare professionals. HMSDESK's role in publishing Critical Content is limited to that of an 'intermediary' under the Information Technology Act, 2000. HMSDESK disclaims all responsibility for the content of Critical Content, and its role regarding such content is limited to its obligations as an 'intermediary' under the said Act. HMSDESK is not liable to pay any consideration to any User for re-publishing any content across any of its platforms. The publication of reviews and feedback on the website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you agree not to post or publish any content on the website that infringes any third-party privacy rights, property, publicity, or violates any applicable law or regulation, including but not limited to the Information Technology (Intermediary Guidelines) Rules and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules. HMSDESK, at its sole discretion, may choose not to publish your reviews and feedback if required by applicable law, and in accordance with Clause 5 of these Terms. You agree that HMSDESK may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: i. Obtaining feedback about the website or HMSDESK's services; and/or ii. Obtaining feedback about any practitioners listed on the website; and/or Resolving any complaints, information, or queries by hospitals, diagnostic centers, or practitioners regarding your Critical Content; and you agree to provide your fullest cooperation in response to such communication by HMSDESK. HMSDESK's Feedback Collection and Fraud Detection Policy are attached as the Schedule hereto and remain subject to these Terms.
10 RECORDS and REPORTS Here are the specific terms regarding Health Records on HMSDESK, without prejudice to the rest of the Terms and the Privacy Policy: 3.10.1 Your Health Records are created only after you have signed up and explicitly accepted these Terms. 3.10.2 Any Health Record created is provided on an "as-is" basis, and HMSDESK does not validate the information provided. If you find any discrepancies or need to make any changes to the Health Record or reports, you should contact the relevant practitioner. 3.10.3 The Health Records are provided on an "as-is" basis, and while HMSDESK strives to maintain high service availability, it is not responsible for any interruptions to your access to the Services. 3.10.4 Reminders provided by the Records are a supplementary way of reminding you to perform activities prescribed by your practitioner. If there are any medicine reminders, you should refer to your prescription before taking any medicines. HMSDESK is not liable if reminders are not delivered to you, delivered late, or delivered incorrectly. If you do not wish to receive reminders, you can switch them off through the HMSDESK app.
3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. Health Records will be sent to the contact details associated with your mobile number and/or email ID. When you change any contact information, you will receive a confirmation. HMSDESK is not liable for any loss or inconvenience caused due to your failure to update your contact details with HMSDESK. 3.10.6 HMSDESK uses industry-level security and encryption for your Health Records. However, HMSDESK does not guarantee prevention of unauthorized access if you lose your login credentials or if they are compromised. If you become aware of any unauthorized use or access, you must immediately inform HMSDESK. Safeguard your login credentials and report any suspected breach of your account to support@hmsdesk.com. 3.10.7 If you access your dependents' Health Records by registering them with your account, you are responsible for their Health Records and all obligations that they would have had if they maintained their own separate accounts. You agree to obtain the prior consent of your dependents and have the right to share, upload, and publish any sensitive personal information of your dependents. HMSDESK assumes no responsibility for any claims, disputes, or liabilities arising from unauthorized use of such information, and you agree to indemnify HMSDESK and its officers in this regard. 3.10.8 If you wish to delete your account and Health Records, you can do so by contacting the service support team. However, only your account and associated Health Records will be deleted, while Health Records stored by your practitioners will remain in their respective accounts. 3.10.9 Your "User-created" record may be lost if the data is not synced with the server. 3.10.10 If the Health Record is inactive for a specified time, you may not be able to access it for security reasons. 3.10.11 HMSDESK is not liable if, for any reason, Health Records are not delivered to you or are delivered late, despite its best efforts.
