Terms and Conditions

TERMS AND CONDITIONS OF USE

DRiefcase Health-Tech Private Limited (“Company”) primarily offers health locker services, providing online, easy-to-use access to personal health records enabling individuals 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 or share such access with third parties. The Company is also integrated with Ayushman Bharat Digital Mission (“ABDM”).

The Company offers its website and/or mobile application, including all information, software, products and services directly linked to and available from its website and/or mobile application or offered as part of or in conjunction with its website and/or mobile application (collectively “DRiefcase”) to You (alternatively, “the User”, “the Customer” or “ABHA user”, as the context requires) conditioned upon your acceptance of all terms, conditions, policies and notices published on DRiefcase.

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

The present terms and conditions do not extend to services offered by the Company to medical practitioners or professionals, including in relation to record keeping, appointment and schedule management for their practices. Refer to the applicable policy for details on the terms and conditions governing your relationship with the Company.

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

Definitions

“ABDM” is Ayushman Bharat Digital Mission as implemented by the National Health Authority of India.
“ABHA address” is the unique ABHA username for accessing and sharing your medical records securely on DRiefcase, usually in the format name@abdm.
“ABHA number” is the unique 14-digit number assigned to an individual under the ABHA.
“ABHA user” is any Customer who creates and/or uses an ABHA through DRiefcase to access the benefits under the ABDM.
“ABHA” is the Ayushman Bharat Health Account which was introduced pursuant to the National Digital Health Blueprint, 2019 and the National Health Policy 2017, which is your unique health account that enables you to securely store, access and share your health records digitally with healthcare providers.
“Account” is any account, including an ABHA, successfully opened by the Customer on DRiefcase with information required to be entered during the Registration Form and includes any further changes and corrections to the information made by the User from time to time to keep such information updated.
“Company” 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. In relation to the ABDM, Company has also consented the Health Data Management Policy under the National Digital Health Mission, as updated and revised from time to time by the Ministry of Health and Family Welfare
“Consent” is the affirmative and informed permission given by the Customer to the Company to Process personal data in order for the Customer to avail the Services of the Company and for such other incidental purposes reasonably expected, having regard to the purpose and context and circumstances in which the personal data was Processed.
“Customer” is a User (including Master Customer, Family Customer, Friend Customer, Junior Customer, Other Customer and ABHA user) who has completed the Registration Form and has successfully opened an Account to avail the Services of DRiefcase.
“Family Customer” is a Customer who is a family member of or related to the Master Customer and avails the Services of the Company through the Account of the Master Customer.
“Fee” is the price prescribed by Company for the Services as notified on DRiefcase from time to time.
“Friend Customer” is a Customer who is not related to but is known to the Master Customer and avails the Services of the Company through the Account of the Master Customer.
“Health Parameter Record” is the information pertaining to the health parameters of the Customer such as step count, heart rate etc which is tracked by the Company of the Customer.
“Health Parameter Tracking” is the optional service provided by the Company which enables Customers to track their Health Parameter Records.
“Junior Customer” is a Customer who avails the Services of the Company through the Account of the Master Customer and includes Family Customer, Friend Customer or Other Customer.
“Master Customer” is a Customer who has completed the Registration Form and has successful opened an Account to avail the Services of the Company for himself/herself or on behalf of a Junior Customer.
“Other Customer” is a Customer who avails the Services of the Company through the Account of the Master Customer.
“Partner” is a third-party service provider whose products and services may be listed on and offered via DRiefcase.
“Process”, where capitalized, has the same meaning as ascribed under the Digital Personal Data Protection Act, 2023.
“Record” is any information or document shared and uploaded by the User/Customer on DRiefcase including but not limited to personal health records, birth certificates, and insurance policies.
“Registration Form” is the series of steps which a User must complete to register an Account on DRiefcase, including but not limited to acceptance of the Terms and Conditions of Use mentioned on DRiefcase.
“Services” is collectively the various services offered by the Company as enumerated in Section IV of the Terms and Conditions of Use, and such other services which the Company may introduce from time to time through DRiefcase.
“User” is any person who accesses DRiefcase and includes but is not limited to Customers.

