My Health Manager Privacy Policy
Famhealth Private Limited (“Famhealth”, “My Health Manager”, “We”, “Us”, or “Our”) operates the website (https://famhealth.in and all associated domains) and the My Health Manager mobile, web-based widget and online applications (“My Health Manager App” or “App/s” or “Mobile Software/s”). The My Health Manager services, digital premium toolpacks services, well-being coach or therapist services, guided-group meditation services and population/analytics dashboard services, WhatsApp-based business service and web-based My Health Manager widget or application services provided are collectively referred to as the "service(s)".
This page informs you of our policies regarding the collection, use, and disclosure of personal information when you use our service. We use your data to provide and improve the service. We will not use or share your data with anyone except as described in this Privacy Policy. We align our data protection practices to the key principles prescribed by GDPR and other Data Protection Laws.
This Policy applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”). By using our Apps and services, you agree to the collection and use of information in accordance with this privacy policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.
Where not specifically called out, use of uppercase or lowercase would carry the same meaning.
Updates
We may amend this privacy notice from time to time to keep it up to date. We will notify you via in-app notifications and on our policy webpage when we make any changes to the Privacy Policy. Please regularly check these pages for the latest version of this notice.
Effective Date: 01 December 2022
Version: 1
Content
Do Note
Recent Changes
Definitions
Who are we?
What is My Health Manager App?
How does the Artificial Intelligence chatbot work and is it safe to use?
Who can use the service?
What personal data do we process and how do we use it?
What additional personal data do we process when you use our WhatsApp-based business service?
Non-Personal data collected when using Famhealth My Health Manager Service.
Do we use passive sensing or location data?
How do we share your data with third parties
How do we handle your App password?
What data do we process after taking your Consent?
How do we handle user incidents and requests?
How do we handle data provided during promotions and surveys?
How do we handle your payment data when you subscribe to our services?
What do we process when you follow us on Instagram?
What do we process when you use the android speech-to-text feature?
Additional information when you use the audio-video coach or therapist service.
How do we handle your data when used for research purposes?
What data do we process as part of Gift Card purchase?
Additional information when you apply for employment or internship opportunities at Famhealth.
Your use of third party weblinks
What additional processing is performed?
How do we secure your data?
How long do we retain your data including personal data?
What are Your data protection rights?
Do California residents have specific privacy rights?
What are the controls for Do-Not-Track features?
Can Children under 13 use My Health Manager App?
Who can You contact for additional questions, comments or concerns?
Can Non-English speaking users use the My Health Manager App?
What are some Best Practices to follow to keep Your devices secure?
Changes to this Privacy Policy
Severability and Exclusion
Changes Log
Do Note :
If in a crisis or emergency, please call the relevant emergency number in your country.
The App is not to be used by children under 13 years.
If you are between 13 and 18 years, read the Privacy Policy and Terms of Service with your parents or legal guardian and ask them to provide their consent to use the app at myhealthmanager@famhealth.in
Limit sharing your personal and sensitive data when using the App. We only require the minimal data required to provide our services. Read this privacy policy to understand how we process your data.
The My Health Manager assists you and your family right from understanding your diagnosis and all the way till treatment- for physical and mental health conditions. The service will focus on building understanding, physical and mental wellness and emotional resilience. The underlying principle of the app service is that you have the knowledge and capacity to make informed and desired changes in your life.
The My Health Manager service is a voice, text-based or audio-video based service. It will use person-centred assisted supportive listening and answering. It will use evidence-based techniques to provide empathetic and non-judgmental support. The My Health Manager therapist will listen to your worries, promote positivity and support you in your lifestyle changes. This will help you manage your situation better and build emotional resilience.
When you subscribe to our service, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. My Health Manager mental health coaches or therapists draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help users strengthen their self-esteem and ace through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment or any other regulated service, under our protocols, the mental health professionals focus on motivating them to seek out a locally licensed professional, and help them problem-solve around barriers to access.
My Health Manager well-being coach or My Health Manager therapist services do not replace face-to-face psychotherapy. It is meant to empower and support you and not to treat any illness or a health condition.
The coach or therapist assigned to work with you will be online and remote. They may not be located in your country or state of residence.
The intended use for providing evidence-based tools and techniques is to manage emotions and encourage mental well-being in a self-help and self-monitoring context.
The App is not intended to provide a diagnosis, prognosis, treatment or cure of a condition or disease.
The App will not offer medical or clinical advice and only suggest that you seek medical help.
Your data is stored in databases maintained by us and third parties located in countries other than your country of residence. Some of them may have data protection laws that may be less stringent than those in your country.
The App and its services are primarily in the English language.
Definitions
Anonymization is the process of removing personal identifiers from data sets so that the person can no longer be identified.
Cookie is a small amount of data stored on your device (computer or mobile device).
Data or Information under this Privacy Policy means both personal and non-personal data or information.
Data Controller or Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data Processor or Processor or Service Providers means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.
Data Protection Laws here means in accordance with the Indian Information Technology Act and Reasonable security practices and procedures and sensitive personal data or data rules.
Data Subject (or User/You) means any living individual who is using our service and is the subject of Personal Data
Encryption is the process of transforming data into unreadable text so that it is only legible to those possessing an encryption key.
Personal data or Personal Information means data about a living person who can be identified from the data and/or other information either in our possession or likely to come into our possession.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data.
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific user without the use of additional information.
Non-Personal data or Non-Personal Information means any data that is made anonymous and does not reveal user specific identity.
Sub-Processor/s is a data processor who is sub-contracted some of the personal data processing.
Special Category data includes personal data revealing or concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex-life or a person's sexual orientation.
Who are we?
