Health Care At Home Private Limited (hereinafter "HCAH") recognizes the importance of privacy of its users and of maintaining confidentiality of the information provided by its users as a responsible data controller and data processor.
This Privacy Policy provides for the practices for handling and securing user's Personal Information (defined hereunder) by HCAH and its subsidiaries and affiliates.
This Privacy Policy is applicable to any person ('User') who purchases, intends to purchase, or inquire about any product(s) or service(s) made available by HCAH through any of HCAH's customer interface channels including its website, mobile site, mobile app & offline channels including call centers and offices (collectively referred herein as "Sales Channels").
For the purpose of this Privacy Policy, wherever the context so requires "you" or "your" shall mean User and the term "we", "us", "our" shall mean HCAH. For the purpose of this Privacy Policy, Website means the website(s), mobile site(s) and mobile app(s).
By using or accessing the Website or other Sales Channels, the User hereby agrees with the terms of this Privacy Policy and the contents herein. If you disagree with this Privacy Policy, please do not use or access our Website or other Sales Channels.
This Privacy Policy does not apply to any website(s), mobile sites and mobile apps of third parties, even if their websites/products are linked to our Website. User should take note that information and privacy practices of HCAH's business partners, advertisers, sponsors or other sites to which HCAH provides hyperlink(s), may be materially different from this Privacy Policy. Accordingly, it is recommended that you review the privacy statements and policies of any such third parties with whom they interact.
This Privacy Policy is an integral part of your User Agreement with HCAH and all capitalized terms used, but not otherwise defined herein, shall have the respective meanings as ascribed to them in the User Agreement.
B. USERS OUTSIDE THE GEOGRAPHICAL LIMITS OF INDIA
Please note that the data shared with HCAH shall be primarily processed in India and such other jurisdictions where a third party engaged by HCAH may process the data on its behalf. By agreeing to this policy, you are providing HCAH with your explicit consent to process your personal information for the purpose(s) defined in this policy. The data protection regulations in India or such other jurisdictions mentioned above may differ from those of your country of residence.
If you have any concerns in the processing your data and wish to withdraw your consent, you may do so by writing to the following email id: wecare@hcah.in.
However, if such processing of data is essential for us to be able to provide a service(s) to you, then we may not be able to serve or confirm your bookings after your withdrawal of consent. For instance, if you make a booking (service or equipment), then certain personal information of yours like contact details, gender, baseline assessment, signs and symptoms, previous medical record which may require specific attention or facility etc. may have to be shared by us with our vendors, and they may further process this information for making suitable arrangements for your treatment plan.
A withdrawal of consent by you for us to process your information may:
severely inhibit our ability to serve you properly and in such case, we may have to refuse the booking of the service altogether, or
unreasonably restrict us to service your booking (if a booking is already made) which may further affect your treatment plan or may compel us to cancel your booking.
C. TYPE OF INFORMATION WE COLLECT AND ITS LEGAL BASIS
The information as detailed below is collected for us to be able to provide the services chosen by you and to fulfill our legal obligations as well as our obligations towards third parties as per our User Agreement.
"Personal Information" of User shall include the information shared by the User and collected by us for the following purposes:
Registration on the Website: Information which you provide while subscribing to or registering on the Website, including but not limited to information about your personal identity such as name, gender, marital status, religion, age etc., your contact details such as your email address, postal addresses, frequent flyer number, telephone (mobile or otherwise) and/or fax numbers. The information may also include information such as your banking details (including credit/debit card) and any other information relating to your income and/or lifestyle; billing information payment history etc. (as shared by you).
Other information: We many also collect some other information and documents including but not limited to:
Transactional history (other than banking details) about your e-commerce activities, buying behavior.
Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
Data available in public domain or received from any third party including social media channels, including but not limited to personal or non-personal information from your linked social media channels (like name, email address, friend list, profile pictures or any other information that is permitted to be received as per your account settings) as a part of your account information.
