NiceHMS provides secure online, easy-to-use access to personal health records enabling its users and their families to maintain their medical records and other important documents, such as birth certificates, insurance policies in one secure, central location and instantly access them anytime, anywhere using the Internet.
NiceHMS offers this website, including all information, software, products, mobile applications and services available from this website or offered as part of or in conjunction with this website (collectively “the Website”) to you (“the User”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.
“Account” is the account successfully opened by the User on the Website based on information as required to be entered during the registration process, and includes any further changes to the information made by the User from time to time.
“Customer” is any User that has completed the Registration Process and avails the Services of NiceHMS.
“NiceHMS” is .https://www.nicehms.com, its assignees, successors-in-interest, its franchisees or any other such person or entity authorized in writing to operate on and on behalf of the company.
“Fee” is the price prescribed by NiceHMS for the Services as notified on its Website from time to time.
“Record” is any information or document shared and uploaded by the User/Customer on the Website including but not limited to personal health records, birth certificates, and insurance policies.
“User” is any person who accesses the Website.
references to any term in the singular shall include references to the plural number and vice versa;
words denoting one gender include all genders; and
You, the User must be an Indian citizen, 18 years or older, or the legal age to form a binding contract in the jurisdiction of your residence, if such age is greater than 18 years of age, to become a Customer and to use NiceHMS Services. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio.
You, the User, understand and state that you have all rights and permissions as per the prevailing Indian laws to possess, share and disseminate Records on the Website. You, the User, understand and acknowledge that you are solely responsible for the accuracy, integrity and completeness of your Records.
- The use of this Website entitles the Customer to avail certain services as provided in the following sections (“Services”) and interpretation of the term “Services” shall be according to the context.
- NiceHMS offers its Customers the following Services:
- a secure Website for the User to share and upload Records, and search, retrieve and share such uploaded Records;
- the facility of sharing their documents with NiceHMS through their registered email address, and allowing them to be uploaded by NiceHMS for use as specified in Section IV.2.a;
- a Website which enables Customers to track their vital health parameters, set reminders and make brief notes based on their Records;
- the optional facility to contact NiceHMS personnel or specified third-party service providers to pick up a Customer’s Records to a well-defined physical location to be uploaded by NiceHMS personnel for use as specified in Section IV.2.a;
- the optional facility to contact NiceHMS personnel or specified third-party service providers to scan a Customer’s Records at a well-defined physical location to be uploaded by NiceHMS personnel for use as specified in Section IV.2.a;
- the optional facility to contact NiceHMS personnel or specified third-party service providers to download specified Records on to a device, including but not limited to a CD or a flash drive, and to request that such device be sent to a well-defined physical location;
- the optional facility to courier documents to a well-defined specified physical address to NiceHMS personnel or specified third-party service providers to scan and upload such documents and create Records on the Website on behalf of the Customer for use as specified in Section IV.2.a.
- The Service(s) mentioned in the Agreement, and any other services proposed to be added to such repertoire from time-to-time may be offered to Users and Customers for a Fee.
- Users are only entitled to the following activities on the Website:
- Viewing publicly-accessible information on the Website including information about NiceHMS, and the description of the various Services offered by NiceHMS.
- Providing feedback and write to NiceHMS’s customer care personnel from the Website.
- Beginning the Registration Process to become a Customer;
- Opting to receive updates via email/app notifications/text message/phone calls/letters upon providing contact information to NiceHMS to be routinely informed of NiceHMS’s Services.
- Accessing NiceHMS’s periodically updated blog on personal health and healthcare, and which may introduce NiceHMS’s latest Services, tips and guidance on how Customers can maximize their experience of the Services and how Users may make use of the Website, and other related information.
- Unless specifically agreed upon by the NiceHMS, the Services provided to the Customer are non-transferable and only the person on whose name the Services are booked can avail of such Services.
- The Customer is required to carry photo-identification document if it is availing any Services which requires a physical interaction with NiceHMS personnel to verify the identity of the Customer.
VI. Restrictions on Use
- Users/Customers shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by NiceHMS:
- for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
- in a manner that will infringe the intellectual property rights, publicity, privacy or confidentiality of others or other personal rights of others, or
- that is defamatory, slanderous, libellous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- that is false or misleading; or
- that harasses or advocates harassment of another person.