Famhealth is a private limited company having its registered office in India.
Famhealth is a platform created to help patients and families through various issues related to the holistic health of the family. Get access to hundreds of stories and questions from various people. Share your story with everyone and inspire other members of the community. Join support groups and get help from other folks.
What is My Health Manager App?
With the My Health Manager App you can chat/communicate through a conversational interface and get access to tools and techniques. You can also subscribe to a highly trained and qualified mental well-being professional. The App is available in both iOS and Android app stores, including a web-based AI Coach widget or application. The AI Coach Service over WhatsApp business app is currently piloted only in India. Your interaction with the AI Coach is with an artificial intelligence system and not a human. The intended use of the App is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being as an early intervention tool in a self-help context. Where My Health Manager is a Processor or Sub-Processor, the intended use of the App would be to provide the Institutional services and perform processing at the direction of the Institution (or Controllers). You make the choice of using the AI Coach, based on your own estimate of need, and agree that this is only suitable for basic self-help and self-monitoring. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, treatment or cure for a disease or condition. The AI Coach cannot and will not offer advice on issues it does not recognize. Using the App, you can track and manage your mood, and learn context-sensitive evidence-based techniques that can help you feel better. The App and service is not intended for use in crisis or emergencies or severe mental health conditions. The App and service cannot and will not offer medical or clinical advice. It can only suggest that the user seek medical help.
Who can Use the Service?
You may use the App and services if you are 18 or more.
If between 13 and 18 years, please read and agree to this Privacy Policy and the Terms of Service along with your parent or legal guardian before use. Kindly inform your parent or legal guardian to provide their parental consent by writing to us at myhealthmanager@famhealth.in
This App and services are not meant for those less than 13 years of age.
We do not process any information about criminal convictions and offences. You should also not provide us with any such information during your use of our App and Services.
Institution Users
Organisation, school, university, trust, service, hospital, clinic, research institution or other public or private organisation (“Institution”) may provide My Health Manager App for your use (“Institution User”). This may include but not limited to well-being webinars or group therapy sessions. In such an event, your Institution terms and their privacy policy shall also apply to your use of My Health Manager App and services. In the event of any conflict with such additional terms and privacy policy, My Health Manager’s agreement shall apply. My Health Manager App may carry links to external websites or services managed by third parties. Your Institution and Famhealth may have no control over such external resources. Please refer to the terms and privacy policy provided by the third party sites before use. Please read the instructions from your Institution before using the institution version of the My Health Manager App.
Your institution may specify a different age for your use of the App and Services.
What personal data do we process and how do we use it?
We only use your Personal data for the purposes for which we collected it. We will use it for another reason, only if compatible with the original purpose. We may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. We may process your personal data without your knowledge and consent, where this is required or permitted by law. We ask your consent to access your phone storage to eventually access the files which is required while uploaing the reports. Data in this report is used to provide you with health/medical consultation from the experts
The table lists the personal data processing that we perform.
Personal Data / Data Types Source Processing Purpose Lawful Basis
Android or Apple identifier (app-device identifier) Collected from your device To recognize you as a new or existing user. To create a random user identifier for all transmissions. Perform one-way hash before sharing data for analytic purposes. To associate users to their provided data to provide uninterrupted App and services. To migrate your data to a new device. To process subscription-related requests. To administer your account. To process for addressing your data rights. To comply with applicable law or regulation. To perform our contract with you (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Random user identifier Created by My Health Manager To recognize you as a new or existing user. To provide App and services. To create a random truncated identifier to provide minimal data for internal analytics. To provide additional security. To administer your account. To process your data rights. To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Access or referral code Provided by the user To send deeplinks to directly access the App and Institutional Services. To register you as an Institution user. To authorise access to Institution-agreed services. To provide customized App and services for referred and Institution users. To aggregate data at institution or cohort or user level for analytics purposes. To administer your account. To process your data rights. To perform our contract with you and with your Institution. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Nickname Provided by the user To personalise content on the App and services. To administer your account. To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Device data (Operating system, OS version, device make and model, time-zone) Collected from your device To detect and prevent fraudulent use of or abuse of the service. To resolve issues. To improve App experience and use. To provide service-related information. To remind users of upcoming sessions and events. To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Conversation data (free text messages, accidental identifiers, Clinical questionnaires/assessment and scores, wellness data, voluntary SOS data)
(Clinical questionnaires are a proven way to track progress of your well-being. You have the option to not respond to these assessments)
(Wellness data include voluntarily provided special category health data. You have the option to not share any sensitive physical or mental health-related data.)
Voluntarily provided by the user.
To detect context and ensure continuity in conversation. To detect medical or emergency terms to ensure safe conversations. To provide the right tool, technique and content. To provide and process the information and send program use reports back to your Institution. To detect any SOS or self-harm triggers in messages and to signpost to safety resources. To improve AI algorithm safety. To improve product and service quality and customer experience. To anonymise reports. To anonymise research and analytics data. To share app use reports back to your Institution.
To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Additional Condition for any Special Category data:
Reasons of substantial public interest. For safeguarding of children and individuals at risk.
Conversation data (Spanish language free-text messages with AI Coach-- inadvertent submitted personal identifiers, wellness information) Voluntarily provided by the user. To provide the right tool, technique and content. To detect medicalized terms from wellness data to ensure safe conversations. To improve the safety of our algorithms. To improve product and service quality and customer experience. To provide aggregated and anonymous analytics reporting. To perform anonymous research and analytics. To share app use reports back to your Institution.
To perform our contract with you and in our legitimate interest. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Additional Condition for any Special Category data:
Reasons of substantial public interest. For safeguarding of children and individuals at risk.