3.10.12 Health Records are shared with the phone numbers provided by your practitioner. HMSDESK is not liable for adding Health Records to incorrect numbers if those incorrect numbers are provided by the practitioner. 3.10.13 HMSDESK is not responsible for the content, facts, deductions, or language used in your Health Records. Your hospital, practitioners, or diagnostic centers are solely responsible for your Health Records and any information provided, including the content within them. 3.10.14 HMSDESK has the right, in its sole discretion, to retract Health Records without prior notice if they are found to be shared incorrectly or inadvertently. 3.10.15 If mandated by any constitutional court or jurisdiction, HMSDESK will follow the law and share Health Records for any necessary reasons. 3.10.16 You agree and acknowledge that HMSDESK may need to access your Health Record in cases such as technical or operational issues related to your access or ownership of the Records. 3.10.17 You acknowledge that the hospital, practitioners, or diagnostic center you visit may use HMSDESK's software or third-party software for their business operations and HMSDESK's services, including the storage of Health Records in India and other countries, in compliance with applicable laws. 3.10.18 If your Records are shared with HMSDESK or stored on any HMSDESK products used by practitioners you have visited or may visit in the future, you agree to the storage of your Records by HMSDESK for the purposes of their business and services, including the storage of Health Records in India and abroad, following applicable laws. You also agree to the mapping of such Records available in HMSDESK's database to your User account upon creating your account with HMSDESK.
3.12HMSDESK Q&A 3.12.1Terms for the hospital, practitioners (Doctor), diagnostic center: i. Every Practitioner on the Q&A Platform must be qualified within the area of experience that he represents as being his qualification. ii. The Q&A Platform may be a platform for the exchange of data which is generally during a question and answer format. The Q&A Platform isn't for emergencies. iii. Any Q&A interaction can't be construed as a medical consultation with the Practitioner, in any manner whatsoever. iv. HMSDESK Users may post questions on medical issues (“Querist”), and these queries are often answered by multiple hospital administrators, practitioners, diagnostic center managers on the Q&A Platform. It's expressly clarified that no doctor-patient relationship is established between the Querist and hospital administrators, practitioners, diagnostic center manager, in any manner whatsoever, by indulging during this Q&A.
v.The Hospital, Practitioner, or Diagnostic center may provide probable views, suggestions recommendations, and solutions to the question posed by a user. However, it's expressly clarified that any such view, recommendation, suggestion, and solution shall not be construed as medical advice. The person in question (being Querist or not) is suggested to consult a doctor during this regard. vi. The hospital (Doctors), practitioners shall not share their personal, religious, and/or moral views with the Querist while issuing their response. vii. The hospital (Doctors), practitioners cannot issue and/or prescribe any medicines on the Q&A platform. it's a platform for less than the exchange of data and not a consultation/ medical advice. viii. The hospital (Doctors), practitioners are completely and expressly prohibited to: a. Provide a medical diagnosis; b. Issue a prescription; c. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content; d. Advertise any brand of medicine, supplements, vaccines, and medications, in any manner of whatsoever; e. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, Facebook, Twitter, etc., telephone/ mobile numbers, youtube, and address; f. Promote content and activities which are illegal; ix. within the event of any breach of those QA T&C, HMSDESK will take appropriate action inter alia starting from issuing warnings to the removal of hospital (Doctors), practitioners from the Q&A Platform, in its sole and absolute discretion, on a case to case basis. x. Any liability arising out of the response issued by a hospital (Doctors), practitioners are going to be borne solely by the Practitioner. Q&A Platform is merely a platform interface provided by HMSDESK for sharing and exchanging information purposes. xi. The Q&A Platform shall be audited daily by HMSDESK for ascertaining compliance by the hospital (Doctors), practitioners to Paragraph 6, and therefore the hospital (Doctors), practitioners consent to an equivalent. it's clarified that the said audit isn't conducted for the aim of the quality check or validation of responses issued by the hospital (Doctors), practitioners. xii. All general HMSDESK Terms and Conditions shall govern the QA T&C to the extent applicable. The decision of HMSDESK is final and binding on the problems arising under the QA T&C.
3.12.2Terms for User/Querist: i. The personally identifiable information of the querist will be anonymized by HMSDESK before posting the question on the Q&A Platform. ii. The Q&A Platform is a public forum for the exchange of information, and therefore, any question posted by a user is visible publicly. Users should ensure that no personal information is published on the Q&A Platform. iii. Users should not use the Q&A Platform for emergencies. It is not intended to provide immediate or urgent medical assistance. iv. Users are prohibited from posting any query or issue on the Q&A Platform that includes derogatory language, objectionable, pornographic, or offensive content. v. Any response provided by the hospital administrators or practitioners should not be considered as medical advice on the Q&A Platform. The Q&A Platform is a platform for the exchange of information in a question-and-answer format. It should not be construed as a medical consultation with the hospital administrators or practitioners in any manner. vi. It is explicitly clarified that no doctor-patient relationship is established between the user and the hospital administrators or practitioners by engaging in the Q&A. The views, recommendations, suggestions, and solutions provided in the question-and-answer section should not be considered as medical advice from the hospital administrators, practitioners, or diagnostic center. The person asking the question, whether they are the Querist or not, is advised to consult a doctor for proper medical advice. vii. All general HMSDESK Terms and Conditions shall govern the Q&A T&C to the extent applicable. The decision of HMSDESK is final and binding on the issues arising under the Q&A T&C and HMSDESK Terms and Conditions.
