Driefcase Health-Tech Private Limited 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.

Driefcase Health-Tech Private Limited 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 App”) to you (“the HealthCare Provider”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.

Your continued use of the App constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms of Use made by DRiefcase. If you are unwilling to be bound by these Terms of Use, please do not access the App and/or use DRiefcase’s Services.

These "Terms of Use” and all other policies on the App, including but not limited to the terms consented to during the Registration Process, (collectively “Agreement”) constitute a binding agreement between you and DRiefcase, and is accepted by you upon your use of the App.

I. Definitions

  1. “Account” is the account successfully opened by the HealthCare Provider on the App based on information as required to be entered during the registration process, and includes any further changes to the information made by the HealthCare Provider from time to time.
  2. “Confidential Information” means any information whether oral, written or digital, or provided, disclosed, furnished, prepared before, on or after accepting the present Terms of Use, which is not publicly available, forms parts of sensitive personal information submitted by DRiefcase/Healthcare Provider/Patient/HealthCare Provider, only accessible and known to certain persons, including DRiefcase, relevant data submitted at the time of Registration with DRiefcase to avail its Services.
  3. “Customer” is any HealthCare Provider that has completed the Registration Process and avails the Services of DRiefcase, including Patient, where applicable.
  4. “DRiefcase” is DRiefcase Health-Tech Pvt. Ltd., 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.
  5. “Fee” is the price prescribed by DRiefcase for the Services as notified for the App from time to time.
  6. “Patient” is the recipient of any service of the HealthCare Provider for whom a Record is generated after providing relevant health or medical services for the recipient.
  7. “Record” is any information or document including but not limited to personal health records, medical records, prescriptions, birth certificates, and insurance policies. This information is thereafter uploaded and shared by the HealthCare Provider on the App.
  8. “Registration Process” is the series of steps which a HealthCare Provider must complete to register an Account on the App, including but not limited to acceptance of the Terms of Use mentioned in the App.
  9. “Service" is the collectively the various services offered by DRiefcase as enumerated in Section IV of the Terms of Use, and any such other packages which DRiefcase may be introduced from time to time through the App.
  10. “HealthCare Provider” is any individual or organisation providing healthcare services in compliance with all the laws and regulations of India, and using Services of Driefcase through the App as defined under Clause III (2) of the Terms of Use of the National Health Portal and the Ministry of Health and Welfare website: www.nhp.gov.in. HealthCare Provider will be referred to as “HealthCare Provider”, “healthcare provider”, “you” or “your” in the Terms of Use.

II. Interpretation

In the Terms of Use, unless specified otherwise or repugnant in context:

  1. Headings are inserted for ease of reference only and do not define or limit any of the provisions of the Terms of Use;
  2. Sections, recitals, clauses and sub-clauses are to sections, recitals, clauses and sub-clauses of the Terms of Use.
  3. References to any term in the singular shall include references to the plural number and vice versa;
  4. Words denoting one gender include all genders; and
  5. Any reference in the Terms of Use to a statutory provision automatically includes any regulation made in pursuance thereof, amendment and re-enactment, whether before or after the date of the Terms of Use.
III. Eligibility

  1. By using the App and/or the Services, you represent and warrant that you have the requisite right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to DRiefcase that you will use the App in accordance with and consistent with any and all applicable laws and regulations.
  2. To become a HealthCare Provider of DRiefcase Services you must be either of the following:
    1. An Indian citizen of 18 years or older, working as a licensed health care professional, an allied health professional, a community health worker, any or other person trained and knowledgeable in medicine, nursing or other allied health professions, or public/community health workers like , Accredited Social Health Activist (ASHA), Auxiliary Nurse Midwife (ANM), midwives, paramedical staff, OT/lab/radio-diagnostic technicians, or other recognised medical health practitioner duly authorised under Indian laws and regulations to provide preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities. The individual must be competent to enter into a binding contract to avail of DRiefcase services. Membership or use of this App is void where prohibited by applicable law or regulation, and the right to access the App will be deemed to be revoked in such jurisdictions ab initio.
    2. A hospital, clinic, health centre, medical laboratory, pathology laboratory, radiology diagnostic center, nursing home, poly-clinic, primary care centers duly authorised under Indian laws and regulations to provide preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities. The institution must be competent to enter into binding contract to avail of DRiefcase services
  3. You understand and affirm that you have all rights and permissions as per the prevailing Indian laws to possess, share and disseminate Records of your Patient on the App. You, understand and acknowledge that you are solely responsible for the accuracy, integrity and completeness of the Records uploaded by you.