Conversation data (text-based or audio-video based messages with a human coach- inadvertent submitted personal identifiers, mental health and wellness information, video profile and background, consent-full name, emergency contact information- phone numbers) Voluntarily provided by the user To provide My Health Manager well-being manager or therapist service. To recommend tools and techniques. To support and encourage self-care. To provide safety related support. To collect explicit consent. To reach out to emergency contacts for your safety. To perform consent-based research and analytics. To improve product and service quality and customer experience.
(Audio-video sessions are not recorded and stored by My Health Manager)
To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Your consent to Health Manager or therapist service.
Additional Condition for Special Category data:
Reasons of substantial public interest. For safeguarding of children and individuals at risk.
Inadvertent submitted personal identifiers (names, location, contacts, email identifiers) Voluntarily provided by the user To take reasonable steps to detect and anonymise personal data. To perform our contract with you (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Communication Information (name, email Identifier, email messages, subscription receipts, feedback messages) Voluntarily provided by the user To respond to your inquiries, requests and feedback. To troubleshoot your issues. To provide and improve customer support services. To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Safety Plan Information (life anchors, safe places, support networks, warning signs, calming activities) Voluntarily provided by the user To ensure availability of safety resources in time of need.
To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Additional Condition for Special Category data:Reasons of substantial public interest. For safeguarding of children and individuals at risk.
Other personal information (age-range, gender) Voluntarily provided by the user To provide age appropriate content, tools and techniques. To provide gender appropriate content in Spanish To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
Network Data (Internet protocol address) Collected from user device by My Health Manager’s Content Delivery Networks (CDN) To store in the CDN database and network logs. To enable access to all images, media and tools provided within the App during use. To enable secured access to both the app and website. To perform our contract with you. (As an end-user, our contract is your agreement to Terms of Service and this Privacy Policy)
(IP address is not linked to the app user identifier and not stored in the App database)
What additional personal data do we process when you use our WhatsApp-based business service?
Non-Personal data collected when using My Health Manager well-being coach or My Health Manager therapist service.
When you schedule a session with your My Health Manager, we collect your date and time preferences to confirm your booking. Your device time zone is collected to calculate your local date and time and schedule a session. It also allows us to send appropriate session reminders.
After you book a session, you have the option to save the booking in your device calendar. This is for your added convenience.
We may ask for your anonymous feedback after the session ends. This is for improving our App and service quality, safety and performance.
Only minimal messages provided to your coach or therapist get used for analysis and audit purposes. Your messages are anonymised before use. This is for improving our well-being coach or therapist service quality.
The Institution Version of the App may carry a link to the institution EAP or health provider instead of or in addition to the My Health Manager. The EAP provider’s terms and privacy policy will apply to use such services.
Do we use passive sensing or location data?
The App does not process any data from your mobile device sensors, including accelerometer, ambient light readings, screen on/off readings and call logs. The App does not process your geolocation at a level that makes your data identifiable. The App may infer your country or state based on your time zone to provide you appropriate resources, such as scheduled reminders.
How do we share your data with third parties?
To provide you with our services, we use third party service providers to help store and process your data. We assess the service provider’s security and privacy practices. We strictly require that they comply with confidentiality and non-disclosure obligations and applicable laws and regulations including relevant Data Protection Laws. We also require that they or their providers (fourth parties) access your data only to the extent necessary to perform tasks on our behalf. We use the following third party service providers.
Cloud Service Providers
To provide the service, we collect, transfer and store your data in secure servers provided by our authorized cloud service providers. You can find more on their security practices here, here and here. We maintain a Data Processing Agreement (DPA) with Standard Contractual Clauses (SCCs) and Business Associate Agreement with our cloud service providers.
Other Service Providers
We use My Health Manager authorized third party service providers to provide our services. List of our service providers include:
Disclosure to Institutions
You may need an access code or link provided by us or your Institution to use the Institution version of the App. Your Institution may also get access to app usage data for their analytic and research purposes based on the consent given by you to your Institution and to us. We may collect your country, division and in some cases your city information to provide aggregated analytics. We do not share your messages with the Institution. Any inadvertent identifiers gets removed prior to the aggregated analysis.
If the App is integrated with your Institution system, your Institution may additionally share your assessment scores with us and likewise, we may share aggregated user data with them. Such assessment scores may be processed by us for providing services to your Institution. Your assessment responses will never be processed for diagnostic purposes or for giving clinical advice.
Processing as per our Legitimate Interests
We may be required to process your personal data in our legitimate interests.. We will always weigh your rights and freedom before we process any such requests for purposes of legitimate interest. These third-party processing includes:
For meeting contractual obligations with your Institution;
For uses and disclosures required by law;
For disclosures for judicial and administrative proceedings;
For disclosures for law enforcement purposes;
For uses and disclosures for public health reporting purposes;
For uses and disclosures to prevent serious threat to health or safety;
For uses and disclosures for minimal research and analytics purposes to study how users use our products and services;
For any service communications relating to your use of App and services;
For uses and disclosures to prevent fraudulent use of or abuse of the service;
For uses and disclosures to take adequate security and privacy safeguards;
For uses and disclosures to ensure App and service availability, accessibility and quality;
For uses and disclosures to protect your data protection rights;
To respond to your enquiries and requests.
Famhealth will never share your conversation data without your explicit consent provided either to us or your Institution.
In the future, if we are involved in any merger, acquisition, sale of assets, business reorganization, bankruptcy, we may transfer or otherwise share some or all of our assets which may include your data. We will take reasonable steps to inform you about this using the following modes.
Public notice on our website and/or
Inform your Institution and/or
Where applicable, send in-app notification and/or
Changes to this privacy policy and in-app notice.