3.13HMSDESK DIAGNOSTICS
For detailed terms and conditions regarding diagnostics, please refer to the specific section on the website. The website provides the following services, collectively referred to as "Permitted Services": i. Medical second opinion. ii. Consulting a doctor online. iii. Booking diagnostic tests and health check-ups. iv. Pre-paying for doctor appointment bookings. v. Subscribing to healthcare plans.
HMSDESK reserves the right to make necessary amendments to these services. 4.1.2 HMSDESK will not be held liable for the ranking of practitioners on external websites and search engines. The ranking of practitioners on such platforms is beyond the control of HMSDESK. 4.1.3 HMSDESK shall not be responsible or liable for any losses, damages, injuries, or expenses incurred by users as a result of disclosures or publications made by HMSDESK, provided that the user has given express or implied consent for such disclosures or publications. If the user has revoked their consent as per the Privacy Policy, HMSDESK shall not be held responsible or liable for any losses, damages, injuries, or expenses incurred by the user due to disclosures made by HMSDESK prior to the receipt of such revocation.
PROFILE OWNERSHIP AND EDITING RIGHTS
HMSDESK provides a tool for hospital administrators, practitioners, and diagnostic center managers to update their profile information, ensuring quick access to their profiles. It's important to note that HMSDESK retains ownership of all profiles and pictures of hospital administrators, practitioners, and diagnostic center managers. HMSDESK reserves the right to moderate any changes or updates requested by practitioners. However, HMSDESK independently decides whether to publish or reject the requested changes or updates. By using HMSDESK's services, you represent and warrant that you have the full legal right to upload any content as part of your profile or in any other manner, and that such content does not infringe upon any third-party rights, including intellectual property rights. If HMSDESK becomes aware of any breach of this representation, it may modify or delete relevant parts of your profile information at its sole discretion, with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF HMSDESK 4.3.1 Critical Content refers to the content created by users of the HMSDESK website, clients of HMSDESK's customers, and practitioners, including end-users. As an intermediary platform, HMSDESK does not take responsibility for Critical Content. Its role regarding Critical Content is limited to that of an 'intermediary' under the Information Technology Act, 2000. The specific rights and obligations of HMSDESK concerning Critical Content are further explained in Clauses 3.9 and 5 of these Terms. HMSDESK's Feedback Collection and Fraud Detection Policy, attached as the Schedule, are always subject to these Terms. 4.3.2 HMSDESK reserves the right to collect feedback and important content for all practitioners, clinics, and healthcare providers listed on the website. 4.3.3 HMSDESK is not obligated to pre-screen, review, flag, filter, modify, refuse, or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 By using the Services, you may be exposed to Critical Content or other content that you may find offensive or objectionable. HMSDESK shall not be responsible for any negative impact on the business of clinic/hospital administrators, practitioners, or diagnostic center managers due to Critical Content of a negative nature. In these regards, you use the Service at your own risk. However, as an 'intermediary,' HMSDESK takes necessary steps to comply with applicable law regarding the publication of Critical Content. The legal rights and obligations regarding Critical Content and any other information sought to be published by users are further detailed in Clauses 3.9 and 5 of these Terms. 4.3.5 HMSDESK will take down information according to the standards set by applicable law and shall not be liable for any Critical Content created by users. The rules regarding third-party content outlined in the Terms of Service for the website shall apply mutatis mutandis to Critical Content posted on the website. 4.3.6 If HMSDESK determines that you have provided inaccurate information or enabled fraudulent feedback, it reserves the right to immediately suspend any of your accounts with HMSDESK. Such a declaration may be made on the website, along with your name or your clinic's name as determined by HMSDESK, for the protection of its business and the interests of users.