- Users/Customers are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Violations of system or network security may result in civil or criminal liability.
- In addition to the above, Users/Customers shall not use the Website or NiceHMS’s Services to:
- modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;
- reformat or frame any portion of the web pages that are part of the Website and/or Service;
- remove any intellectual property rights, copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
- create User accounts by automated means or under false or fraudulent pretence;
- create or transmit unwanted electronic communications such as “spam” to other Users/Customers of the Website and/or Service or otherwise interfere with other User’s or User’s enjoyment of the Website and/or Service;
- use any crawler, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by NiceHMS or the Website;
- copy or store any content offered on the Website for other than your own use;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- make use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on NiceHMS’s IT infrastructure.
VII. Remedies with NiceHMS
- Users/Customers understand and agree that NiceHMS has the requisite authority to review any content on the Website including Records for the purposes specified in the Agreement displayed on the Website and agreed upon and to determine whether Users/Customers are adhering to the policies and terms and conditions defined in the Agreement.
- If NiceHMS determines, in its sole discretion, that the User or Customer has violated any terms of the Agreement, NiceHMS reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service. Such the reserves the right, without notice and in its sole discretion, to terminate a User’s/Customer’s license to use the Website and/or Services, and/or to block or prevent future access to and use of the Website or Services, and/or initiate appropriate legal action.
- The Company shall also be entitled to investigate occurrences which may involve such violations and may and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/Customers who are involved in such violations.
VIII. Registration Process
A User must complete the Registration Process as provided below to become a Customer and to avail the NiceHMS’s Services:
The User must register with NiceHMS using an email address as a login id and create a secure password as required by the internal security policies of the Website.
Registration is a pre-requisite for Users to create an Account and entails the provision of inter alia the following basic details such as full name, date of birth, sex, email address, city, zip/postal code and phone number.
Only after completing the Registration Process, the Users become Customers and become entitled to avail the Services, subject to payment of the Fee if required.
The Website may provide the facility of “masking” which allows Customers to hide or keep confidential or not to fill any information except the information which are considered mandatory by NiceHMS and which will indicated by asterisks (“*”). NiceHMS further reserves the right to seek further information if in its sole view such information is necessary for the provision of Services or completeness of its records or mandated by any applicable laws or regulations.
The Users understand and agree that NiceHMS may screen and verify the information provided by the User or Customer and at its sole discretion, and modify the information requested during or form for the Registration Process and may ask for further information even after Registration Process. NiceHMS may in its sole discretion, close the Account, if any information provided is found to be false, incomplete or the information provided is insufficient.
IX. Payment of Fee
NiceHMS shall endeavour to provide its Users and Customers with facilities/gateways to pay the Fee through credit cards (American Express, Visa and MasterCard), debit cards (Visa and MasterCard), cash cards, cash and internet banking.
Where the payment of Fee is through the Internet, it is understood and agreed by the User/Customer that the provision of Services shall only commence after the Fee has been successfully transferred to NiceHMS’s bank account.
NiceHMS reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
NiceHMS reserves the right to refuse or cancel any order placed for a Service that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment has been made by the User/Customer. In the event the payment has been processed by NiceHMS, it will be credited/refunded to the User’s/Customer’s bank account within a reasonable time period.
It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and NiceHMS.
It is understood and agreed by the User/Customer that in no event whatsoever, NiceHMS shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fee shall be the sole responsibility of the User/Customer.
The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website. Further, NiceHMS reserves the right to change the Fee upon its sole discretion without any prior notice to the User/Customer.
X. Refund and Cancellation Policy
If the Customer wishes to cancel/modify any Services requested, it may do so 48 hours in advance of the commencement of provision of such Services, subject to cancellation/modification charges as prescribed by NiceHMS. The User/Customer can contact NiceHMS through e-mail id email@example.com for any information about and to seek any cancellation and refund.
NiceHMS will have the sole discretion to approve any request by a User/Customer for a refund and the mode of such refund of fees.
NiceHMS is not responsible or liable for the delay or cancellation of its Services where: (a) there is a delayed receipt of Fee through the third-party payment gateway made available on the Website, (b) if the payment of Fee is refused or declined by the Customer’s bank for any reason, (c) the transaction has failed or has been declined for any reason whatsoever.