You can always email us at My Health Manager@touchkin.com to exercise your data protection rights.
However, in such an event of sale or transfer, we shall reasonably ensure that your data with us is stored and used by the transferee in a manner that is consistent with this Privacy Policy and applicable Data Protection Laws. Any such third party to whom we transfer shall have the right to continue to use the data that you provide us immediately prior to such transfer or sale. On completion of the sale or transfer, the Privacy Policy of the third party shall apply with respect to your data.
How do we handle your App password?
For your privacy and security, you are advised to set your own App PIN to protect unauthorized access of your conversation messages. Your mobile device screen password is your PIN. To extend your device password, use the "Set Lock " feature under the App settings. You can also remove your PIN using the "Remove Lock” option under settings. The PIN that you use is personal to you, and you are responsible for maintaining the confidentiality and security of your PIN. Please keep your PIN safe and do not share it with anyone. The PIN you set remains in your device and is not collected, transferred and stored in our servers.
What data do we process after taking your Consent?
We take your consent to perform the following processing.
Data Purpose Lawful Basis
Website Cookies, web-based AI Coach widget or web beacon Data (browser type, browser language, operating System, language settings, web page views and the link clicks) To understand website visits and engagement analytics. Use of AWS /GoDaddy operational cookies. To share anonymised event data with 3rd party providers for analytics purposes. Your consent to our Cookie Policy (We do not sell your provided data to any third party)
My Health Manager Website Contact Form (Name, Email ID, inadvertent identifiers in messages) To respond and provide support for your inquiries. Your consent during form submission
App usage data and reports (clinical questionnaires data, wellness data) To process and share app usage and analytics data with your institution or research partner. Your consent with us and/or with your Institution (Agreements are signed with the researcher or Institution)
In-app push notifications To notify you for reminders you have set. To remind you about upcoming sessions and events. Opt-in and Opt-out in App settings or mobile device settings.
Session conversations with manager/therapist To collect minimal anonymised data for research purposes. Consent taken by coach or therapist from you.
AI Coach activity and well-being assessment data To share the data with your My Health Manager or therapist for your safety and support. Authorize / unauthorize in app settings
Promotion event data (email ID) To process the survey. To send programme related information. To enrol and onboard you to the programme. To correspond on programme matters. Your consent given within the AI Coach and forms.
How do we handle user incidents and requests?
There may be occasions where you wish to contact us to seek support or make enquiries. If you contact us directly over email, we will collect minimal personal information to service your request. Your communication data is securely stored in our Workspace account with access to only authorized users. We will only use your data to investigate the issue or request asked. Your email will be retained within our system for a maximum of 10 years since last correspondence. We will not spam you or contact you for any direct marketing. We will not share or sell your personal data with any third party.
Your issues or complaints or requests about the App and services are taken very seriously. You will need to send an email request from your Google or Apple email ID to MyHealthManager@famhealth.in. We will respond to your complaints within 3 business days. Some of your complaints may take longer to resolve. We will continuously provide you with an update until your complaints are satisfactorily resolved.
How do we handle data provided during promotions and surveys?
We do not promote third party offers as a part of the App experience. Your survey submission will never be linked to your My Health Manager App account. Your survey submission will reside in our secure Google Workspace account. Google Workspace provided security can be read here. The Google Workspace account is protected by two step verification. You can opt out at any time from the programme by sending us an email request from your Google or Apple email ID to MyHealthManager@famhealth. We will respond to your request within 3 business days. Your submissions will never be shared with a third party.
How do we handle your payment data when you subscribe to our services?
[The Institution Version of the App may carry a link to the institution EAP or health provider instead of or in addition to the My Health Manager. The EAP provider’s terms and privacy policy will apply to use such services.]
We do not collect, retain and store your personal and card information. Your card processing is handled by third-party payment agencies. We do not collect any personal data from the play stores post-purchase or from any of our third party payment gateway providers. Please read their terms and privacy policy before making a payment. The payment confirmation and subscription details are received and processed by us. This is to support you for your subscription based requests.
Please read your Privacy rights.
Your use of third party weblinks
The App may carry links to third-party websites and resources. When you click on those links, you may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. We encourage you to read the privacy policy and Terms of use of every external link you visit.
What additional processing is performed?
We do not combine and process your personal data with any other third party available data. Your data, messages or usage is not used for direct marketing nor is it sold to advertisers. We will always take your consent before using your name for social proof purposes.
We will update this Privacy Policy and inform you if we perform any additional processing.
How do we secure your data?
The security of your data is important to us. We have implemented adequate technical and organizational safeguards to protect your data. Some of the steps undertaken include:
Privacy by Design and Default
There is no user registration required. We don’t need it hence don’t ask for it.
Only a nickname is sufficient to help us personalize our conversation with you.
Use of pseudonymised identifiers to protect your data and identity
No human has access to or gets to monitor or respond during your chat with the AI Coach.
The AI Coach will always check if it has understood you incorrectly before progressing.
We use algorithms that hash any inadvertent personal identifiers entering our systems.
You can opt-out at any time using the “reset my data” feature available in the App settings.
Security by Design
We use TLS and SSL encryption during transfer and AES-256 protocol at rest.
Random identifiers are used for all data transactions between our servers.
Our systems are secured with role-based access, strong passwords and two-step verification.
We enable endpoint security in all staff systems.
We review and maintain data processing agreements with our service providers.
We have a strict hiring and background verification process in place.
Regular awareness and training are provided to our staff.
Annual 3rd party compliance audits and data protection certifications.
We perform regular penetration tests of our Apps and Infrastructure.
We conduct regular checks to ensure compliance to our policies.
Certifications and Registrations
How long do we retain your data including personal data?