Information pertaining any other patient(s) for who you make a booking through your registered HCAH account. In such case, you must confirm and represent that each of the other patient(s) for whom a booking has been made, has agreed to have the information shared by you disclosed to us and further be shared by us with the concerned service provider(s).
If you wish to avail our services, you will be required to provide your identity documents like PAN Card, Aadhaar card, driving license, voter ID or any other permissible document for us to be able to provide you with the auto-check in facility.
D. HOW WE USE YOUR PERSONAL INFORMATION
The Personal Information collected maybe used in the following manner:
While making a booking:
While making a booking, we may use Personal Information including payment details which include cardholder name, credit/debit card number (in encrypted form) with expiration date, banking details, wallet details etc. as shared and allowed to be stored by you. We may also use the information of peoples' list as available in or linked with your account. This information is presented to the User at the time of making a booking to enable you to complete your bookings expeditiously.
We may also use your Personal Information for several reasons including but not limited to:
confirm your reservations with respective service providers;
keep you informed of the transaction status;
send booking confirmations either via sms or Whatsapp or any other messaging service;
send any updates or changes to your booking(s);
allow our customer service to contact you, if necessary;
customize the content of our website, mobile site and mobile app;
request for reviews of products or services or any other improvements;
send verification message(s) or email(s);
Validate/authenticate your account and to prevent any misuse or abuse.
contact you on your birthday/anniversary to offer a special gift or offer.
Surveys:
We value opinions and comments from our Users and frequently conduct surveys, both online and offline. Participation in these surveys is entirely optional. Typically, the information received is aggregated, and used to make improvements to Website, other Sales Channels, services and to develop appealing content, features and promotions for members based on the results of the surveys. Identity of the survey participants is anonymous unless otherwise stated in the survey.
Marketing promotions, research, AND programs:
Marketing promotions, research, and programs help us identify your preferences, develop programs, and improve user experience. HCAH frequently sponsors promotions to give its Users the opportunity to win great treatment services and treatment related benefits. Personal Information collected by us for such activities may include contact information and survey questions. We use such Personal Information to notify contest winners and survey information to develop promotions and product improvements. As a registered User, you will also occasionally receive updates from us about fare sales in your area, special offers, new services, other noteworthy items (like savings and benefits on treatment plans in virtual, at-home, or transition care center facilities) and marketing programs.
In addition, you may look forward to receiving periodic marketing emails, newsletters and exclusive promotions offering special deals.
From time to time we may add or enhance services available on the Website. To the extent these services are provided, and used by you, we will use the Personal Information you provide to facilitate the service(s) requested. For example, if you email us with a question, we will use your email address, name, nature of the question, etc. to respond to your question. We may also store such Personal Information to assist us in making the Website the better and easier to use for our Users.
HCAH may from time-to-time launch reward programs by way of which users may stand to win travel related rewards or other rewards. We may use your Personal Information to enroll you in the rewards program and status of the same will be visible each time you log in to the Website. Depending on the reward program, each time you win a reward, HCAH may share your Personal Information with a third party that will be responsible for fulfilling the reward to you. You may however choose to opt out of such reward programs by writing to us. For various purposes such as fraud detection, offering bookings on credit etc., we at times may verify information of customers on selective basis, including their credit information. Additionally, HCAH may share your Personal Information, anonymized and/ or aggregated data to a third party that HCAH may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing and assessing credit worthiness for offering bookings on credit.
E. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
HCAH will retain your Personal Information on its servers for as long as is reasonably necessary for the purposes listed in this policy. In some circumstances we may retain your Personal Information for longer periods of time, for instance where we are required to do so in accordance with any legal, regulatory, tax or accounting requirements.
Where your personal data is no longer required, we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business.
We retain your personal information for as long as is necessary to provide the services to you and others, and to comply with our legal obligations. We retain some of your personal data for legitimate and legal purposes such as security, fraud prevention, or regulatory compliance. For example, we may keep records of your transactions, communications, or disputes. If you no longer want us to use your personal information or to provide you with the services, you can request that we erase your personal information and close your account. Please note that if you request the deletion of your personal information we still can retain information from deleted accounts as necessary for our legitimate business interests.
