BY ACCESSING OR USING THE SERVICES, AS A SUBSCRIBER, HE IS
AGREEING BY THESE PRESENTS TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. HOWEVER, THE SUBSCRIBER IS
AT OPTION NOT TO ACCESS THIS WEBSITE.
THIS IS A BINDING AGREEMENT
This subscription agreement is entered by and between :-
DatalifeHealth is one of the various other products /services owned
and managed by DatalifeHealth Services Private Limited, a company duly incorporated and registered under Companies
Act-1956 having its registered office at No. 22, 1st Cross Road, Madhavanagar, Bangalore - 560 001. 'DatalifeHealth'
is one of the products/services of Datascribe, and is committed in providing its subscribers convenient storage,
protection, accessibility, retrieval of Personal Health Information. Either DatalifeHealth or the Company are referred
to as 'the Company' in this document.
DatalifeHealth is the mode with which, the company aims to provide
to its subscribers service of Maintaining, Displaying, Providing Subscriber's Health Information (SHI) at their
fingertips. Medical information of the subscriber assumes importance at critical / emergency situations when his
/ her health is at stake demanding due attendance. The Company aims to achieve this by providing its subscribers
a platform whereby they can keep theirhealth information in the form of hard copies, scanned copies, voice
dictation from authorized doctors. The company has developed appropriate columns of electronic medical record
software achieved through a very well developed software application meeting to the standards of "meaningful
EMR" and World Health Organization. Through this subscription the company,
- Provides access, download accurate and in a chronological manner the Subscriber's Health Information facility
as and when required by the Subscriber or by the authorized person using web based technology and database
-Assures the subscriber to maintain confidentiality, security and consistency of Subscriber's Health Information
'The Company'- this word shall mean DatalifeHealth Services Private Limited.
'The Subscriber'-This word shall means an individual who
executes or enters into this Agreement with the company to maintain and store Subscriber's Health Information in
a Personal Subscriber Account that may be accessed at the company's web site, and/or who accepts the terms and
conditions set forth in this Agreement so as to be able to access and/or use the web site of the company. A
Subscriber may access, use, store; or cause to be used, accessed, or stored, and maintain his or her own
information in the Subscriber's Account. However, the subscriber is a person competent to contract, otherwise
not disabled to enter into a legally enforceable contract and includes
Personal subscriber who obtains subscription of the company
for keeping his / her SHI. A "Personal Subscriber" is a Subscriber who obtains his/her subscription individually
and not through an employer or other organization ("Member Organization") and pays for the subscription directly
to the company
'Member Subscriber' a Subscriber who obtains his or her
subscription through a Member Organization which pays for the subscription on behalf of the Member Subscriber.
Such Member Subscriber shall mean and include persons like
Medical Establishments such as clinics or hospitals
(Government/Semi-Government/Private Medical Establishments)
Legal entities/persons such as associations whether
registered or not , a duly Company incorporated or otherwise, a partnership firm whether registered or not.
Subscriber Health Information SHI means and includes any
health related information of either the Personal Subscriber or a Member Subscriber provided into their Account
maintained with the company, such as, but not limited to,
Medical prescriptions prescribed by a Registered Medical
Practitioner in any discipline, Allopathy, Ayurveda, Unani, Homeopathy etc... .Diagnostic reports, Patient
summary reports, Discharge summaries, Case sheets, X-rays, MRI, CT, Digital health records, And other health
related documentation, Physician notes/dictation prepared by Medical Establishments in any of the formats,
including (*as per DICOM format)
'Prescribed Mode' shall mean the process of subscriber
obtaining the services of the company by using verified account through verified email id.
verbal/voice dictation by a registered medical practitioner.
Uploading images and scanned documents containing SHI.
SHI contained in text sent via email generated through
confirmed email id.
Service' shall unless the context otherwise means, mean
facilities like, access, download accurate and in a chronological manner the Subscriber's Health Information as
and when required by the Subscriber or by the authorized person using web based technology and database
'VERIFIED EMAIL ID'-Subscriber's choice of email id
generated for himself on the web site of the company namely www.datalifehealth.com through which SHI shall be
provided for obtaining services of the company.
'VERIFIED ACCOUNT' means a unique identification name
generated on the website of the company for its subscribers, vide which the company provides the services to the
'Month' and 'YEAR' - words shall mean English Calendar Month
and Year respectively.
RIGHT TO USE, SITE CONTENT, GENERAL INFORMATION
The Company hereby grants to the Subscriber the right to
access, view, and use the Site, subject to the terms and conditions of this Agreement. The Company reserves the
right to add new features to the Site and remove current features from the Site without notice to the
Subscribers. The Subscriber may download and/or print a copy of the information stored in their respective The
Company Verified Accounts from the Site for personal use only and, when appropriate, in a manner consistent with
Legal Limitations, without affecting the rights of the company.