Any identifiers shared in your conversation get hashed within 24 hours within our system.
We may retain your data even after your subscription ends if it is reasonably necessary. This could be in the following situations:
to comply with applicable applicable legal and statutory requirements;
At the request of a returning subscriber;
to respond to your requests
To fulfill processing that is in our legitimate interest.
Where not specified we retain your data for a maximum of 10 years since the end of subscription and as per our information retention policies.
You can also, at any point of time, clear all your conversation data by using the “reset my data” feature available in the App settings. Refer here in our policy for more details.
What are your data protection rights?
You have certain rights under the Data Protection Laws in relation to your Personal data. To exercise any of your rights, you will need to send an email request to the contact information provided here. Please note that we may need to verify you before responding to any requests. After verifying you and examining your request, we will respond to you on the action taken within one calendar month from verification. We may at times be unable to address your request, if we are unable to correctly identify you.
Your individual rights requests may be limited, where:
denial of access is required or authorized by law;
grant of access would have a negative impact on other's privacy;
required to protect our rights and properties;
the request is unjustified or excessive.
Right of access
You have access to view your latest conversations or view your older conversation messages within the Journey tab of the App. You have access to your text-based messages with a My Health Manager well-being coach or therapist in the Coach or Therapist tab of the App. If you exercise your right to be forgotten and reset your data, you will lose the right to access your data as it will be permanently deleted.
Users can write to us at MyHealthManager@famhealth.in for any clarifications or requests around their right to access.
Where Users have subscribed to a Service, you have the right to obtain your personal data that you provided as per our Agreement or where you consented to give us. After verifying, we will provide access to your personal data in a machine-readable format. We may at times be unable to address your request, if we are unable to correctly identify you.
Right to rectification
If your personal data is inaccurate or incomplete, you can write to us to correct or complete it. If we share your personal data with third parties, we will inform them about the correction where possible.
Right to restrict processing
You can write to us to restrict processing of your personal data, where you contest the accuracy of the data or object to our processing it. If we share your personal data with third parties, we will inform them about the restrictions where possible.
Right to object
You may write to us and object to the processing of your personal data where we apply our legitimate interest. We may stop unless we can demonstrate compelling legitimate grounds for the processing.
Right to data portability
If you are a paid subscriber of our services, you can place a request to transfer your data from your older device to your replaced mobile device. If you are not a paid subscriber, we will need to accurately verify you, before we can process your request. We may at times be unable to address your request, if we are unable to correctly identify you.
Right to Erasure
When you use the service, you have the option to reset your data by using the “Reset my data” feature in the App settings. Reset my data deletes all your submitted data including your identifiers, past conversations, reminders, assessment responses and enabled settings. Post reset, you will not be able to recover your past data and you will be considered as a new user of the App. Hence, this feature is to be used at your discretion. If you are a paid subscriber, your transactional data and messages will be deleted on reset. However your active subscription, purchased through third parties like google play, iTunes, etc., will continue to exist post reset of data.
You can also write to us to delete or remove your personal data, such as when you withdraw your consent.
Right in relation to automated decision-making and profiling
You have the right to be free from decisions based solely on automated processing of your personal data, including profiling, which may have a significant effect on your rights and freedom, unless such profiling is necessary for entering into, or the performance of our Agreement or with your explicit consent.
Right to withdraw Consent
To the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
Right to Breach notification
In the event of a breach of your personal data, we will notify you within 72 hours or as required by Data Protection Laws.
Right to address Concerns and Complaints
If you have any concerns or grievances about this Privacy Policy you will need to send an email request from your Google or Apple email ID to MyHealthManager@famhealth.in with Attn. to our Head-Compliance and designated Data Protection Officer (DPO). We will respond to you within 48 hours and help resolve your concerns or complaints.
Famhealth / My Health Manager Terms & Conditions
Please read these terms of use (“Terms”), a legal agreement between Famhealth Private Limited, a company incorporated under the Companies Act, 2013, having its principal place of business at 39 SFS Shivalik Apartment Alakhnanda, Near NRI Complex, New Delhi – 110019, INDIA (Hereinafter “Famhealth” including its affiliates and agents) of the one part and Healthcare Professionals (hereinafter referred to as “Healthcare Professional”) and Users (hereinafter referred to as “Users”) (Healthcare Professionals and Users collectively referred to as “You”, “Yours”) of the other part.
These Terms shall govern use of and access to http://www.famhealth.in (the “Website”), the “Famhealth” technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) consisting of hardware and / or software, and other services as may be introduced by Famhealth from time to time (hereinafter “Website” and “Application” collectively referred to as “Software”). Famhealth is the owner of the Software offered to the Healthcare Professionals and Users.
Please carefully go through these Terms and the privacy policy available at http://www.famhealth.in (“Privacy Policy”) before you decide to access or use the Software made available by Famhealth. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Famhealth in connection with Your access and use of the Software.
By clicking “sign up” or the “I accept” tab at the time of registration, or by entering into an agreement with Famhealth or through the continued use or accessing the Software, You agree to be subject to these Terms.
We request You to please read these Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website, Applications and Services unless You agree fully with these Terms.
1. Definitions
As used in the Terms, the following shall have the meaning set forth below:
“Effective Date” means the Date on which You accept these Terms by clicking “Sign Up” “I Accept” or entering into an agreement with Famhealth.
(ii) “Healthcare Professionals” are professionals such as Doctors, Nutritionists, Dieticians, Medical Practitioners who have valid licenses/registrations, are eligible and qualified to practise in India or other jurisdictions in the world.
(iii) “Healthcare Professionals Information” means the information provided by the professionals pertaining to their name, qualification, experience, specialization, registration/license, educational or professional experiences.