Interpretation

In the Agreement, unless specified otherwise or repugnant in context:

headings are inserted for ease of reference and do not define or limit any of the provisions of the Agreement.
sections, recitals, clauses and sub-clauses are to sections, recitals, clauses and sub-clauses of the Agreement.
references to any term in the singular shall include references to the plural number and vice versa, and includes the usage of the term in any tense, where applicable.
words denoting one gender include all genders.
any reference in the Agreement to a statutory provision automatically includes any rules or regulations made in pursuance thereof, amendments and re-enactments, whether before or after the date of the Agreement.

Eligibility

By using DRiefcase and/or the Services, You represent and warrant that you have the requisite right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. You further represent and warrant to Company that you will use DRiefcase in accordance with and consistent with all applicable laws and regulations.
You must be an Indian citizen, 18 years or older, or the legal age to form a binding contract in the jurisdiction of your residence to become a Customer and to use DRiefcase’s Services.
In the event, You are using the Services for:

a child (person below the age of 18 years), a person with a disability, or a person of unsound mind, You represent and warrant that you are the Parent or Guardian of such person, as the case maybe, and have the requisite right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein on their behalf.
a person who is seriously ill in response to a medical emergency or incapacitated on account of a medical condition, you represent and warrant that you have the requisite Consent, right, authority, and capacity to enter into the Agreement and to abide by all the terms and conditions set forth herein on their behalf.

Provided that if a person without legal, mental or physical capacity on whose behalf an Account has been created subsequently gains such capacity as recognised under applicable law, the Company shall require their express Consent to continue use of the Services.

The Company reserves the right to ask a Master Customer for a proof of Consent and/or relationship with a Junior Customer, including by way uploading documentation for the purposes of verification.
Membership or use of DRiefcase is void where prohibited by applicable law, and the right to access DRiefcase will be deemed to be automatically revoked in such jurisdictions.
You understand and declare that you have all requisite rights and permissions as per the prevailing Indian laws to possess, share and disseminate Records on DRiefcase.
You understand and acknowledge that Records must be kept accurate and complete and that you are solely responsible for the accuracy, integrity and completeness of your Records.

Services

The use of DRiefcase 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.
The Company offers its Customers the following Services:

a secure online platform for the Customer to upload, store and share Records, and search, retrieve and share such uploaded Records;
the facility of sharing their Records through their registered email address or mobile number and allowing them to be uploaded for use as specified in Section IV.2.a;
the optional facility to track their vital health parameters, set reminders and make brief notes based on their Records and Health Parameter Records;
the optional facility to contact Company personnel or specified third-party service providers to pick up a Customer’s Records to a well-defined physical location to be uploaded by the Company personnel or the specified third-party service providers for use as specified in Section IV.2.a;
the optional facility to contact Company personnel or specified third-party service providers to scan a Customer’s Records at a well-defined physical location to be uploaded by Company personnel or the specified third party service providers for use as specified in Section IV.2.a;
the optional facility to contact Company personnel or specified third-party service providers to download specified Records on to a device, including but not limited to a CD or a flash drive, and to request that such device be sent to a well-defined physical location;
the optional facility to courier documents to a well-defined specified physical address to Company personnel or specified third-party service providers to scan and upload such documents and create Records on DRiefcase on behalf of the Customer for use as specified in Section IV.2.a.
the optional facility to connect an ABHA user’s health records with all the medical institutions connected with the ABDM.
the optional facility to share Customer’s Records under the ABDM framework based on the Customer’s Consent.
the optional facility to provide the Customer’s demographic details with all medical institutions connected with the ABDM.
any optional facility that may be offered from time to time by the National Health Authority and integrated with DRiefcase.

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 free, for a Fee or in exchange for other specified consideration.
Users are entitled to the following activities on DRiefcase:

Viewing publicly accessible information on DRiefcase including information about DRiefcase, and the description of the various Services offered by DRiefcase including latest Services, tips and guidance on how Customers can maximize their experience of the Services and how Users may make use of DRiefcase, and other related information.
Providing feedback and write to the Company’s customer care personnel.
Beginning the Registration Form to become a Customer.
Opting to receive updates via email/app notifications/text message/text messaging services/phone calls/letters or by any other medium upon providing contact information to DRiefcase to be routinely informed of DRiefcase’s Services.
Accessing DRiefcase’s periodically updated blog on, inter alia, personal health and healthcare.