The Company NEITHER PRACTICES MEDICINE NOR DISPENSES MEDICAL
The content on the Company's web site and in Subscribers'
Accounts, including but not limited to, text, graphics, images, information obtained from third parties, links,
and other material ("Content") is intended for informational and educational purposes only. The Company has
right to take action against persons using the contents for any other purpose, including commercial purpose.
The Content on the company's website should not in any which
case be considered medical or health advice. Nothing on the Site is intended to be used for medical diagnosis or
treatment, or to suggest a course of treatment for a particular Subscriber or User. The Content is not intended
to be a substitute for professional medical advice, diagnosis, or treatment..
Subscribers shall not disregard professional medical advice
or treatment or delay seeking professional medical advice or treatment because of anything on the company's
website, including the contents therein. The Content on the website should not be used in place of a visit,
call, consultation, or advice to, with, or from a qualified healthcare provider, including a personal physician.
Information that is obtained from the website is not
exhaustive, shall not be considered complete, and does not cover all diseases, ailments, physical or mental
conditions, or their treatment. The advice of the Subscriber's physician and/or any other registered healthcare
provider should be obtained directly from that physician or provider as appropriate. ANY QUESTIONS ABOUT ANY
MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE
The Company is not a medical establishment covered under
Karnataka Private Medical Establishment Act-2009 or any such allied law in India or elsewhere as such, is not
required to comply with its requirements.
ACCESS TO AND USE OF THE SITE BY SUBSCRIBERS
Access to and use of the company's website is available on a
pre-paid annual subscription basis.
(a) The Subscription Fee to access and use the company's
website and to establish an Account is defined in the Enrollment section of the company's website. The
Subscriber in addition to the Subscription Fee shall pay Service Tax thereon, as per applicable Law. The
Subscribers may register on the company's website for an Annual Subscription in accordance with Paragraph
(Subscription Period) hereinafter.
(b) In the case of an Annual Subscription, the Subscriber
will be entitled to access and use the company's website for an Initial Term of one (1) year from the date of
registration provided the Subscriber and any Users of the Subscriber's Account remain in compliance with the
terms and conditions of this Agreement.
(c) This Agreement will be automatically renewed for a
Renewal Term of an additional one (1) year in the case of an Annual Subscription at the end of the Initial Term
and at the end of each automatic Renewal Term thereafter, unless this Agreement is terminated in accordance with
Paragraphs 6 herein..
(d) By registering as a Personal Subscriber within the
Personal Subscriber's Account on the company's website, each Personal Subscriber authorizes the company to
charge the Personal Subscriber's credit card for the amount of the Subscription Fee within 24 hours of
registration. The Subscription Fee will be charged on the first day of the Initial Term and the first day of
each Renewal Term.
(e) The subscription charges are Rs. 1000/- per year per
subscriber. The company reserves the right to charge an additional Rs. 1000/- applicable statutory taxes thereon
per each additional ONE (1) gigabyte of storage in a Subscriber's Account once the total storage in that Account
has exceeded one (1) gigabyte..
(f) The Company reserves the right to charge or change
Subscription Fees, surcharges, and/or other fees at any time upon thirty (30) days prior written notice, duly
mailed to the verified email id.
The Subscriber may enter or upload, maintain, and store
information, including copies of documents, records, images, and information submitted to the Subscriber by
healthcare providers or other healthcare organizations, to a personal, secure, and unique Account established
for the Subscriber. .
Whenever a Subscriber's information is submitted to or
entered in the Subscriber's Account, that information will be communicated using encryption technology called
Secure Socket Layer ("SSL") encryption software. However, the company cannot and will not guarantee that: (a)
the information, during its transmission to a Subscriber's Account, will be protected against loss, misuse or
alteration by third parties; or (b) access to Subscriber's Accounts will be uninterrupted; or (c) SSL encryption
cannot be breached.
It is the responsibility of each Subscriber to ensure that
no unauthorized person has access to the Subscriber's User ID and Passwords. It is each Subscriber's sole
responsibility to control the dissemination and use of the Subscriber's User ID and Passwords, authorize,
monitor and control access to and use of the Subscriber's Account, and promptly inform DATASCRIBE of any need to
deactivate or change the Subscriber's User ID and/or Passwords. DATASCRIBE cannot and will not assume any
responsibility or liability for any information submitted to a Subscriber's Account or any information that is
used or misused whether submitted, used, or misused by (a) the Subscriber; (b) Users on the Subscriber's
Account; (c) the Subscriber's designee; (d) healthcare providers; (e) other healthcare organizations; (f) other
third parties; or (g) Member Organizations, whether or not acting on the Subscriber's behalf, whether or not
under the express or implied authority of the Subscriber.
The Subscriber hereby grants the company, its employees,
officers, directors, agents, and contractors, and all other persons or entities involved in the operation of the
company or the website the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the
information in the Subscriber's Account to operate the Site, including but not limited to converting documents
received on the Subscriber's behalf to an electronic format..