IV. Services
  1. The use of this App 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.
  2. DRiefcase offers its Customers the following Services:
    1. A secure App for the HealthCare Provider to upload and share Records of its Patients who can access their Records.
    2. A facility to create profiles of the HealthCare Provider’s Patients for whom Records can be uploaded and shared.
    3. A facility in the App to search, retrieve and share such uploaded Records; A facility in the App for HealthCare Providers to view Records and other documents uploaded and shared by Patients through the App for use as specified in Section IV.2.a;
  3. 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 HealthCare Providers and Customers for a Fee.

  4. HealthCare Providers are only entitled to the following activities on the App:
    1. Uploading Records on the App, Sharing Records with the Patient for whom a Record in generated and viewing Records uploaded by the Healthcare Provider or shared by the Patient.
    2. Create and modify profiles of Patients whose Records are uploaded.
    3. Viewing publicly-accessible information on the App including information about DRiefcase, and the description of the various Services offered by DRiefcase.
    4. Providing feedback and write to DRiefcase’s customer care personnel from the App.
    5. Follow all steps in the Registration Process to become a HealthCare Provider.
    6. Opting to receive updates via email/app notifications/text message/phone calls/letters upon providing contact information to DRiefcase to be routinely informed of DRiefcase’s Services.
    7. Accessing DRiefcase’s periodically updated blog on personal health and healthcare, and which may introduce DRiefcase’s latest Services, tips and guidance on how Customers can maximize their experience of the Services and how HealthCare Providers may make use of the App, and other related information.
  5. Unless specifically agreed upon by DRiefcase, 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.
  6. The Customer is required to carry photo-identification document if it is availing any Services which requires a physical interaction with DRiefcase personnel to verify the identity of the Customer.
V. Restrictions on Use
  1. HealthCare Providers/Customers shall not use the App in order to transmit, distribute, store or destroy material, content including without limitation content provided by DRiefcase:
    1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
    2. in a manner that will infringe the intellectual property rights, publicity, privacy or confidentiality of others or other personal rights of others, or
    3. that is defamatory, slanderous, libellous, obscene, threatening, abusive or is offensive to HealthCare Providers of the App, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    4. that is false or misleading; or
    5. that harasses or advocates harassment of another person.
    6. Where consent for uploading and sharing of Records has not been given or is revoked by the Patient.
  2. HealthCare Providers/Customers are also prohibited from violating or attempting to violate the security of the App, 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 HealthCare Provider/Customer, host or network, including, without limitation, via means of submitting a virus to App, 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. DRiefcase reserves its rights to take civil and/or criminal action in case any person violates its system or network security.
  3. In addition to the above, HealthCare Providers, Customers and/or any other person shall not use the App or DRiefcase Services to:
    1. modify, adapt, translate, or reverse engineer any portion of the App and/or Services;
    2. reformat or frame any portion of the web pages that are part of the App and/or Service;
    3. remove any intellectual property rights, copyright, trademark or other proprietary rights notices contained in or on the App and/or Service;
    4. create HealthCare Provider accounts by automated means (Eg. Bots, Crawlers, etc) or under false or fraudulent pretence;
    5. create or transmit unwanted electronic communications such as "spam" to other HealthCare Providers/Customers of the App and/or Service or otherwise interfere with other HealthCare Provider's or HealthCare Provider's enjoyment of the App and/or Service;
    6. use any crawler, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App and/or Service or for crawling the App and scraping content or to circumvent the technological methods adopted by the App to prevent such prohibited use;
    7. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by DRiefcase or the App;
    8. copy or store any content offered on the App for other than your own use;
    9. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    10. make use of the App 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;
    11. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on DRiefcase's IT infrastructure.
  4. You represent and warrant that you have complied with all laws and regulations of India, including but not limited to the Information Technology (Reasonable security practices and procedures and sensitive personal data and information) Rules, 2011 and the Electronic Health Record (HER) Standards for India 2016.
  5. You represent and warrant that you have all necessary consents of the Patient to collect the Records that will be uploaded and shared on the App. You agree to inform DRiefcase in case a Patient revokes/refuses to consent for collecting, uploading and/or sharing his/her Records.
  6. Once a Patient’s Record(s) are uploaded on the App by a Healthcare Provider, DRiefcase will use only the name and contact details (Eg. Email ID, phone number) of a Patient to intimate them of the profile created of the Patient on the App and for promoting the App and DRiefcase Services to the Patient.
