Terms Of Use and Privacy Policy for Spokes

All India Institute of Medical Sciences (AIIMS) is the author, publisher and owner of the STEMI ACT app. This app is intended to be used solely for the decision support system for management of ST Elevation Myocardial Infarction (STEMI) Acute Coronary Syndrome (ACS) patients only, who are consented as per the ICH & GCP guidelines to participate in the STEMI ACT study.

This research project evaluates the impact of tele-ECG based decision support system on thrombolysis rate in STEMI ACS patients at primary and secondary care hospital settings in selected districts of India. This health care research project is funded by the Indian Council of Medical Research (ICMR) and sponsored by All India Institute of Medical Sciences, New Delhi (hereafter mentioned as AIIMS)

By accessing, viewing or using the app or any of the content on the app, you indicate that you understand and intend these terms of use ("Terms of Use") to be the legal equivalent of a signed, binding written contract, and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the app and should exit immediately. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of using or transacting on an app, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

This app inter alia facilitates the provision of"Services" as per the protocol of the STEMI ACT study. The access and use of the app shall be governed in accordance with theseTerms of Use read along with the privacy policy set out in the app (together referred to as"Agreement").

By accessing the app, registering or any other means of usage herein, the User shall be deemed to have read and agreed to these terms of Agreement without requiring any other express, implied or other consent requirement in writing or otherwise.

AIIMS reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Agreement, without prior notice. Further, AIIMS reserves the right to withdraw, suspend, alter, modify, change or vary the app, the app features, the app content, Services or parts thereof, at its sole discretion, without prior notice. All modifications / amendments to the Agreement will be posted on the app and will become effective immediately upon such posting on the app. Your continued use of the App after such change or modification shall be deemed to be your agreement to the revised/modified Agreement. Please review these Terms of Use and Privacy Policy regularly to remain informed of any change. If you do not agree to the Agreement, please discontinue using this app immediately

The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and as such shall not deem to have an overriding effect over the other terms of the Agreement and shall not be interpreted in derogation to the other terms of this Agreement.

User may use this service to send to below information to HUB, the medical history and ECG of patient screened and consented at your hospital and review information regarding thrombolytic agent administered along with the ECGs at 15 minutes and 60 minutes after thrombolysis.
The accuracy, integrity and the completeness of the information provided by your spoke depend on the information provided by User at spoke. This app is merely facilitator communicating or storing information and does not in any manner alter the information sent by you to your HUB. AIIMS shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made by User .

CONSULTATION SERVICES

The app facilitates video/tele/e-consultation services by providing User access to and enabling interaction with your HUB facility for diagnosis and treatment decision support.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the cardiologist at HUB and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the physician at spoke.
The Consultation Service is provided for cardiologist's support for diagnosis and decision pertaining to the management of STEMI ACS patients consented for participation in the study at your facility ( spoke), which do not require any physical intervention of a Cardiologist or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc. The use of the Consultation Services shall be at Your own judgement and perception, we shall not be, directly or indirectly, liable for any lapse of Your judgement which may result in any injury or loss, nor shall we be liable for the use of the Consultation Services in contravention of the terms mentioned in this Agreement.
Consultation Service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for support for diagnosis and decision pertaining to the management of STEMI ACS patients consented for participation in the study at spoke
Any prescriptions made by the Cardiologist basis the Consultation Services shall be at sole discretion of the Cardiologist and such Cardiologist shall be solely responsible for making such prescription. AIIMS does not endorse any prescription nor does it deal in medical drugs.
By availing Consultation Services, User provides its consent to AIIMS for recoding, saving and storing for record purposes all such Consultation Services availed through the app by User in the event such records are required to be produced as evidence on the direction of a court of law. AIIMS may review such data from time to time for research, quality and evaluation purposes. However, under normal circumstances, AIIMS will not access any information that identifies a User and shall either omit, mask or anonymise User's personal information at the time of quality evaluation.

ELIGIBILITY The User hereby represents and warrants that the user :

Is a qualified physician at spoke (primary or secondary care hospital in India selected by HUB) for the STEMI ACT study and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;
has the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
Is not impersonating any other person and are using your actual identity;
agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of this app including Services.