In all cases where a request for cancellation of a Service has been approved by NiceHMS, and the Service has been made available upon payment of a Fee, NiceHMS will retain 20% of such Fee as a cancellation fee. NiceHMS reserves the right to change the cancellation fee upon its sole discretion without any prior notice to the User/Customer.
The refund (if approved by NiceHMS) will be processed within 15 business days from the date of approval.
Every effort is made to keep the Website up and running smoothly, and in accordance with all applicable laws, rules, standards and regulations. However, NiceHMS takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond its reasonable control.
Further, NiceHMS may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s/Customer’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work.
Without prejudice to any other provisions of the Agreement, NiceHMS shall not be liable to indemnify the User/Customer for any loss or/and damage or/and costs or/and expense that the User/Customer may suffer or incur, and no fees or/and charges payable by the User/Customer to NiceHMS shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XIII. Term and Termination
NiceHMS may terminate the Agreement with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:
where the Account remains unused for a period of 2 years or more; or
if, in the opinion of NiceHMS or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User/Customer for any reason.
XIV. Liabilities Upon Termination
XVI. Copyright Dispute Policy
If NiceHMS believes in good faith any material on its Website has been illegally copied or is posted, uploaded or made accessible through the Website or Services and distributed by any advertisers, its affiliates, content providers, members or Users; it may send an infringement notice and remove and discontinue Services to offenders. The infringement notice sent by NiceHMS is without prejudice to its rights to proceed against the offender by filing a lawsuit in the appropriate court of law on ground of such infringement.
While NiceHMS strives to update and display accurate content on the Website, no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability are made with respect to the Website or the information, products, Services, or related graphics contained on the Website for any purpose. Thus, the Website is provided by NiceHMS on an “as is” basis the company and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Website, provision of Services or software or the information, content, materials, or products included on the Website or in association with the services. To the fullest extent permissible by applicable law, NiceHMS disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. the company and its licensors and aff iliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Website. NiceHMS is not responsible for the conduct, of any User or Customer. NiceHMS does not warrant or covenant that the services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the services and access to the Website is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the services or the Website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from the company, the Website or through or from the services, the information, content, materials, or products on the Website shall create any warr anty not expressly stated herein.
All the contents of this Website are only for general information or use. The contents of the Website, including NiceHMS’s blog, are for informational purposes only. No information on the Website is intended as a substitute for professional medical advice, diagnosis, or treatment. NiceHMS does not recommend or endorse any specific tests, doctors, hospitals, products, procedures, opinions, or other information that may be mentioned on the Website, and categorically states that any such reliance by a User or Customer is solely at their own risk. NiceHMS always recommends that Users and Customers seek the advice of a doctor or other qualified healthcare providers with any questions you may have regarding a medical condition.
NiceHMS has a periodically updated blog, and may also introduce several fora for Customers and Users with similar interests or questions can share information and support one another. Any information, including but not limited to Confidential Information, Records, and sensitive information, shared by a User or Customer on any online community area is solely at their risk, may also show up in third-party searches, and is not private. If such information has been inadvertently posted on such blogs or public fora on the Website, and a User or Customer would like it removed, write to us at care@NiceHMS.com. Please note that there may be some limited circumstances under which NiceHMS will not be able to remove your information.
NiceHMS does not have any control over third-party links which are displayed on the Website and is therefore not responsible for the protection and privacy of your information on these third-party websites. The inclusion of any third-party links, unless specifically stated, does not imply a recommendation or endorsement of the views expressed within them.
Since NiceHMS acts only as a service portal for the Users/Customers, it shall not have any liability whatsoever for any aspect of the payment between the third party and the Customer/User.
NiceHMS maintains its Website and all privacy and security procedures and protocols in accordance with applicable laws, rules, regulations and standards. In no event, shall NiceHMS be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for any loss whatsoever arising out of or in any way connected with the use or performance of the Website.
NiceHMS is not responsible for the delay or inability to use the Website or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on technical issues, contract, tort, negligence, strict liability or otherwise. The User/Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable laws.
XVIII. Limitation on Liability
NiceHMS’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
To create an Account and in some other circumstances, NiceHMS may require information provided by the User/Customer. NiceHMS is committed to ensuring that the User’s/Customer’s privacy is protected. Any information sought and provided in these circumstances on the Website will only be used in accordance with the Agreement and applicable laws, rules, regulations and standards.