VI. Remedies with DRiefcase
  1. HealthCare Providers/Customers understand and agree that DRiefcase has the requisite authority to review any content on the App including Records for the purposes specified in the Agreement displayed on the App and agreed upon and to determine whether HealthCare Providers/Customers are adhering to the policies and terms and conditions defined in the Agreement and Terms of Use.
  2. If DRiefcase determines, in its sole discretion, that the HealthCare Provider or Customer has violated any terms of the Agreement, DRiefcase reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the App and/or terminating the membership of such violators and/or blocking their use of the App and/or Service. DRiefcase reserves the right, without notice and in its sole discretion, to terminate a HealthCare Provider’s/Customer’s license to use the App and/or Services, and/or to block or prevent future access to and use of the App or Services, and/or initiate appropriate legal action.
  3. 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 HealthCare Providers/Customers who are involved in such violations.
VII. Registration Process
  1. A HealthCare Provider must complete the Registration Process as provided below to become a Customer and to avail the DRiefcase’s Services:
    1. The HealthCare Provider must register with DRiefcase using an email address as a login id and create a secure password as required by the internal security policies of the App.
    2. Registration is a pre-requisite for HealthCare Providers 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, details of medical practitioner’s license where HealthCare Provider is a natural person. Whereas entities are required to provide details such as name of entity, address, email ID, phone number, physical address, details of relevant licenses authorising the HealthCare Provider to provide healthcare services, etc.
    3. The Registration Process is complete only after the HealthCare Provider agrees to be bound by the Agreement, including but not limited to the Terms of Use and consents to allow DRiefcase access to Records, documents and information for limited purposes as defined in the Agreement.
  2. Only after completing the Registration Process, the HealthCare Providers become Customers and become entitled to avail the Services, subject to payment of the Fee if required.
  3. The App 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 DRiefcase and which will indicated by asterisks (“*”). DRiefcase 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.
  4. The HealthCare Providers understand and agree that DRiefcase may screen and verify the information provided by the HealthCare Provider 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. DRiefcase may in its sole discretion, close the Account, if any information provided is found to be false, incomplete or the information provided is insufficient.
VIII. Payment of Fee
  1. DRiefcase shall endeavour to provide its HealthCare Providers 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.
  2. Where the payment of Fee is through the Internet, it is understood and agreed by the HealthCare Provider/Customer that the provision of Services shall only commence after the Fee has been successfully transferred to DRiefcase’s bank account.
  3. It is understood and agreed by the HealthCare Provider/Customer that payment mechanisms may be governed by separate/additional terms of use prescribed by DRiefcase and may entail inter alia service charges, taxes, cess, handling fee over and above the Fee specified by DRiefcase.
  4. DRiefcase 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 App or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
  5. DRiefcase 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 HealthCare Provider/Customer. In the event the payment has been processed by DRiefcase, it will be credited/refunded to the HealthCare Provider’s/Customer’s bank account within a reasonable time period.
  6. It is understood and agreed by the HealthCare Provider/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and DRiefcase.
  7. It is understood and agreed by the HealthCare Provider/Customer that in no event whatsoever, DRiefcase shall take any responsibility or liability for malfunctioning or defect in any payment procedure, but shall provide help and assistance to the HealthCare Provider/Customer to resolve such issues in all such legal manners possible. Payment of the Fee shall be the sole responsibility of the HealthCare Provider/Customer.
  8. The HealthCare Provider/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the App. Further, DRiefcase reserves the right to change the Fee upon its sole discretion without any prior notice to the HealthCare Provider/Customer.
IX. Refund and Cancellation Policy
  1. 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 DRiefcase. The HealthCare Provider/Customer can contact DRiefcase through e-mail id care@driefcase.com for any information about and to seek any cancellation and refund.
  2. After such period as described in the Terms of Use, the HealthCare Provider shall not be entitled to claim any refund for Services and DRiefcase shall have the right to forfeit the fees already paid in such a case.
  3. DRiefcase will have the sole discretion to approve any request by a HealthCare Provider/Customer for a refund and the mode of such refund of fees.
  4. DRiefcase 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 App, (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.
  5. In all cases where a request for cancellation of a Service has been approved by DRiefcase, and the Service has been made available upon payment of a Fee, DRiefcase will retain 20% of such Fee as a cancellation fee. DRiefcase reserves the right to change the cancellation fee upon its sole discretion without any prior notice to the HealthCare Provider/Customer.
X. Modification of Terms of Use