The Company 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.
Unless specifically agreed upon by the Company, the Services provided to the Customer are non-transferable and only the person on whose name the Services are booked can avail of such Services.
The Customer is required to carry a valid government photo-identification document or authorization document, where applicable, if it is availing any Services which requires a physical interaction with the Company personnel to verify the identity of the Customer, and must be willing to supply an electronic or physical copy of such valid government photo-identification document if requested for the limited purposes of record-keeping and verification by the Company.
In addition to availing the Company’s Services, You understand and specifically Consent to the following:

Use of cookies and similar technologies on DRiefcase for several purposes, which may include storing your preferences and settings, including those that enable DRiefcase to operate correctly, your credentials and time of sign in (in an encrypted cookie on your device), security to detect fraud and abuse of DRiefcase and displaying offers and advertisements based on your interests, preferences and Records.
The Company irreversibly, anonymizing data and/or electronic records created and collected during your use of DRiefcase, either individually or in bulk and that such anonymized data may be provided by the Company to contracted third parties for further use, including for analysis, monetization, training and modelling.

Restrictions on Use

You shall not, as applicable to the context, use DRiefcase to reproduce, publish, modify, display, upload, transmit, distribute, store, share or destroy material, including without limitation:

which belongs to another person and to which You do not have any right except as provided under Section III (Eligibility), Section IV (Services) and Section XII (Term and Termination), and subject to Section XIV (Ownership);
which is morally repugnant including but not limited to being obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing based on gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
which is harmful to a minor;
which infringes any intellectual property right or any other proprietary rights
which deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
which impersonates another person;
which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation;
which contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
which violates any applicable law.

You are additionally prohibited from violating or attempting to violate the security of DRiefcase, including, without limitation the following activities:

causing or likely to cause harm to critical functions and Services on DRiefcase or Services linked on DRiefcase by impairing the confidentiality, integrity, accuracy or availability of electronic information, systems, services or networks resulting in unauthorised access, denial of service or disruption, unauthorised use of a computer resource, changes to data or information without authorisation or acts threatening public health or safety, or any other act which undermines public confidence and has or is likely to have a have negative effect;
(i) accessing data or any information not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User/Customer; (iv) host or network, including, without limitation, via means of submitting a virus to DRiefcase, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.
In addition to the above, you shall not use DRiefcase or Company’s Services to:

reproduce, modify, adapt, translate, or reverse engineer any portion of DRiefcase and/or its Services;
reformat or frame any portion of the web pages that are part of DRiefcase and/or its Service;
remove any intellectual property rights notices including copyright, trademark, patent, design or any other proprietary rights notices contained in or on DRiefcase and/or its Services;
create User/Customer accounts by automated means or under false or fraudulent pretence;
create or transmit unwanted electronic communications such as “spam” to Other Customers/Customers of DRiefcase and/or its Services or otherwise interfere with anyone else’s enjoyment of DRiefcase and/or its Services;
use any crawler, robot, spider, site search/retrieval application, or any other device or software to retrieve or index any portion of DRiefcase and/or its Services or for crawling DRiefcase and scraping/mining content or to circumvent the technological methods adopted by DRiefcase to prevent such prohibited use;
submit any content or material that falsely expresses or implies that such content or material is directly or indirectly sponsored or endorsed by DRiefcase or the Company;
copy or store any content offered on DRiefcase and/or its Services for other than your own personal use;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive or harmful nature;
make use of DRiefcase or its Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
take any action that imposes or may impose in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s IT infrastructure.