(iv) “Famhealth Information” shall mean and include information and educational material shared by Famhealth on the Famhealth Software including information provided by Healthcare Professionals by way of responses to questions/queries raised by Users relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families in interviews conducted by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), chat messages, Famhealth App., social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness.
(v) “Users” means a person who could be a patient, caretaker of a patient, family member or any third party who has downloaded and registered on the Famhealth App.
(vi) “User Information” means information regarding Users which includes personal and medical information such as details of the medical condition they or their family members or third parties are suffering from , including photographs, and any other information which may be provided by Users to the Healthcare Professionals or Famhealth by using the Famhealth App. or directly to the Healthcare Professional.
2. Registration on the Famhealth Website and/or Famhealth App As Healthcare Professional:
In order to be able to register as a Healthcare Professional on Famhealth App., Healthcare Professionals represent and warrant that: (a) they are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against the Healthcare Professional(s); (c) The Healthcare Professional is duly registered/possess a valid license, are eligible and qualified to practise in India or other jurisdictions in the world and (d) most importantly they will need to register by creating an account (“Account”) and provide accurate and complete registration information (including, but not limited to a User name, e-mail address, password they will use to access the Famhealth App.) and to keep the registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of the Account.
As Users:
In order to access and use the features available on the Website and/or Famhealth Application offered by Famhealth and for availing services offered on the Website and/or Famhealth Application, Users will need to accept the Terms and then create a login account (“Account”) wherein Users will need to provide personal details and details about the history of the medical condition Users wish to seek information about from the Healthcare Professionals. Users represent, warrant and covenant that Users will provide accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password Users will use to access the Website and Famhealth Application and to keep the registration information accurate and up-to-date.
In order to be able to register as Users on the Website and/or Famhealth Application, Users represent and warrant to Famhealth that: (a) Users are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against the User and (c) most importantly that all the information provided at the time of registration is correct, verified and true. Both Healthcare Professionals and Users:
You shall not (a) create any Account for anyone other than yourself without such person’s prior written permission; (b) use a User Name that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
At this stage, use of the Website and Famhealth Application is free. Famhealth does not charge any fee for browsing and/or usage of the Website and Famhealth Application to Users and Healthcare Professionals. Famhealth may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event, Famhealth reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policies shall be posted on the Website and/or Famhealth Application and such changes shall automatically become effective immediately after they are posted on the Website and/or Famhealth Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
3. Grant of Rights
Famhealth owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, Confidential Information, patent and other proprietary rights in and to the Famhealth App., the present or future modifications / upgradations thereof and standard enhancements thereto. Healthcare Professionals and Users hereby acknowledge that Famhealth owns all rights, title and interest including all Intellectual Property Rights of whatever nature (including without limitation all copyright, trademarks, service marks, design rights, trade secrets, moral rights) in the Famhealth Information i.e. interviews taken by Famhealth of the Healthcare Professionals or Users, throughout the world free of all encumbrances and on an irrevocable basis for the full period of copyright and any extensions and renewals in perpetuity. Famhealth has the absolute right and freedom to share the interview via all media and formats including print, digital, electronic etc. whether in existence now or created in the future.
Famhealth, grants the Healthcare Professionals and Users a non-exclusive, personal, non-transferable, limited right to have access to and use the Famhealth Software, including the Website, Famhealth App. and services offered therein for the duration you are registered as a Healthcare Professional or User. Except as expressly permitted under these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of the software embodied in the Famhealth App. is strictly prohibited. These Terms do not and shall not transfer any ownership or proprietary interest in the Famhealth App. to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties. Famhealth hereby states that the User Information and Healthcare Professional Information provided on the Famhealth App. is proprietary to and owned by the Users and Healthcare Professionals respectively and is provided to Famhealth and Healthcare Professionals or Users under license.
4. Use of the Famhealth App.:
By Healthcare Professionals:
Healthcare Professionals may use the Famhealth App. to register and create their Account and access the various features and services available on the Famhealth App. and upload information such as name, qualification, experience, specialization, registration/license, educational or professional experiences., health related information and educational material, etc.
Healthcare Professionals may receive highly sensitive User Information such as medical history records, reports, test results etc. through texts, images, videos over the chat feature of the Famhealth App. and you hereby undertake that the same will not be disclosed to any third party.
Healthcare Professionals may use Famhealth App. for receiving and responding to queries, to provide health related information and educational material by way of responding to questions/queries raised by Famhealth, and Users relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families.
Healthcare Professionals may use the Famhealth App. to offer healthcare advise through interviews conducted by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), chat messages, Famhealth App., social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness. The Healthcare Professionals shall be solely responsible for the content of the videos and the opinion expressed in the interviews, video chats or chats in the Famhealth App. Healthcare Professional shall not use the Famhealth App.or any feature provided therein for any purpose not intended under the Terms. Healthcare Professional will not permit any third party to have access to the Famhealth App. or to use the Famhealth App.
Healthcare Professionals acknowledge that the Website and Famhealth Application is an informative platform only. Famhealth is not in the business of providing healthcare services or hospital services. Healthcare Professionals also acknowledge that the opinions and views shared by the Healthcare Professionals accessible on and via Famhealth App. are that of the Healthcare Professionals and that the Healthcare Professionals are only sharing their views and opinions and are not dispensing medical advice nor prescribing any treatment. The opinion and views shared by the Healthcare Professionals are not to be treated as a substitute for diagnosis, treatment, or care of disease by a medical provider.