You understand and agree that the Agreement, including the Terms of Use, the App and the Services can be modified by DRiefcase at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the App. You agree to review the Terms of Use periodically so that you are aware of any such modifications and DRiefcase shall not be liable for any loss suffered by you on your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the App or Service implemented after your initial access of App or use of the Service shall be subject to these Terms of Use.

XI. Maintenance
  1. Every effort is made to keep the App up and running smoothly, and in accordance with all applicable laws, rules, standards and regulations. However, DRiefcase takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond its reasonable control.
  2. Further, DRiefcase may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the HealthCare Provider's/Customer’s access to the App 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.
  3. Without prejudice to any other provisions of the Agreement, DRiefcase shall not be liable to indemnify the HealthCare Provider/Customer for any loss or/and damage or/and costs or/and expense that the HealthCare Provider/Customer may suffer or incur, and no fees or/and charges payable by the HealthCare Provider/Customer to DRiefcase shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XII. Term and Termination
  1. The Agreement and the Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the App for all HealthCare Providers and will be extended to the provision of Services for Customers.
  2. DRiefcase 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:
    1. where the Account remains unused for a period of 2 years or more; or
    2. if in the opinion of DRiefcase, the HealthCare Provider/Customer has breached any of the terms and conditions of this Agreement or/and the Terms of Use, or any applicable laws, rules or regulations; or
    3. if, in the opinion of DRiefcase or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the HealthCare Provider/Customer for any reason.
  3. Notwithstanding anything contained in the Terms of Use, Sections V, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII and XX shall survive any termination or expiration of these Terms of Use.
XIII. Liabilities Upon Termination

The HealthCare Provider/Customer will not be entitled to any partial refund of the Fee if the Agreement is terminated under certain circumstances, including but not limited to Section XII of the Terms of Use. DRiefcase shall be entitled to recover fees and any amounts upon such termination from the HealthCare Provider/Customer, without prejudice to any other remedies available under prevailing laws.

XIV. Ownership

Any material, content or logos, marks, software on or part of the App and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by DRiefcase or its licensors. You acknowledge that the App and any underlying technology or software on the App or used in connection with rendering the Services are proprietary information owned or duly licensed to DRiefcase, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the App in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the App.

XV. Copyright Dispute Policy

If DRiefcase believes in good faith any material on its App has been illegally copied or is posted, uploaded or made accessible through the App or Services and distributed by any advertisers, its affiliates, content providers, members or HealthCare Providers; it may send an infringement notice and remove and discontinue Services to offenders. The infringement notice sent by DRiefcase 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.