Remedies with DRiefcase

Users/Customers understand and agree that the Company has the requisite authority to access and review any content on DRiefcase, if necessary, including Records and Health Parameter Records for the purposes specified in the Agreement as well as to determine whether Users/Customers are adhering to the policies and terms and conditions defined in the Agreement.
The Company has the right to determine in its sole discretion if the User or Customer has violated any terms of the Agreement.
The Company reserves the right to take any action required in accordance with law, including to prevent, control, manage or mitigate such violation including without limitation, removing the offending communication or content including Records and Health Parameter Records from DRiefcase and/or suspending or terminating the membership of such violators and/or blocking their use of DRiefcase and/or Service.
The Company further reserves the right, without notice and in its sole discretion, to terminate a User’s/Customer’s license to use DRiefcase and/or its Services, and/or to block or prevent future access to and use of DRiefcase or its Services, and/or initiate appropriate legal action.
The Company shall additionally be entitled to investigate occurrences which involve any violations and may take appropriate legal action, involve and cooperate with law enforcement authorities, and comply with orders of competent courts in prosecuting Users/Customers who are involved in such violations.

Registration Form

Users shall be entitled to access the Services, subject to payment of the applicable Fee (if any), after completion the Registration Form to become a Customer using any one of the following options:

Option 1: Users may register using an email address or an Indian mobile number as a login id and create a secure password as required by the internal security policies of DRiefcase.
Option 2: Users may register using a pre-existing ABHA number, ABHA account or register for an ABHA using either their Aadhar card number or Indian mobile phone number through DRiefcase. Users may additionally be required to complete and update KYC details in accordance with government mandates and applicable law.
Option 3: Users may register with Aadhaar card number and understand that any pre-existing ABHA number and account linked with this number may be automatically connected to DRiefcase.
Option 4: A Junior Customer can avail the Services of the Company through the Account of a Master Customer for which the Company will send an OTP (One Time Password) to the Junior Customer’s email address or Indian phone number as provided by the Junior Customer to the Company to verify and confirm the Consent of the Junior Customer to avail the Services of the Company.

Depending on the option chosen by the User to register as a Customer in the Registration Form, the Company may collect the following basic details for the Services and functioning of DRiefcase:

full name,
date of birth,
sex,
email address or phone number,
address, city and postal code,
Aadhar number,
ABHA number and address

It is the sole responsibility of the Customer to keep these basic details updated, complete and accurate on DRiefcase. The Customer must rectify any inaccurate or misleading data, complete any incomplete data and update any outdated data through DRiefcase.

As a part of the Registration Form, the Customer may designate a nominee who shall be authorized to access Services in the event the Customer is impaired, incapacitated or is otherwise unable to provide access during a crisis. In the event of a Customer’s death or permanent incapacity, the nominee will have the right to delete the Account or the Customer’s Records or the Customer’s Health Parameter Records, and/or write to the Company to request deletion of the same. The Company reserves the right, at its sole discretion, to ask for a valid government photo identification document and other documents the Company may deem necessary to verify the nominee’s identity and authority prior to acting on any such request.
The Registration Form is complete after the User agrees to be bound by the Agreement, including but not limited to the Terms and Conditions of Use and Consents to allow the Company to Process, access, store and share Records, documents and information for purposes as defined in the Agreement.
DRiefcase may provide the facility of “masking” which may allow Customers to hide or keep confidential or not to fill any information except the information which are considered mandatory by Company and which will indicated by asterisks (“*”).
Company further reserves the right to seek and verify 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, or if required for the Services even after the Registration Form.
The Company may in its sole discretion, suspend or delete the Account or the Records or Health Parameter Records of the Customer, if any information provided is found to be false, incomplete or insufficient.
Accounts which are dormant for a period of two years may be deleted at the sole discretion of the Company.
Upon creating an Account, you understand that the Company has the sole discretion to:

introduce subscription or membership Fees for any existing or future products or Services, with reasonable prior notice.
limit storage space for upload or lower the resolution of Records or Health Parameter Records of a Customer.
notify you about updates or upgrades which are necessary for the optimal functioning of DRiefcase.