NiceHMS has already put in place procedures in accordance with legal and industry standards to safeguard and secure a User’s/Customer’s sensitive and Confidential Information. NiceHMS currently runs, checks and tests its Website to ensure that it is not prone to any attacks from known viruses, malware, bloatware, trojans and spyware. However, it is strongly recommended that any User/Customer on the Website runs its own antivirus program when it accesses the Website or downloads any content from it.
NiceHMS is not responsible for and accepts no liability for any damage to a User’s/Customer’s computer system or loss of data caused by using the Website or claimed to be arising as a result of having used the Website.
NiceHMS requires this information to understand a User’s/Customer’s needs and customize the Website according to them, improve its products and service and for other reasons such as data analytics, internal record keeping, to periodically send promotional emails and/or notifications about new products, special offers or other information, market research purposes and the creation of an aggregate, anonymized database. Users/Customers specifically consent to and understand that, during or after their use of the Services, NiceHMS has your permission to use their information as a part of the aggregate, anonymized database as allowed under prevailing Indian laws and that NiceHMS may gain monetarily from such distribution.
NiceHMS may contact a User/Customer by email, notifications, phone, fax or mail in furtherance of any of the terms of the Agreement and inter alia to customise the Website according to their interests.
Where a User/Customer believes that such information is not necessary for the provision of Services, the User/Customer may request control the collection or use of your personal information by indicating (where available) that they do not want the information for marketing purposes. The User/Customer can also write to NiceHMS at care@NiceHMS.com, where no such option is available, to revoke any such permission previously given to NiceHMS about use of such information, which request may be considered by NiceHMS as long as it does not affect the provision of Services.
NiceHMS has systems and personnel to analyze content shared and uploaded by Users and Customers on the Website. This analysis occurs as Records are shared, uploaded, received, and when it is stored on the Website, and is permissible under prevailing laws. Analysing the content helps NiceHMS improve and tailor its Services and Website for you, create an aggregate and anonymized database, and allows it to develop new Services which are relevant to your needs. Additionally, the Website may ask for permission to store cookies on a User’s/Customer’s computer. Cookies are only stored for statistical analysis purposes. These cookies helps analyse web traffic and help improve Services by allowing customizations of the Website to the User’s/Customer’s preferences. A cookie in no way gives access to a computer or any additional information, other than the data shared by the User/Customer. Access to cookies can be denied during the installation of the cookies by modifying the settings on a web brows er, however this may prevent Users and Customers from taking full advantage of the Website.
NiceHMS reserves the right to maintain records of the account history of its Customers, including without limitation all billing information and payment history, where applicable, and communications. NiceHMS will maintain these records on its secure servers in an encrypted form. However, your transactions details where Services are rendered upon the payment of a Fee may be preserved by NiceHMS for purposes of tax or regulatory compliance as per applicable laws in India.
NiceHMS reserves its right to change these policies periodically by updating this page. Write to us at care@NiceHMS.com if you have any concerns with the current policy or any changes NiceHMS may make in the future.
For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the “Disclosing Party”) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions in accordance with applicable laws, rules, regulations and standards to protect the Confidential Information from any third party.
Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of NiceHMS, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
The User/Customer has access to only its own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User/Customer may edit or amend such data and information from time to time, if NiceHMS provides such an option.
All Confidential Information voluntarily revealed by the User/Customer, is done at the sole discretion and risk of the User/Customer. NiceHMS shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
If the User/Customer is neither a genuine User/Customer nor an intended recipient and is using or accessing the Website to gain Confidential Information and if such a User/Customer/third party has obtained access to the Confidential Information, it shall be a flagrant breach of this Agreement. Any use or divulgence of such Confidential Information by such User/Customer/third party, shall entitle NiceHMS to inquire and investigate and seek legal remedy against such User/Customer/third party.
Force Majeure : NiceHMS is not liable for failure to perform any of its obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this NiceHMS is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or may e-mail NiceHMS at care@NiceHMS.com.
XXIII. Communication with and by User/Customers
When you visit the Website or use it to send emails/text messages, provide information or communicate to us, you understand and agree that you are creating electronic records. You hereby provide your consent to receive communications via electronic records from us periodically or as and when required. Further, you allow NiceHMS to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.