TERMS OF USE

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 Website”) to you (“the User”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.

Your continued use of the Website 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 Website and/or use DRiefcase’s Services.

These "Terms of Use” and all other policies on the Website, 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 Website.

II. Definitions

“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 DRiefcase.

“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.

“Fee” is the price prescribed by DRiefcase 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.

“Registration Process” is the series of steps which a User must complete to register an Account on the Website, including but not limited to acceptance of the Terms of Use mentioned on the Website.

“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 Website.

“User” is any person who accesses the Website.

III. 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.
IV. Eligibility

By using the Website 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 Website in accordance with and consistent with any and all applicable laws and regulations.

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 DRiefcase’s 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.

V. Services
  1. 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.
  2. DRiefcase offers its Customers the following Services:
    1. a secure Website for the User to share and upload Records, and search, retrieve and share such uploaded Records;
    2. the facility of sharing their documents with DRiefcase through their registered email address, and allowing them to be uploaded by DRiefcase for use as specified in Section IV.2.a;
    3. a Website which enables Customers to track their vital health parameters, set reminders and make brief notes based on their Records;
    4. the optional facility to contact DRiefcase personnel or specified third-party service providers to pick up a Customer’s Records to a well-defined physical location to be uploaded by DRiefcase personnel for use as specified in Section IV.2.a;
    5. the optional facility to contact DRiefcase personnel or specified third-party service providers to scan a Customer’s Records at a well-defined physical location to be uploaded by DRiefcase personnel for use as specified in Section IV.2.a;
    6. the optional facility to contact DRiefcase 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;
    7. the optional facility to courier documents to a well-defined specified physical address to DRiefcase 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.
  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 Users and Customers for a Fee.

  4. Users are only entitled to the following activities on the Website:
    1. Viewing publicly-accessible information on the Website including information about DRiefcase, and the description of the various Services offered by DRiefcase.
    2. Providing feedback and write to DRiefcase’s customer care personnel from the Website.
    3. Beginning the Registration Process to become a Customer;
    4. 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.
    5. 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 Users may make use of the Website, and other related information.
  5. Unless specifically agreed upon by the 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.
VI. Restrictions on Use
  1. Users/Customers shall not use the Website in order to transmit, distribute, store or destroy material, 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 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
    4. that is false or misleading; or
    5. that harasses or advocates harassment of another person.
  2. 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.
  3. Violations of system or network security may result in civil or criminal liability.

  4. In addition to the above, Users/Customers shall not use the Website or DRiefcase’s Services to:
    1. modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;
    2. reformat or frame any portion of the web pages that are part of the Website and/or Service;
    3. remove any intellectual property rights, copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
    4. create User accounts by automated means or under false or fraudulent pretence;
    5. 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;
    6. 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;
    7. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by DRiefcase or the Website;
    8. copy or store any content offered on the Website 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 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;
    11. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on DRiefcase's IT infrastructure.
VII. Remedies with DRiefcase
  1. Users/Customers understand and agree that DRiefcase 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.
  2. If DRiefcase determines, in its sole discretion, that the User 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 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.
  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 Users/Customers who are involved in such violations.
VIII. Registration Process
  1. A User must complete the Registration Process as provided below to become a Customer and to avail the DRiefcase’s Services:
    1. The User 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 Website.
    2. 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.
    3. The Registration Process is complete only after the User 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 Users become Customers and become entitled to avail the Services, subject to payment of the Fee if required.
  3. 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 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 Users understand and agree that DRiefcase 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. 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.
IX. Payment of Fee
  1. DRiefcase 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.
  2. 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 DRiefcase’s bank account.
  3. It is understood and agreed by the User/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 Website 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 User/Customer. In the event the payment has been processed by DRiefcase, it will be credited/refunded to the User’s/Customer’s bank account within a reasonable time period.
  6. 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 DRiefcase.
  7. It is understood and agreed by the User/Customer that in no event whatsoever, DRiefcase 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.
  8. 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, DRiefcase reserves the right to change the Fee upon its sole discretion without any prior notice to the User/Customer.
X. 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 User/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 User 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 User/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 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.
  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 User/Customer.
  6. The refund (if approved by DRiefcase) will be processed within 15 business days from the date of approval.
XI. Modification of Terms of Use

You understand and agree that the Agreement, including the Terms of Use, the Website 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 Website. 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 Website or Service implemented after your initial access of Website or use of the Service shall be subject to these Terms of Use.

XII. Maintenance
  1. Every effort is made to keep the Website 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 Website 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 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.
  3. Without prejudice to any other provisions of the Agreement, DRiefcase 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 DRiefcase shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XIII. 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 Website for all Users 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 User/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 User/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.
XIV. Liabilities Upon Termination

The User/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 User/Customer, without prejudice to any other remedies available under prevailing laws.

XV. Ownership

Any material, content or logos, marks, software on or part of the Website 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 Website and any underlying technology or software on the Website 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 Website 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 Website.

XVI. Copyright Dispute Policy

If DRiefcase 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 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.

XVII. Disclaimer
  1. While DRiefcase 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 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 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, 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 aff iliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Website. DRiefcase is not responsible for the conduct, of any User 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 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.
  2. All the contents of this Website are only for general information or use. The contents of the Website, including DRiefcase’s blog, are for informational purposes only. No information on the Website 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 Website, and categorically states that any such reliance by a User or Customer is solely at their own risk. DRiefcase 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.
  3. DRiefcase 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@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 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.
  5. Since DRiefcase 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.
  6. DRiefcase maintains its Website 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 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.
  7. DRiefcase 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

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 Website. 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 los s of profits, service interruption, and/or loss of information or data.

XIX. 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 Website, (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 User ID or password, of any intellectual property or other right of any person or entity.

XX. Privacy
  1. DRiefcase'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.
  2. To create an Account and in some other circumstances, DRiefcase may require information provided by the User/Customer. DRiefcase 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.
  3. DRiefcase 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. DRiefcase 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.
  4. DRiefcase 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.
  5. DRiefcase 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, 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 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.
  7. 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 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 User’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 Website and agreed upon by you. In the event that the Terms of Use and policies displayed on the Website 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 User’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 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 DRiefcase 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.
  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 this page. 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.
XXI. Confidentiality
  1. 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.
  2. 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.
  3. Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of DRiefcase, 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.
  4. 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 DRiefcase provides such an option.
  5. All Confidential Information voluntarily revealed by the User/Customer, is done at the sole discretion and risk of the User/Customer. DRiefcase shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
  6. 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 DRiefcase to inquire and investigate and seek legal remedy against such User/Customer/third party.
XXII. 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 User, at its sole discretion. However, the User/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 Users 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 Website or may e-mail DRiefcase at care@driefcase.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 DRiefcase to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.