Payment of Fee

The User/Customer may be required to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through DRiefcase. The facilities/gateways to pay the Fee could be maintained by Driefcase or any of its Partners but may not be owned or operated by Driefcase or any of its Partners.
The Company shall endeavour to provide its Users/Customers with facilities/gateways to pay the Fee through credit cards debit cards cash cards, UPI, mobile wallets, cash and internet banking. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements, terms and conditions between the third parties and the User/Customer who provide facilities/gateways for such payment mechanisms and may entail inter alia service charges, taxes, cess, handling fee over and above the Fee specified by Company.
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 the Company’s bank account.
Regardless of whether the order has been confirmed and/or payment has been made by the User/Customer, Company reserves the right to refuse or cancel any order placed for a Service that is listed at an incorrect price. 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.
If the facilities/gateways to pay the Fee are not owned or operated by Driefcase, it is understood and agreed by the User/Customer that DRiefcase shall not be responsible or liable for malfunctioning or defect in any payment procedure. The use of payment facilities/gateways or methods are governed by separate policies and Terms and Conditions of Use of the respective facility/gateway and Users/Customers are deemed to have read and understood such policies and terms before the payment of any Fee.

Refund and Cancellation

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 the Company. The User/Customer can contact the Company through its e-mail id care@driefcase.com (care@driefcase.com) for any information, and to seek any cancellation and refund.
After such period as described in the Terms and Conditions of Use, the User/Customer shall not be entitled to claim any refund for Services and the Company shall have the right to forfeit the fees already paid in such a case.
Company 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 (b) if the payment of Fee is refused or declined by the Customer’s bank for any reason, or (c) the transaction has failed or has been declined for any reason whatsoever.
Company will have the sole discretion to approve any request by a User/Customer for a refund of Fee paid, if any, and the mode of such refund of Fee.
In all cases where a request for cancellation of a Service has been approved by Company, and the Service has been made available upon payment of a Fee, DRiefcase will retain 20% of such Fee as a cancellation fee. Company reserves the right to change the cancellation fee upon its sole discretion which shall be updated on DRiefcase without any prior notice to the User/Customer.
The refund (if approved by DRiefcase) will be processed within 15 business days from the date of approval
The Company is not responsible for the refunds or cancellations for services offered by third parties on DRiefcase. The User/Customer understands and agrees that all such third-party services are governed by the terms and conditions specified by such third parties.

Modification of Agreement (including the Terms and Conditions of Use) DRiefcase, the Fees and the Services

You understand and agree that the Agreement (including the Terms and Conditions of Use) DRiefcase, the Fees and the Services can be modified by Company at its sole discretion, at any time without prior notice, and such modifications will be published on DRiefcase and be effective upon such new terms and conditions coming into force and/or upon implementation of the new changes on DRiefcase and/or its Services. The Company shall endeavour to provide such notice for a reasonable period of time where feasible.
You agree to review the Agreement, DRiefcase, the Fees and the Services periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Agreement, DRiefcase, the Fees and the Services. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to DRiefcase or its Services implemented after your initial access of DRiefcase or use of the Services shall be subject to this Agreement (including the present Terms and Conditions of Use).

Maintenance

Every effort is made to keep DRiefcase up and running smoothly, and in accordance with all applicable laws, rules, standards and regulations. However, Company takes no responsibility for and will not be liable for DRiefcase being temporarily unavailable due to technical issues beyond its reasonable control.
Further, Company 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 DRiefcase 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. The Company shall endeavour to provide such notice for a reasonable period of time where feasible.
Without prejudice to any other provisions of the Agreement, Company shall not be liable to indemnify the User/Customer for any loss and/or damage and/or costs and/or expense that the User/Customer may suffer or incur. Further no fees and/or charges payable by the User/Customer to DRiefcase shall be refunded or rebated, as a result of such deactivation and/or suspension.

Term and Termination

The Agreement and the Terms and Conditions of Use, with modifications as applicable, shall remain in full force and effect during the use of DRiefcase for all Users/Customers.
DRiefcase may terminate the Agreement and delete the Account with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:

where the Account remains unused for a period of 2 years or more; or
if in the opinion of DRiefcase, the User/Customer has breached any of the terms and conditions of this Agreement or/and the Terms and Conditions of Use, or any applicable laws, rules or regulations; or
if, in the opinion of DRiefcase or/and any regulatory authority, it is not in the public interest to continue providing the use or Services to the User/Customer for any reason.