XVI. Disclaimer
  1. While DRiefcase strives to update and display accurate content on the App, no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability are made with respect to the App or the information, products, Services, or related graphics contained on the App for any purpose. Thus, the App is provided by DRiefcase 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 App, provision of Services or software or the information, content, materials, or products included on the App or in association with the services. To the fullest extent permissible by applicable law, DRiefcase 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 affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the App. DRiefcase is not responsible for the conduct, of any HealthCare Provider or Customer. DRiefcase 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 App 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 App 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 HealthCare Provider from the company, the App or through or from the services, the information, content, materials, or products on the App shall create any warranty not expressly stated herein.
  2. All the contents of this App are only for general information or use. The contents of the App, including DRiefcase’s blog, are for informational purposes only. No information on the App is intended as a substitute for professional medical advice, diagnosis, or treatment. DRiefcase does not recommend or endorse any specific tests, doctors, hospitals, products, procedures, opinions, or other information that may be mentioned on the App, and categorically states that any such reliance by a HealthCare Provider or Customer is solely at their own risk. DRiefcase always recommends that HealthCare Providers and Customers seek the advice of a doctor or other qualified healthcare providers with any questions you may have regarding a medical condition.
  3. DRiefcase has a periodically updated blog, and may also introduce several fora for Customers and HealthCare Providers 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 HealthCare Provider 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 App, and a HealthCare Provider or Customer would like it removed, write to us at care@driefcase.com. Please note that there may be some limited circumstances under which DRiefcase will not be able to remove your information.
  4. DRiefcase does not have any control over third-party links which are displayed on the App 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.
  5. Since DRiefcase acts only as a service portal for the HealthCare Providers/Customers, it shall not have any liability whatsoever for any aspect of the payment between the third party and the Customer/HealthCare Provider.
  6. DRiefcase maintains its App and all privacy and security procedures and protocols in accordance with applicable laws, rules, regulations and standards. In no event, shall DRiefcase 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 HealthCare Provider'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 App.
  7. DRiefcase is not responsible for the delay or inability to use the App or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on technical issues, contract, tort, negligence, strict liability or otherwise. The HealthCare Provider/Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the App 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.

XVII. Limitation on Liability

DRiefcase is not liable for any failure to perform its obligations hereunder where such failure results from acts of independent contractors or consultants acting on a part of any cause beyond the company's reasonable control including—without limitation—mechanical, technical, electronic or communications failure, delays or degradation (including "line-noise" interference). DRiefcase is also not responsible for a delay or cancellation of its Services or any other incident that may occur during the payment of Fees made through third-party payment gateways made available on the App. The use of such payment gateways are governed by separate policies and terms of use and Customers are deemed to have read and understood such policies and terms before the payment of any Fee. Without prejudice to the aforesaid, DRiefcase, its authorized consultants and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, service interruption, and/or loss of information or data.

XVIII. Indemnity

You agree to indemnify and hold DRiefcase, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the App, (ii) your use of the Services, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or HealthCare Provider ID or password, of any intellectual property or other right of any person or entity (v) the wrongful and/or unauthorised collection and dissemination of Records of a Patient onto the App.