F. COOKIES AND SESSION DATA
Cookies
HCAH uses cookies to personalize your experience on the Website and the advertisements that maybe displayed. HCAH's use of cookies is like that of any other reputable online companies.
Cookies are small pieces of information that are stored by your browser on your device's hard drive. Cookies allow us to serve you better and more efficiently. Cookies also allow ease of access, by logging you in without having to type your login name each time (only your password is needed); we may also use such cookies to display any advertisement(s) to you while you are on the Website or to send you offers (or similar emails – provided you have not opted out of receiving such emails) focusing on destinations which may be of your interest.
A cookie may also be placed by our advertising servers, or third-party advertising companies. Such cookies are used for purposes of tracking the effectiveness of advertising served by us on any website, and to use aggregated statistics about your visits to the Website in order to provide advertisements on the Website or any other website about services that may be of potential interest to you. The third-party advertising companies or advertisement providers may also employ technology that is used to measure the effectiveness of the advertisements. All such information is anonymous. This anonymous information is collected using a pixel tag, which is an industry standard technology and is used by all major websites. They may use this anonymous information about your visits to the Website to provide advertisements about goods and services of potential interest to you. No Personal Information is collected during this process. The information so collected during this process, is anonymous, and does not link online actions to a User.
Most web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. HCAH supports your right to block any unwanted internet activity, especially that of unscrupulous websites. However, blocking HCAH cookies may disable certain features on the Website, and may hinder an otherwise seamless experience to purchase or use certain services available on the Website. Please note that it is possible to block cookie activity from certain websites while permitting cookies from websites you trust.
Automatic Logging of Session Data:
Each time you access the Website your session data gets logged. Session data may consist of various aspects like the IP address, operating system and type of browser software being used and the activities conducted by the User while on the Website. We collect session data because it helps us analyze User's choices, browsing pattern including the frequency of visits and duration for which a User is logged on. It also helps us diagnose problems with our servers and lets us better administer our systems. The aforesaid information cannot identify any User personally. However, it may be possible to determine a User's Internet Service Provider (ISP), and the approximate geographic location of User's point of connectivity through the above session data.
G. WITH WHOM YOUR PERSONAL INFORMATION IS SHARED
Service Providers and suppliers:
Your information shall be shared with the end service providers like healthcare professionals, Transition Care Center staff, Medical Equipment rent/purchase suppliers, medicine delivery service providers, or any other suppliers who are responsible for fulfilling your booking. You may note that while making a service booking with HCAH you authorize us to share your information with the said service providers and suppliers. It is pertinent to note that HCAH does not authorize the end service provider to use your information for any other purpose(s) except as may be for fulfilling their part of service. However, how the said service providers/suppliers use the information shared with them is beyond the purview and control of HCAH as they process Personal Information as independent data controllers, and hence we cannot be made accountable for the same. You are therefore advised to review the privacy policies of the respective service provider or supplier whose services you choose to avail.
HCAH does not sell or rent individual customer names or other Personal Information of Users to third parties except sharing of such information with our business / alliance partners or vendors who are engaged by us for providing various referral services and for sharing promotional and other benefits to our customers from time to time basis their booking history with us.
Companies in the same group:
In the interests of improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliate or associate entities. This will enable us to provide you with information about various products and services, which you might require; or help us address your questions and requests in relation to your bookings.
If the assets of HCAH are acquired, our customer information may also be transferred to the acquirer depending upon the nature of such acquisition. In addition, as part of business expansion/development/restructuring or for any other reason whatsoever, if we decide to sell/transfer/assign our business, any part thereof, any of our subsidiaries or any business units, then as part of such restructuring exercise customer information including the Personal Information collected herein shall be transferred accordingly.
Business partners and third-party vendors:
We may also share certain filtered Personal Information to our corporate affiliates or business partners who may contact the customers to offer certain products or services, which may include free or paid products/services, which will enable the customer to have better healthcare experience or to avail certain benefits specially made for HCAH customers. Examples of such partners are entities offering co-branded credit cards, health insurance, or similar sensitive information etc. If you choose to avail any such services offered by our business partners, the services so availed will be governed by the privacy policy of the respective service provider.