The Customer may delete her Account by writing to the Company at care@driefcase.com with the subject line “ACCOUNT DELETION”. The Customer will have the option to download her Records and Health Parameter Records (and the Records of any linked Junior Customer or Other Customer) from DRiefcase before the deletion of her Account.
A Junior Customer may additionally seek deletion of Records through DRiefcase or by writing to the Company at care@driefcase.com with the subject line “ACCOUNT DELETION – DEPENDENT ACCOUNT”, depending on the facilities provided by the Company. The Company reserves the right to ask for a valid government photo identification document and any other requisite documents to verify and confirm the identity of the Junior Customer. The Junior Customer will have to right to request for a copy of her Records prior to deletion of Records.

Liabilities Upon Termination

The Customer will not be entitled to refund (wholly or partially) of the Fee if the Agreement is terminated, including but not limited to Section XII of the Terms and Conditions of Use. The Company shall be entitled to recover fees and any amounts upon such termination from the Customer, without prejudice to any other remedies available under applicable law.

Ownership

Records and Health Parameter Records are owned exclusively by the Customer. To the limited extent of being able to effectively provide its Services set out in Clause IV, Company has the license to store, share and Process such Records and Health Parameter Records on DRiefcase in accordance with acceptable security practices with the Consent of the Customer.
Any material, content or logos, marks, software on or part of DRiefcase and all aspects thereof, including all copyrights, trademarks, design and other intellectual property or proprietary rights therein, is owned by Company or its licensors.
You acknowledge that DRiefcase and any underlying technology or software on DRiefcase or used in connection with rendering the Services are proprietary information which are owned or duly licensed by the Company, except where it is indicated otherwise and You have no express or implied rights over the same.
Unless belonging to You, You have no express or implied rights to use, in any manner whatsoever, the original content, software, marks, logos, and/or materials available on DRiefcase. You are prohibited from modifying, copying, reproducing, storing, distributing, creating derivative works of, publicly displaying or in any way exploiting any of the content, data, information, technology, software, marks, logos, and/or materials available on DRiefcase in whole or in part except as expressly allowed under the Agreement (including the Terms and Conditions of Use).

Disclaimer and Limitation of Liability

While the Company strives to update and display accurate content on DRiefcase, no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability are made with respect to DRiefcase or the information, products, Services, or related graphics contained on DRiefcase for any purpose.
DRiefcase is provided by Company on an “as is” and “as available” basis. The Company and/or its licensors and/or its licenses and/or its affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of DRiefcase, provision of Services, software, the information, content, materials, or products included on DRiefcase or in association with its Services.
To the fullest extent permissible by applicable law, the Company 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/or its licensors and/or its licenses and/or its affiliates further do not warrant the accuracy or completeness of the content, data, information, text, graphics, links or other items contained within DRiefcase and/or associated with its Services. The Company is not responsible for the conduct of any User or Customer. The Company 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 DRiefcase is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained with the Services or DRiefcase 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 or content. No advice or information, whether oral or written, obtained by any User/Customer from the Company, DRiefcase or through or from its Services, or through any information, content, materials, or products on DRiefcase shall create any warranty not expressly stated herein.
All the contents of DRiefcase are only for general information or use. The contents of DRiefcase, including the blog, are for informational purposes only. No information on DRiefcase is intended as a substitute for professional medical advice, diagnosis, or treatment. The Company does not recommend or endorse any specific tests, doctors, hospitals, products, services, procedures, loan services, opinions, or other information that may be mentioned or linked on DRiefcase and categorically states that any such reliance by a User or Customer is solely at their own risk. The Company always strongly recommends that Users and Customers seek the advice of a doctor or other qualified healthcare providers with any questions regarding a medical advice or a medical condition.
DRiefcase has a periodically updated blog and may further introduce several fora for Customers and Users with similar interests or questions who 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 show up in third-party searches, and is not private. If such information has been inadvertently posted on such blogs or public fora on DRiefcase, and a User or Customer would like it removed, write to us care@driefcase.com. Please note that there may be some limited circumstances under which Company may not be able to remove your information.
Since the Company 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 payment gateway/facility and the Customer/User.
The Company maintains its website and all privacy and security procedures and protocols in accordance with applicable laws, rules, regulations and standards. In no event, shall the Company 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 /Customers’ transmissions or data or information including Records; (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 DRiefcase and/or its Services.
The Company is not responsible for the delay or inability to use DRiefcase or its related Services, the provision of or failure to provide Services, or for any information, content, software, products, services and related graphics obtained through DRiefcase, or otherwise arising out of the use of DRiefcase and/or its Services, whether based on technical issues, contract, tort, negligence, strict liability or otherwise. The User/Customer understands and agrees that any material, content, information or data downloaded or otherwise obtained through DRiefcase or through its Services is done entirely at their own 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.