4.4 RELEVANCE ALGORITHM HMSDESK has developed a relevance algorithm designed in the best interest of end-users. The algorithm may be adjusted periodically to improve the quality of search results for patients. It is a merit-driven proprietary algorithm that cannot be altered for specific practitioners. HMSDESK shall not be held responsible for any impact on the business interests of practitioners due to changes in the Relevance Algorithm. 4.6 INDEPENDENT SERVICES Your use of each service provided by HMSDESK confers rights and obligations specific to that service and does not extend to any other services offered by HMSDESK. 4.8 BOOK APPOINTMENT AND CALL THE FACILITY 4.8.1 The HMSDESK booking platform is beneficial for hospitals, medical practitioners, diagnostic centers, and their users. For the terms and conditions related to booking facilities on an HMSDESK profile, please refer to the Book Standards. 4.8.2 Practitioners understand that HMSDESK shall not be held liable for any comments or feedback provided by patients/users regarding the services provided by hospitals, practitioners, or diagnostic centers. The decision to publish, modify, moderate, or mask such feedback (where required by law or norms, etc.) is solely at the discretion of HMSDESK. 4.9 UNDERTAKING BY HOSPITALS, PRACTITIONERS, DIAGNOSTIC CENTERS Hospitals, practitioners, and diagnostic centers undertake to be duly registered, licensed, and qualified to practice medicine and provide healthcare and wellness services in accordance with applicable laws, regulations, and guidelines set forth by competent authorities. Practitioners shall not be part of any arrangement that prohibits them from practicing medicine. The Practitioners must ensure compliance with all applicable laws governing their practice and exercise utmost care in providing consultations and services. 4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS In acknowledgment of the various offerings and services provided by HMSDESK to practitioners, practitioners (subject to their reasonable right to review and approve) agree to: (a) Allow HMSDESK to include a brief description of the services provided to hospitals, practitioners, and diagnostic center managers in HMSDESK's marketing, promotional, and advertising materials. (b) Allow HMSDESK to reference hospitals, practitioners, and diagnostic center managers in blog posts for HMSDESK's existing and potential clients. (c) Provide video logs, testimonials, e-mailers, banners, press releases, etc., for use of the hospitals, doctors, diagnostic centers, or practitioners' name and/or logo, brand images, taglines, etc., in e-mailers, press releases, social media, and other advertising, marketing, and promotional materials.
5. RIGHTS AND OBLIGATIONS concerning CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, HMSDESK informs users that they are not allowed to host, display, upload, modify, publish, transmit, update, or share any information that: Belongs to another person and to which the user has no right. Contains harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, or racially, ethnically objectionable content. Harms minors in any way. Infringes any patent, trademark, copyright, or other proprietary rights. Violates any current laws in force. Deceives or misleads the recipient about the origin of such messages or communicates any grossly offensive or menacing information. Impersonates another person. Contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or incites the commission of any cognizable offense or insults any other nation. 5.2 Users are also prohibited from: Violating or attempting to violate the integrity or security of the website or any HMSDESK content. Transmitting disruptive or competitive information (including job posts, messages, and hyperlinks) on or through the website that hinders the provision of services by HMSDESK. Intentionally submitting incomplete, false, or inaccurate information. Making unsolicited communications to other users. Using any engine, software, tool, agent, or mechanism to navigate or search the website (such as spiders, robots, avatars, or intelligent agents). Deciphering, decompiling, disassembling, or reverse engineering any part of the website. Copying or duplicating any HMSDESK content or other information available on the website. Framing, hot linking, or deep linking any HMSDESK content. Circumventing or disabling any digital rights management, usage rules, or other security measures of the software. 5.3 If HMSDESK becomes aware, through knowledge or written communication, of any information that violates the above clauses, it is entitled to disable such information and preserve it, along with associated records, for a minimum of 90 days for investigation purposes. 5.4 In case of non-compliance with applicable laws or the agreement (including the privacy policy) by a user, HMSDESK has the right to immediately terminate the user's access or usage rights and remove non-compliant information from the website. 5.5 HMSDESK may disclose or transfer user-generated information to its affiliates or governmental authorities in compliance with applicable laws. Users consent to such transfers. HMSDESK respects the intellectual property rights of others and disclaims any responsibility for violations of such rights. TERMINATION 6.1 HMSDESK reserves the right to suspend or terminate a user's access to the website and services, with or without notice, in cases where: The user breaches any terms and conditions of the agreement. A third party reports a violation of its rights due to the user's use of the services. HMSDESK is unable to verify or authenticate the information provided by the user. HMSDESK has reasonable grounds to suspect illegal, fraudulent, or abusive activity by the user. HMSDESK believes, at its sole discretion, that the user's actions may cause legal liability or are contrary to the interests of the website. 6.2 Once suspended or terminated, the user may not continue to use the website under the same or different account. Upon termination, the user will no longer have access to data, messages, files, or other material stored on the website. Users are responsible for maintaining backups of any necessary information in accordance with their record-keeping practices.