HCAH may share your Personal Information to third party that HCAH may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, and data processing platforms.
We use non-identifiable Personal Information of Users in aggregate or anonymized form to build higher quality, more useful online services by performing statistical analysis of the collective characteristics and behavior of our customers and inquirers, and by measuring demographics and interests regarding specific areas of the Website. We may provide anonymous statistical information based on this data to suppliers, advertisers, affiliates, and other current and potential business partners. We may also use such aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their websites. Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including without limitation the commercial sale thereof to third parties.
Occasionally, HCAH will hire a third party for market research, surveys etc. and will provide information to these third parties specifically for use in connection with these projects. The information (including aggregate cookie and tracking information) we provide to such third parties, alliance partners, or vendors are protected by confidentiality agreements and such information is to be used solely for completing the specific project, and in compliance with the applicable regulations.
Disclosure of information:
In addition to the circumstances described above, HCAH may disclose User's Personal Information if required to do so:
by law, required by any enforcement authority for investigation, by court order or in reference to any legal process;
to conduct our business;
for regulatory, internal compliance and audit exercise(s)
to secure our systems; or
to enforce or protect our rights or properties of HCAH or any or all of its affiliates, associates, employees, directors or officers or when we have reason to believe that disclosing Personal Information of User(s) is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
Such disclosure and storage may take place without your knowledge. In that case, we shall not be liable to you or any third party for any damages howsoever arising from such disclosure and storage.
H. USER GENERATED CONTENT
HCAH provides an option to its users to post their experiences by way of reviews, ratings, and general poll questions. The customers also have an option of posting questions w.r.t a service offered by HCAH or post answers to questions raised by other users. HCAH may also hire a third party to contact you and gather feedback about your recent service booking with HCAH. Though the participation in the feedback process is purely optional, you may still receive emails, notifications (app, SMS, WhatsApp or any other messaging service) for you to share your review(s), answer questions posted by other users or a. The reviews may be written or in a video format. The reviews written or posted may also be visible on other healthcare related platforms.
The UGC that HCAH collects may be of the following kinds:
Review and Ratings
Question and Answers
Crowd Source Data Collection (poll questions).
Each User who posts review or ratings, Q&A, photographs shall have a profile, which other Users will be able to access. Other Users may be able to view the number of services availed, reviews written, questions asked and answered and photographs posted.
I. HOW CAN YOU OPT-OUT OF RECEIVING OUR PROMOTIONAL E-MAILS?
You will occasionally receive e-mail updates from us about fare sales in your area, special offers, new HCAH services, and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the "unsubscribe" link or follow the instructions in each e-mail message.
J. PERMISSIONS REQUIRED FOR USING OUR MOBILE APPLICATIONS
When the HCAH app is installed on your phone or tablet, a list of permissions appears and are needed for the app to function effectively. There is no option to customize the list. The permissions that HCAH requires and the data that shall be accessed and its use is as below:
Android permissions:
Device & App history: We need your device permission to get information about your device, like OS (operating system) name, OS version, mobile network, hardware model, unique device identifier, preferred language, etc. Basis these inputs, we intend to optimize your travel booking experience, use OS specific capabilities to drive great in-funnel experiences using components of device's OS, etc.
Identity: This permission enables us to know about details of your account(s) on your mobile device. We use this info to autofill your email ID's and provide a typing free in-funnel experience. It helps us map email IDs to a particular user to give you the benefit of special offers on our healthcare services. It also allows facilitating your Facebook and Google+ login.
Location: This permission enables us to give you the benefit of location specific deals and provide you a personalized in-funnel experience. When you launch HCAH app to make a service booking, we auto-detect your location so that your nearest airport or city is auto-filled. We also require this permission to recommend you nearest Transition Care Centers. Your options are personalized basis your locations.