By Users:
Users may use the Software to create Login Account and access the various features and services available on the Website and/or Famhealth Application and upload information containing their name, medical history, records, reports, services needed, etc. Users may use the Software to share details of the medical condition in respect of which they wish to seek advice or ask any health related questions on the Website and or Famhealth App. and obtain responses to such questions and interact with Healthcare Professionals through the Website, Famhealth Application, chats, videos etc.
Users may use the Famhealth App. to watch, hear or read about health related information and educational material, receiving or sharing responses to questions/queries raised by Users to Healthcare Professionals relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families. Users may use the Famhealth App. to watch, hear or read healthcare advise from Healthcare Professionals interviewed by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness.
Users acknowledge that the Website and Famhealth Application is an informative platform only. Famhealth is not in the business of providing healthcare services or hospital services. Users also acknowledge that the opinions and views shared by the Healthcare Professionals accessible on and via Famhealth App. are that of the Healthcare Professionals and that the Healthcare Professionals are only sharing their views and opinions and are not dispensing medical advice nor prescribing any treatment. The opinion and views shared by the Healthcare Professionals are not to be treated as a substitute for diagnosis, treatment, or care of disease by a medical provider.
Famhealth encourages Users to independently verify any information that Users see on or receive from anyone including Healthcare Professionals or other Users on the Software. Users will use the Website and Famhealth Application and the features therein only in relation to and in compliance with all applicable Indian laws and only in respect of the purpose mentioned herein under this Agreement. We at Famhealth (i) do not recommend or endorse any Healthcare Professional mentioned on the Website and Famhealth Application; and (ii) do not make any representations or warranties with respect to Healthcare Professionals or the quality of the healthcare or other services they may provide, and (iii) do not grade Healthcare Professionals. Users agree that they will obtain all relevant consents and approvals prior to posting or providing any User Content.
Users acknowledge that they are solely responsible for the contents that Users upload or share on the Famhealth App. Users acknowledge that they will not use this Software or any feature provided therein for any purposes not intended under this Agreement. Users will not permit any third party to have access to the Software or to use the Software without Famhealth’s prior written consent. Users will not deliberately use the Software in any way that is unlawful or harms Us, our directors, employees, affiliates, distributors, partners, Healthcare Professionals and/or data or content on the Software. Common to Users and Healthcare Professionals
Healthcare Professionals and User’s use of Famhealth App. shall be subject to the following restrictions (a) You will not delete or modify any content on the Famhealth App. including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos; (b) You will not decompile, reverse engineer, or disassemble the Famhealth App., or remove any copyright, trademark registration, or other proprietary notices from the Famhealth App. You further agree not to access or use Famhealth App. in any manner that may be harmful to the operation of the software or its content; (c) You will not use Famhealth App. and / or services in any way that is unlawful, or harms Famhealth or any other person or entity, as determined in Famhealth’s sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet and (e) You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5. Representations By Healthcare Professionals:
Healthcare Professionals represent that the information provided by them regarding their credentials as a registered or licensed Healthcare Professional on Famhealth App. and qualification, experience, area of specialization etc are true and verified.
Healthcare Professionals hereby certify that they will offer advice and services in full earnest and all honesty to the best of their professional capabilities.
Healthcare Professionals agree that Famhealth may terminate their access to or use of the Famhealth App. at any time if Famhealth is unable at any time to determine or verify the information provided by them at the time of or post registration.
Healthcare Professionals represent that they will not delegate work to any third party irrespective of their capability to handle such queries.
Healthcare Professionals represent and warrant that they will, at all times during the use of the Famhealth App. and thereafter, comply with all laws directly or indirectly applicable to Healthcare Professionals that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.
Notwithstanding the generality of the aforementioned provision, Healthcare Professionals represent and warrant that they will not use the User Information for any other purpose than as provided under the Terms. They represent that they will not share any User Information with anyone without the express and documented consent of the User and Famhealth. Healthcare Professionals represent that they shall not use the Famhealth App. in violation of any applicable laws including Medical Ethics Regulations or any other code of conduct governing their profession. It shall be Healthcare Professionals duty and responsibility to obtain, maintain and sustain valid registration, recognition, high quality and standard of the services and healthcare offered by Healthcare Professionals and to have all statutory/mandatory licenses, permits, approvals, of the concerned authorities under or as per existing laws.
Healthcare Professionals represent that they are only sharing their own views and opinions and are not dispensing medical advice nor prescribing any treatment. The opinion and views shared by Healthcare Professionals on the Famhealth App. are not to be treated as a substitute for diagnosis, treatment, or care of disease by a medical provider. Healthcare Professionals, agree to indemnify, defend, and hold harmless Famhealth, its affiliates, staff, employees, directors, and agents, from and against any and all damage, liability, claims, cost or expense, including reasonable attorney fees, arising out of or occurring in connection with any injury, bodily harm or death caused to a User or any third party by relying or acting upon the views or opinions provided by Healthcare Professionals on or via the Famhealth App. Healthcare Professionals represent that by offering their opinion or views on the Software they are not in violation of any law, regulations, and code of conduct governing their profession.
Healthcare Professionals undertake and agree that any liability arising due to any default or negligence in providing medical advice via the Famhealth App., Website, chats, videos, blogs or services offered by Famhealth shall be borne exclusively by Healthcare Professionals and they shall alone be responsible for the defect and/or deficiencies in rendering such services.
6. Personal Information
We may collect various personal information from You when You use the Website and or the Famhealth Application.
Our Privacy Policy available at http://www.famhealth.in sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information or User Information which you provide at the time of registration or any time thereafter.
When You click on the ‘I accept’ or ‘I agree’ tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
Famhealth may disclose Your Personal Information in accordance with applicable law.