Subscribers to the company's website may also upload or
submit by e-mail or facsimile their SHI and medical records, X-rays and other personal medical images, and other
health-related information to their respective Accounts. To the extent permitted by law, any images submitted to
the company for uploading to a Subscriber's Account will become the property of the company and will not be
returned. The Company assumes no responsibility for the quality of X-rays or other personal medical images
reproduced the site of the company or for medical decisions, which are based on X-rays, EKGs / ECG, or other
personal medical images archived.
The entity or individual, including any Subscriber that
submits or enters health or health-related information into a Subscriber's Account is solely responsible for
that information's accuracy and completeness. Each Subscriber is responsible for reviewing information in his or
her Subscriber's Account as well as any documents re-produced from the company or on its website or, of any
(a) to maintain the security of User IDs, Passwords, and
other confidential information relating to the verified account;
(b) to use the company and its web site for the purpose of
obtaining services of the company, but not for any other purpose such as meddling with the company or its web
site directly or indirectly so as to cause computer viruses, worms, Trojan horses or other code that manifests
or could potentially manifest contaminating or destructive properties;
- not to impersonate with either living or dead person
- not to provide objectionable, scandalous, defamatory data
while providing SHI.
- not to deal in any manner with the company tarnishing its
image and brand value.
- not to interfere into the existing subscribers without
their consent in their activity with the company.
- not to provide health information of person other than the
- not to perform any other illegal/unlawful activity under
the name of company
- not to Hack, phish, freak or any other offensive activity.
- not to transmit any message, data, image or program that
would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or
other confidential proprietary information and trademarks or service marks used in an infringing manner
- not to purport to be an employee or agent of the company
(c) that the company's web site is for personal and
noncommercial access and use only. As a condition of continued use of the web site, Subscriber agrees to use the
web site solely in accordance with the terms and conditions set forth in this Agreement, as amended from time to
time without notice.
(d) not to use the company's web site to advertise or offer,
on an unsolicited basis, to sell goods or services to other Subscribers or Users or use the Site for purposes of
distributing unsolicited messages to one or more individuals;
(e) not to upload or download files that contain software or
other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable
law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate
such files has been received and communicated to the company's web site.
(f) to notify the company via verified email account as soon
as reasonably practicable of any real or suspected unauthorized use of the Subscriber's Account;
(g) to comply with instructions provided for obtaining
services of the company.
enumerated in para 9.
Each Subscriber is responsible for the communications
submitted to or entered into the verified account. A Subscriber, and/or a Subscriber's designee may not, under
any circumstances, do any of the following:
Each time a Subscriber uploads or posts information, data, a
document, or a file to the company's web site , the Subscriber, as applicable, represents and warrants that he
or she owns or otherwise controls the rights to the information, data, document, or file, or that he or she has
the necessary consents to upload it.
Subscriber agrees and declares that he/she is at least 18
years of age and also declares that he is not otherwise disabled in law to enter into this Agreement.
Subscriber agrees to be financially responsible for
obtaining services of the company under this Agreement, including minors for whom he/she has responsibility.
Subscriber further understands and agrees to comply with the
responsibilities and obligations as set forth in this Agreement, and understands and agrees that failing to
comply/contravening any of the foregoing provisions or obligations shall result in civil or criminal liability
at the option of the company.
The Effective Date of this Agreement is the date on which
the Subscriber's verified account is approved by the company by allocating a unique registration id.
Subject to payment of applicable fees, a Subscriber shall be
entitled to avail services of the company:- for a Term of one (1) year, commencing on the Effective Date and
shall be in force if renewed thereafter or registration is cancelled as enumerated under para 6.
The subscriber shall renew this Agreement before the expiry
of the period of 1 year from Effective date in which event, subject to company's acceptance of renewal request
this Agreement is renewed on payment of the subscription fee for a further period of 1 year.
The company shall have right to terminate/cancel
registration of the subscriber in the event of violation/unlawful activity/against interest of using particular
data/altering data/manipulating data/wrong motivation towards company or individual of/using DatalifeHealth and other
circumstances of breach of obligations arising in para 4.6 of this Agreement committed by the subscriber.
Either party may terminate this Agreement any time, with or
without cause, by giving written notice to the other party no later than thirty (30) days prior to the end of
the Initial or any Renewal Term.
Notwithstanding anything to the contrary in this Agreement,
the company may immediately terminate this Agreement or suspend a Subscriber's Account in the event that the
company determines, in its sole discretion, that a Subscriber or a User of the Subscriber's Account has violated
a material provision of this Agreement, including failing to make timely payment for the right to access and use
the Site. the company shall confirm such termination or suspension by subsequent written notice.
The subscriber agrees to receive refund of proportionate
subscription amount, to be decided at the discretion of the company, in the event of company's decision to
terminate this Agreement. The subscriber, however, in such an event would be informed about the decision of the
company One month in advance to facilitate the subscriber to make himself a copy of SHI provided with the
company so far in his verified account. At the expiry of this one month period, the company shall have every
right to electronically securely destroy the SHI of the subscriber.