SMS: If you allow us to access your SMS, we read your SMS to autofill or prepopulate 'OTP' while making a transaction and to validate your mobile number. This provides you a seamless purchase experience while making a booking and you don't need to move out of the app to read the SMS and then enter it in the app. SMS is also used to show a customer the upcoming PNR status confirmation.
Phone: The app requires access to make phone calls so that you can make phone calls to healthcare professionals, Transition Care Center, directly through the app.
Contacts: If you allow us to access your contacts, it enables us to provide a lot of social features to you such as sharing your status of recovery with your family etc. This information will be stored on our servers and synced from your phone.
Photo/ Media/ Files: The libraries in the app use these permissions to allow map data to be saved to your phone's external storage, like SD cards. By saving map data locally, your phone doesn't need to re-download the same map data every time you use the app. This provides you a seamless Map based service selection experience, even on low bandwidth network.
Wi-Fi connection information: When you allow us the permission to detect your Wi-Fi connection, we optimize your experience such as more detailing on maps, better image loading, more healthcare services/professionals to choose from, etc.
Device ID & Call information: This permission is used to detect your Android ID through which we can uniquely identify users. It also lets us know your contact details using which we pre-populate specific fields to ensure a seamless booking experience.
Calendar: This permission enables us to put your healthcare plan on your calendar.
Camera: This permission enables you to use your camera from within the application to upload a new profile picture, upload an image for sharing reviews and also allows you to take videos to upload as video reviews on our application. This permission will also enable you to scan QR codes for easy UPI payments.
Video/Audio:This permission enables you to upload videos on our application or to submit video reviews of your Healthcare treatment plan and thereby providing you with new ways of providing reviews of your experience on our application. The audio permission enables us to ensure that the video content that you upload has a clear audio in its background.
Phone Number:We need the permission of access to phone number to provide a seamless login experience, to optimize your travel booking experience and to enable you to obtain UPI services and to prevent fraud in some cases on our application.
IMEI/IMSI: This permission enables us to identifying different users uniquely and helps us to prevent frauds on our application.
Subscription Information: Your subscription information enables us to provide you a seamless experience depending upon your network and to optimize the application's performance.
SIM Serial Number: This permission enables us to read your sim serial number and helps us in authenticating your mobile number for UPI registration. It helps us to ensure that the mobile number you are using is present on your device that you are using to register for UPI.
Bluetooth: This permission enables us to provide you services of the third parties that make available certain features of their products/services on our application. The permission specifically enables our third-party service providers whose services you book on the application to permit you to lock and unlock your self-driven vehicles seamlessly.
IOS Permissions:
Notifications: If you opt in for notifications, it enables us to send across exclusive promotional offers, new service-related updates, etc. on your device. If you do not opt for this, updates for your travel like PNR status, booking confirmation, refund (in case of cancellation), etc. will be sent through SMS.
Contacts: If you opt in for contacts permission, it enables us to provide a lot of social features to you such as sharing your progress with your family, sending across referral links to your contacts, etc. This information will be stored on our servers and synced from your phone.
Location: This permission enables us to give you the benefit of location specific deals and provide you a personalized in-funnel experience. When you launch our app to make a healthcare service booking, we auto-detect your location so that your nearest Transition Care Center is auto-filled. We require this permission to recommend your nearest Recovery centers. Your options are personalized based on your location. For international travel, this enables us to determine your time zone and provide information accordingly.
Siri: Permission to access "Siri" is required to enable you to make cab bookings through "Siri" on the HCAH app.
Camera & Photo Library: The access to your camera is required to enable you to be able to click, review, and upload your profile photo. Alternately, access to your photo library is required for to enable you to upload an existing photograph as a profile picture.
K. HOW WE PROTECT YOUR PERSONAL INFORMATION?
All payments on the Website are secured. This means all Personal Information you provide is transmitted using TLS (Transport Layer Security) encryption. TSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
L. WITHDRAWAL OF CONSENT AND PERMISSION
You may withdraw your consent to submit any or all Personal Information or decline to provide any permissions on its Website as covered above at any time. In case, you choose to do so then your access to the Website may be limited, or we might not be able to provide the services to you. You may withdraw your consent by sending an email to wecare@hcah.in.