7. Role of Famhealth:
(i) Famhealth shall provide a platform connecting Users who wish to view, hear or read opinions of Healthcare Professionals relating to information on treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families dealing with some medical issues, to post queries on the Famhealth App. to Healthcare Professionals.
Famhealth’s role is limited to a) providing a platform for the Users to seek information, opinions from Healthcare Professionals through the Software, b) providing a platform to Users to seek answers to health related questions, c) providing a platform for sending and receiving responses to queries posed by you and to interact with the Healthcare Professionals through the Website, Famhealth Application, chats, videos etc., d) providing a platform to watch, hear or read healthcare advise from Healthcare Professionals interviewed by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness. Famhealth’s limited role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Famhealth is merely providing a platform to the Healthcare Professionals and the Users and thus has no responsibility and / or liability in respect of the content and transactions being shared on the Famhealth App. including any User Information, advice or opinion of Healthcare Professionals and interactions between Healthcare Professionals and the Users on the Famhealth App.
Famhealth does not have the obligation to pre-screen or monitor the opinions, advice or information being shared by the Healthcare Professionals on the Famhealth App. at any time. Famhealth, however, may elect to monitor and remove any information provided by the Healthcare Professional from the Famhealth App. if Famhealth determines in its sole discretion that such information provided by Famhealth is in violation of the Term or any applicable law and best practices. Such actions do not in any manner negate or dilute Famhealth’s position as an intermediary or impose any liability on Famhealth with respect to any information provided by the Healthcare Professional.
If Famhealth suspects any illegal, wrongful or fraudulent activity on the FamHealth App. by any Healthcare Professional, notwithstanding any other rights Famhealth may have, it reserves the right to inform the relevant government or law enforcement authorities. Famhealth will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Famhealth does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
8. Confidential Information:
(i) You will treat all information received from Famhealth, Users and/or Healthcare Professionals on the Famhealth App as confidential. You may not disclose such confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in the Terms, You may not, at any time, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, staff or consultants who have a need to use it for the purposes permitted under the Agreement only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with this Terms.
(ii) You agree that Famhealth will suffer irreparable harm if You fail to comply with the obligations set forth in this Section, and You further agree that monetary damages will be inadequate to compensate Famhealth for any such breach. Accordingly, You agree that Famhealth will, in addition to any other remedies available to Famhealth at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
9. Limitation Of Liability:
NOTWITHSTANDING THE ABOVE, IN THE EVENT FAMHEALTH SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND FAMHEALTH AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY FEES RECEIVED BY FAMHEALTH FROM YOU IN THE PRECEDING TWELVE MONTHS OR INR 5000 WHICHEVER IS LOWER. YOU AND FAMHEALTH AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FAMHEALTH. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, FAMHEALTH WOULD NOT PROVIDE ACCESS TO THE FAMHEALTH APP. TO YOU.
10. Indemnification :
By Healthcare Professionals:
Healthcare Professionals agree to indemnify, defend, and hold harmless Famhealth, Our affiliates, staff, employees, directors, and agents, from and against any and all damage, liability, claims, demand, actions, suits, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, arising out of or occurring in connection with: (a) any injury, bodily harm, death due to negligence or otherwise, caused to a User by relying or acting upon any advise provided by Healthcare Professional accessible on or via the Famhealth App.; and (b) any breach by Healthcare Professional of any representations or warranties contained in the Terms.
By Users:
Users agree to hereby indemnify, defend, and hold Famhealth, Famhealth’s agents, employees, representatives and other authorized users (other Users or Healthcare Professionals), harmless from and against any and all losses, damages, liabilities and costs arising from (i)Users misuse of the Software and (b) any breach by User of any representations or warranties contained in the Terms.
11. Modification; Suspension:
We may update or change the Software and/or the Terms and/ or levy service fee for using this Software (Service Fee) from time to time and recommend that You review these Terms on a regular basis. You understand and agree that Your continued use of the Software after the 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 Software, We may post notice on the Website or notify You via email of any such change.
We may terminate the provision of Software to You immediately upon notice to You: (i) if You are named as a defendant in a criminal proceeding for a violation of national or state law; (ii) if a finding or stipulation is made or entered into that You have violated any standard or requirement of national or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (iii) You cease to be qualified to be a Healthcare Professional, or We are unable to verify Your qualifications as notified to Us under these Terms. Upon termination, You will cease to use the Software and We will terminate Your access to the Software.
Upon termination for any reason, You will remove all Software provided under Terms from Your computer systems, You will cease to have access to the Software, and You will return to Us all hardware, software and documentation provided by or on behalf of Us.
12. Third Party Websites:
You may be provided with links on the Website or Famhealth Application that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). Famhealth does not endorse any Third Party Websites that You may be directed to from the Website.
(iii) Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Famhealth is not responsible for Your use of any Third Party Websites.
13. Governing Law And Jurisdiction:
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India. The Courts in Delhi will have exclusive jurisdiction.
14. Arbitration:
Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, or to Your use of the Famhealth App. or its features or the information to which it gives access, shall be determined by Arbitration in India, before a sole arbitrator appointed by Famhealth, and as per the provisions of the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Terms.
15. General Provisions:
Severability: If any provision of the Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Terms and the remainder of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. Each Party acknowledges:
(a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
16. Customer Support and Grievance Officer
If a User has any questions concerning Famhealth, the Website, the Terms, the Famhealth App., or anything related to any of the foregoing, Famhealth customer support can be reached at the following email address: support@famhealth.in or via the contact information available on the Famhealth website. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website, Famhealth App. or the service, including any discrepancies and grievances with respect to processing of information, you can contact:
Grievance Officer: Famhealth Private Limited, Email: contact@famhealth.in Telephone: +918527640640 (Ask to be connected to the Grievance Officer).