7. LIMITATION OF LIABILITY
In no event, including negligence, shall HMSDESK or any of its directors, officers, employees, agents, or content or service providers (referred to as "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, or exemplary damages arising from or directly or indirectly related to the use or inability to use the website, its content, materials, and functions, the services provided, or the provision of data by users via the website. This applies even if a Protected Entity has been advised of the possibility of such damages. The Protected Entities shall not be liable for:
- Provision or failure to provide services by hospital administrators, practitioners, or diagnostic center managers to end-users contacted or managed through the website. - Any content posted, transmitted, exchanged, or received by users or other individuals on or through the website. - Unauthorized access to or alteration of user transmissions or data. - Any other matter related to the website or the services.
In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract, tort, or otherwise) arising from this Agreement or a user's use of the website or the services exceed a certain amount.
8. RETENTION AND REMOVAL
HMSDESK may retain information collected from users for as long as necessary, depending on the type of information and its purpose, means, and modes of usage, in accordance with the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 This Agreement and any contractual obligations between HMSDESK and the user shall be governed by the laws of India.
9.2 Any dispute, claim, or controversy arising from or related to this Agreement, including the scope or applicability of the agreement to arbitrate, or the use of the website or the services, shall be determined by arbitration in India before a sole arbitrator appointed by HMSDESK. The arbitration shall be conducted under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Pune, India. All proceedings, including awards, shall be in English and the award shall be final and binding.
9.3 Subject to Clause 9.2, the courts at Pune, India shall have exclusive jurisdiction over any disputes arising from or related to this Agreement, the use of the website or the services, or the information provided through it.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1 For any questions or concerns regarding HMSDESK, the website, this Agreement, the services, or anything related, users can contact HMSDESK customer support at support@hmsdesk.com or via the contact information available at www.hmsdesk.com/contact.
10.2 Under the Information Technology Act, 2000, and the rules made thereunder, users can address any grievances regarding the website or the services, including discrepancies and processing of data, to the Grievance Officer:
Name: Mr. Shekhar Dussal Phone: 9923782925 Email: support@support.com
11. SEVERABILITY
If any provision of the Agreement is deemed unenforceable under applicable law by a court of competent jurisdiction or arbitral tribunal, that provision shall be excluded from the Agreement, and the remainder of the Agreement shall be interpreted as if that provision were excluded. The Agreement shall be enforceable under its terms to the extent permitted by applicable law.
DISCLAIMER: The content provided on this website is for informational purposes only and does not constitute medical advice or treatment. Users should consult with qualified healthcare professionals for diagnosis and treatment. HMSDESK does not endorse or take responsibility for any illegal activities conducted by patients or their attendants. HMSDESK acts solely as a healthcare facilitator and is not liable for the actions or outcomes of medical treatment provided by hospitals.
HMSDESK is working just as a healthcare facilitator company. We do follow the rules and regulations as per the law. If any patient or attendant will arrive for treatment through HMSDESK and will be involved in any illegal activities HMSDESK will not take liable for the above.
HMSDESK provides end-to-end healthcare related services. Working as a healthcare facilitator, sometimes one of our executives can go to receive and drop the patient at the airport to admit the patient to the Hospital at the request of the patient. We also provide patient hotel accommodation service or before/after patient and attendant are interested to travel and visit some places we just help them in these but If the patient is involved in any illegal activities HMSDESK will not take any responsibility in that case.
HMSDESK is only the healthcare facilitator to serve patient in helping to get best posible medical treatment form the Hospital. Patient select the hospital as per there choise. When the patient is in hospital it is totally the hospitals responsiblity in surgery and treatment.