M. YOUR RIGHTS QUA PERSONAL INFORMATION
You may access your Personal Information from your user account with HCAH. You may also correct your personal information or delete such information (except some mandatory fields) from your user account directly. If you don't have such a user account, then you write to wecare@hcah.in.
N. ELIGIBILITY TO TRANSACT WITH HCAH
You must at least 18 years of age to transact directly with HCAH and to consent to the processing of your personal data.
O. CHANGES TO THE PRIVACY POLICY
We reserve the rights to revise the Privacy Policy from time to time to suit various legal, business and customer requirement. We will duly notify the users as may be necessary.
You may always submit concerns regarding this Privacy Policy via email to us at wecare@hcah.in. HCAH shall endeavor to respond to all reasonable concerns and inquires.
HCAH Terms and Conditions for Caregiver Service
HCAH (Healthcare at Home India Pvt. Ltd.) continuously strives to create excellence in service delivery model by keeping people centricity at the core, technology led processes & innovation and consistently deliver best possible clinical outcomes to every patient we service. Cooperation from the patient and family members is utmost important in achieving the mission. Please review this agreement carefully, as it describes understanding between you ('Patient') and HCAH ('Agency') regarding the services you have requested. Our authorized representative can provide clarifications on the content of this agreement.
I/Patient's Nok was explained clearly about the services in detail by the HCAH representative.
The differences of different categories and their deliverables.
Shift timings are as mentioned as agreed upon the onboarding time.
Every admission in HCAH will have to undergo a standard process of care assessment, hand holding and supervisory visits as per standard protocols.
Staff will be allotted for each patient as per the care requirements and to cover during the assigned staff's week offs and emergency leaves, duties shall be allotted to other staff as per availability.
During unavoidable situations, services would be kept on hold for said time and resume once the alternative sources are arranged.
Services will be delivered as per advance booking and service agreement.
Related to payment for services:
The estimated amount will be paid in advance and recurrent deposits for next cycle of services.
An extra amount will be charged in case of continuation of same staff on their off /leaves/ Public Holidays.
At times care requirements may increase or decrease based on the patient condition.
Extra amount will be charged towards consumables used by the staff to provide care.
Transportation charges may vary if the patient is traveling to different locations and would like to have staff accompanied.
During the service if the staff is injured by any reason, family will take complete responsibility of the treatment of the staff.
During service, any equipment used or supplied by HCAH shall incur cost. It is the responsibility of family to provide all the required conditions for efficient equipment usage.
All the changes due should be paid before the time of discharge of the patient.
In case of non-payment by the patient/Nok , HCAH has a right to stop services until the payment is received. Patients are regularly updated their payment status as per availed services.
Monitoring and Follow-up:
I/Patient's Nok understand that my service requests/needs will be reviewed by the Supervisor as needed, and that the service(s) may be changed according to requirements.
Your signature and /or your representative's signature below indicate that you and/or your representative have read, understand, and agree with the terms and conditions of this Service Agreement.
Medical records- At the end of the service, the Nursing Supervisor will be responsible to collect the relevant data and you/ your representative will be provided with a closure report.
General Terms and Conditions for HCAH Care Services that is valid and applicable during the tenure of availing the Services:
This Agreement shall come into force on the Effective Date and shall remain in force for a period of one year from the date of signing or till the date the services are availed, whichever is earlier, unless extended by mutual consent or terminated in accordance with the terms hereof.
No cash will be paid directly to the staff, unless authorized by appropriate personnel.
The professional service fee quoted herein is inclusive of all taxes payable by the HCAH staff in any jurisdiction but exclusive of goods and services tax.
The HCAH staff will only render those Services which have been expressly agreed upon by the Parties under this Agreement. No variation of this Agreement shall be valid unless it is in writing (which, for this purpose, does not include email) and signed by or on behalf of each of the Parties.