XIX. Privacy
  1. To create an Account and in some other circumstances, DRiefcase may require information provided by the HealthCare Provider/Customer. DRiefcase is committed to ensuring that the HealthCare Provider’s/Customer’s privacy is protected. Any information sought and provided in these circumstances on the App will only be used in accordance with the Agreement and applicable laws, rules, regulations and standards.
  2. DRiefcase has already put in place procedures in accordance with legal and industry standards to safeguard and secure a HealthCare Provider’s/Customer’s sensitive and Confidential Information. DRiefcase currently runs, checks and tests its App 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 HealthCare Provider/Customer on the App runs its own antivirus program when it accesses the App or downloads any content from it.
  3. DRiefcase is not responsible for and accepts no liability for any damage to a HealthCare Provider’s/Customer’s computer system or loss of data caused by using the App or claimed to be arising as a result of having used the App.
  4. The Records of Patients uploaded by the HealthCare Provider will not be used in any manner by DRiefcase till the Patient duly consents to its use by registering with DRiefcase and availing of its Services, with the exception of the preliminary use of the name and contact details of the Patient for communication purposes, as detailed in Clause V (6).
  5. Once the Patient consents to the use of its Records by registering with DRiefcase for its services, DRiefcase will use the information uploaded by the HealthCare Provider’s/Customer for storage purposes in connection with the functionality of the App and availing of DRiefcase Services. HealthCare Providers/Customers specifically consent to and understand that, during or after their use of the Services, DRiefcase has your permission to use their information as a part of the aggregate, anonymized database as allowed under prevailing Indian laws and that DRiefcase may gain monetarily from such distribution.
  6. DRiefcase may contact a HealthCare Provider/Customer by email, notifications, phone, fax or mail in furtherance of any of the terms of the Agreement and inter alia to customise the App according to their interests.
  7. Where a HealthCare Provider/Customer believes that such information is not necessary for the provision of Services, the HealthCare Provider/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 HealthCare Provider/Customer can also write to DRiefcase at care@driefcase.com, where no such option is available, to revoke any such permission previously given to DRiefcase about use of such information, which request may be considered by DRiefcase as long as it does not affect the provision of Services.
  8. DRiefcase will not share, sell, distribute or lease a HealthCare Provider’s/Customer’s personal information to third parties unless DRiefcase has their specific permission or is required by law to do so. In circumstances where DRiefcase is undergoing a reorganization, transfer of its business or assets through sale, merger or acquisition for business reasons, such personal information and Records may form a part of such transferred business assets. However, Records, Confidential Information and any other sensitive data provided continues to be governed by the Agreement, which includes the Terms of Use and all policies displayed on the App and agreed upon by you. In the event that the Terms of Use and policies displayed on the App and agreed upon by you are changed during the process of transfer of business assets, DRiefcase will make all efforts to ensure that the Records, Confidential Information and sensitive data will be adequately protected as per prevailing laws and DRiefcase (which includes its successors-in-interest) will obtain a HealthCare Provider’s/Customer’s consent on the new Terms of Use, privacy policies and any other policies which will govern the use of the Services.
  9. DRiefcase has systems and personnel to analyze content shared and uploaded by HealthCare Providers and Customers on the App. This analysis occurs as Records are shared, uploaded, received, and when it is stored on the App, and is permissible under prevailing laws. Analysing the content helps DRiefcase improve and tailor its Services and App for you, create an aggregate and anonymized database, and allows it to develop new Services which are relevant to your needs. Additionally, the App may ask for permission to store cookies on a HealthCare Provider’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 App to the HealthCare Provider’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 HealthCare Provider/Customer. Access to cookies can be denied during the installation of the cookies by modifying the settings on a web browser, however this may prevent HealthCare Providers and Customers from taking full advantage of the App.
  10. DRiefcase 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. DRiefcase 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 DRiefcase for purposes of tax or regulatory compliance as per applicable laws in India.
  11. DRiefcase reserves its right to change these policies periodically by updating the Terms of Use. Write to us at care@driefcase.com if you have any concerns with the current policy or any changes DRiefcase may make in the future.
XX. Confidentiality
  1. Parties agree to keep confidential all such Confidential Information, which has been shared with it by either party or a Patient and agrees to take all reasonable precautions in accordance with applicable laws, rules, regulations and standards to protect and refrain from disclosing the Confidential Information, in any form or manner with any third party without prior written permission, except where required to do so to carry out DRiefcase Services for the Healthcare Provider or its Patients who have registered with DRiefcase, and/or in compliance with applicable laws and/or by way of directions passed by the Courts of India.
  2. HealthCare Provider acknowledges that all Confidential Information disclosed to DRiefcase is done so voluntarily and without any undue influence or coercion. Healthcare acknowledges that while DRiefcase shall make best efforts to maintain the confidentiality of the Confidential Information, DRiefcase will not be responsible for any access, collection, reproduction or otherwise misuse of such information by a third party through any illegal and/or unauthorised means, and without the knowledge of DRiefcase.
  3. Subject to Clause XX (2) of the Terms of Use, either party shall have the right to take seek appropriate legal remedies for any breach of confidentiality attributable to the other party.
XXI. Miscellaneous
  1. Governing law and Dispute Resolution: This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.
  2. Assignability : The Company may assign any of its responsibilities/obligations to any other Person without notice to the HealthCare Provider, at its sole discretion. However, the HealthCare Provider/Customer shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from DRiefcase.
  3. Severability : If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
  4. Waiver : Failure by DRiefcase to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.
  5. Force Majeure : DRiefcase 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.
  6. Grievance Redressal: The Company shall endeavour to address grievance or complaints of the HealthCare Providers to the extent possible. Towards this DRiefcase is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the App or may e-mail DRiefcase at care@driefcase.com.
XXII. Communication with and by HealthCare Provider/Customers

When you visit the App 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 DRiefcase to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.

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