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.

Disclaimer – Partner Listings

The Company routinely lists independent third-party Partners on DRiefcase. A complete list of the Company’s Partners can be accessed here, and this list may be amended from time to time at the Company’s sole discretion. The Company is not, in any manner, be responsible or liable for the products or services offered by its Partners, including but not limited to any associated fees, payments, refunds, cancellations, or any other matters arising from or related to the Partners or their offerings. Any grievances, disputes, or issues relating to a Partner’s products or services shall be solely the responsibility of the respective Partner. The Company does not endorse, approve, certify, authorize, or make any warranties, representations, or undertakings, either express or implied, regarding the products, services, or any content made available by the Partners. The Company disclaims any responsibility or liability for the protection, security, or privacy of your data or information shared with or collected by Partners. Engaging with or availing of any Partner's products or services is done entirely at the User’s/Customer’s own risk. You acknowledge and agree that such products and services shall be governed exclusively by separate agreements, terms, and conditions between you and the respective Partner. Partners are solely responsible for ensuring compliance with all applicable law, and the Company bears no responsibility or liability for any failure by a Partner to comply with such law.

Indemnity

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any and all claims, liabilities, damages, losses and expenses, including costs and attorneys’ fees, relating to arising out of (i) your access to DRiefcase, (ii) your use of the Services, (iii) the violation of the Agreement (including Terms and Conditions of Use) by You, (iv) any 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 or (v) your violation of any law or rights of any third party. At the sole discretion of the Company, You further agree to participate in in and defend the Company in any proceedings, actions, investigations of any kind whatsoever in relation to your access and use of DRiefcase and its Services.

Miscellaneous

Governing law and Dispute Resolution: This Agreement and Terms and Conditions of Use shall be governed by and constructed in accordance with the laws of India (“applicable law”) and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.
Assignability: The Company may assign any of its responsibilities/obligations to any other Person without notice to the User/Customer, at its sole discretion. However, the User/Customer cannot assign, sub-licence or otherwise transfer any rights under the Agreement (including the Terms and Conditions of Use) to any other party, unless a written Consent is placed on record from the User/Customer which is placed on file with and approved by from the Company.
Severability: If any provision of the Agreement (including the Terms and Conditions of Use) is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Agreement which shall remain in full force and effect.
Waiver: Failure by the Company to exercise any right or remedy under the Agreement (including the Terms and Conditions of Use) does not constitute a waiver of that right or remedy.
Force Majeure: The Company 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), epidemic, pandemic, 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, government mandated lockdown, blockage, embargo, labour dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Survival: Notwithstanding termination of this Agreement or deletion of the Account under Section XII (Term and Termination), You understand and agree that Sections IV.8(b) (consent to use of irreversible anonymized data), XIII (Liabilities Upon Termination), XIV (Ownership), XV (Disclaimer and Limitation of Liability), XVIII (Miscellaneous) shall survive and remain in full force and effect.
Grievance Redressal: The Company’s Grievance Officer can be contacted for resolution of any complaint under applicable law. All communications must be marked with the subject line “URGENT – Grievance Redressal” to:

Ms. Kanan Shah

Email: care@driefcase.com

Communication with and by User/Customers

When You visit DRiefcase or use it to send emails/text messages including through text messaging services or provide information or communicate to us either via email/text messages including text messaging services/calls, You understand that You are creating electronic records which the Company may keep a record of and access if required for its Services or if required to be disclosed in accordance with applicable law.
You expressly Consent to receive communications from the Company periodically or as and when required, including in relation to verification, updates, Services or promotion of new Services.
All queries, complaints, suggestions or comments can be sent to the Company at care@driefcase.com.