During the term hereof, all the basic amenities (such as proper boarding and lodging facility) required for stay at the Beneficiary premises will be provided for the staff, at the Beneficiary's sole cost and expense.
The HCAH staff will not do any domestic and/or household chores such as cleaning, cooking, etc.
Regular food and beverages must be served to the HCAH staff at appropriate times and in adequate quantity. Also, adequate resting/sleeping time for the HCAH staff is to be ensured.
The Beneficiary and their family members shall treat the HCAH staff with due respect.
As per extant Indian labour laws, the HCAH staff shall be eligible for one day of leave for every 15 days of Services rendered. In case the employee is not availing the leave and extends services, they will be suitably compensated.
During the term of this Agreement, HCAH reserves the right to replace the HCAH staff engaged in the Services, provided that such HCAH staff is replaced with another who is similarly qualified. If the HCAH staff is not found suitable for valid reasons, the same will be brought to the attention of HCAH who will make efforts to find a suitable replacement within 7 working days.
Either Party may terminate this Agreement for convenience by giving a prior written notice of 24 (twenty-four) hours to the other Party or at any time with the mutual consent of the Parties.
Either Party may terminate this Agreement forthwith, if the other Party fails to perform its obligations hereunder or is in material breach of any terms and conditions of this Agreement.
In case of early termination of this Agreement, all payments owing from Beneficiary to the staff, or refunds due from the staff, shall become due and payable, and legally enforceable, upon termination hereof and balance advance if any, will be refunded on a pro-rata basis as per the lock-in term mentioned in FCF (Financial Counselling Form).
The Beneficiary or their family members shall not, during the term here of and for 12 (twelve) months after the expiry or termination hereof, either directly or indirectly, either on their own behalf or by or through any other person, hire, solicit, canvass, or entice away the HCAH staff for itself or any other person or entity. In case of any breach hereof, damages equivalent to three months payment will be recovered from the beneficiary.
This Agreement shall only be valid till the beneficiary is alive. In case of death of the beneficiary during the term hereof, the Agreement shall be deemed to have expired immediately. No refund can be claimed or made in case of death, or shifting to another location.
This Agreement shall be governed by and interpreted in accordance with the laws of India. Any dispute arising out of or relating to this Agreement, shall be subject to the jurisdiction of the courts in New Delhi.
Terms and Conditions of HCAH staff Services:
Safety is the Beneficiary's highest priority, but Beneficiary acknowledges that the Services performed hereunder contain inherent risks of infection /injury/death for the Beneficiary. By agreeing to receive the Services, Beneficiary agrees that he/she accepts that he/she shares in the responsibility to maintain Beneficiary's safety by his/her own actions or conduct, and that Beneficiary knowingly and willingly accept these risks completely.
HCAH shall in no circumstance be liable to the Beneficiary as a result of any infection/ injury/death as a result of providing the Services during the term hereof.
HCAH shall not be liable to Beneficiary whether in contract or otherwise for infection, injury, death, any direct loss or damage including financial loss, or for any indirect, special or consequential loss or damage and Beneficiary hereby forever discharges HCAH of and from all actions, causes of actions, suits, debts, obligations, claims and demands whatsoever which he/she has or hereafter can, shall, or may have.
Regardless of cause, Beneficiary shall be liable for and indemnify HCAH from and against any and all claims, arising out of personal injury, illness, infection, death, or property loss or damage suffered by and Beneficiary, his/her next of kin or any person in the Beneficiary's premises.
Beneficiary shall be liable for and indemnify HCAH from and against any and all claims arising out of personal injury, illness, infection, death or property loss or damage suffered by third parties or the beneficiary, to the extent attributable to the negligence of Beneficiary, his/her next of kin or any other person on the Beneficiary's premises.
The above-mentioned indemnity shall be binding on the Beneficiary's heirs, executors and legal representatives.
If you have any Concerns/ Feedback/ Suggestions/ Complaints regarding your care or services, you may talk to the staff providing your care or contact Service excellence desk at wecare@hcah.in or call at 9121325553
I acknowledge that I have read and understood the information mentioned above in all the documents.