TERM AND TERMINATION This Agreement shall remain in full force and effect while you use the Services or are a User on the app. AIIMS may terminate your use of/access to this app or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
USER PROFILE
The registration and creation of a User profile will be done by Your HUB.
To create a User Profile, you may either:
acknowledge and agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
You understand that it is your responsibility to protect certain information relating to your usage of the app including, but not limited to your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile
By creating an account, you agree to
AIIMS or the app store that makes the app available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the app in order to continue to access Services, or portions thereof(including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us shall be considered part of the Services.
AIIMS may also prescribe certain limits on the use of the app and/or Services or Content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy.
USER CONTENT
For the conduct of the study, AIIMS may allow the User to upload their patient's existing medical records, text, files, images, photos, (collectively, "User Content").
The User undertake to share or allow sharing of User Content with AIIMS at their own risk. AIIMS reserves the right to retain such information for the purpose of study.
AIIMS reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that AIIMS deems to be inappropriate:
Content belonging to another person and to which a User does not have any right to, other than the those of patients of the user;
Content that infringes intellectual property of any party;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libellous, defamatory, or otherwise tortious language;
Content that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; and
Content that involves commercial activities and/or sales without AIIMS' prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
USER GUIDELINES
In consideration of AIIMS granting you a license to use the app, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair any AIIMS server, any network(s) connected to any AIIMS server. You shall not attempt to gain unauthorised access to any functions and features, other User accounts, computer systems or networks connected to any AIIMS server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the app.
You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the app; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the app; and/or (c) create derivative works of this app.
You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
You shall request AIIMS to disable your account and change the password immediately for the account, if your device (wherein aap account may be signed in) has been lost or stolen.
You are responsible for any and all activities that occur in your account. You agree to notify AIIMS immediately in the event of an unauthorised use of User account or any other form of security breach. AIIMS shall not be liable for any loss to you or your organisation owing to negligent actions or a failure on your part to inform AIIMS, within a reasonable time, about loss or theft of your device and/or any unauthorised access in your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and AIIMS.
You shall be liable for losses incurred by AIIMS or any other party due to a third party’s use of your account.
You shall ensure that, while using the functions and features of the, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. AIIMS shall not be liable in any manner whatsoever for default of any nature by you.
DISCLAIMER OF WARRANTIES
USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OF SERVICES SHALL BE AT SOLE RISK OF USER. AIIMS, ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT(" AIIMS") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Without limiting the generality of the foregoing, AIIMS makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a the physician at spoke and/or such other claims pertaining to, including, without limitation: (a) quality of care provided and authenticity of the user at spoke; (b) delay in performance/delivery or non-performance of the care provider user at spoke; (d) non-maintenance or any loss of health and medical records.
You accept and acknowledge that AIIMS does not verify any content or information provided by user at the spoke, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the any Parties’ use or reliance upon the app, the Services, data and reports by spoke, representations and warranties made by the any of the parties on the app or any opinion or suggestion given or expressed by you in relation to any care provided at the spoke.
AIIMS is not responsible for the conduct, whether online or offline, of any User of the Services. AIIMS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any User Content or AIIMS Content or data from any Third Party Service Provider.
Under no circumstances shall AIIMS be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content or AIIMS Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Service Provider, whether online or offline. AIIMS cannot guarantee and does not promise any specific results from use of the Services.
This app is controlled and operated from India and AIIMS makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this app from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the AIIMS from any liability or loss in this respect.
AIIMS reserves the right to introduce and initiate new features, functionalities and components to the App and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, AIIMS is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the app without any prior notice to you.
DISPUTES AND GOVERNING LAW
In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Delhi shall have exclusive jurisdiction to adjudicate all disputes.
Notwithstanding anything to the contrary contained anywhere in theseTerms of Use, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by AIIMS from a breach of the Terms of this app and accordingly, AIIMS shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these Terms of Use.
FORCE MAJEURE AIIMS and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
INFRINGEMENT NOTIFICATION
If you believe in good faith that any AIIMS content, User Content or material posted or otherwise made accessible on this app, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this App, please compile the following information and email it to: pardeepmlk25@gmail.com
and which email shall contain at least the following information:
a clear identification of the allegedly prohibited/unlawful/abusive material on the app (with specific URL reference);
your contact details: name, address, e-mail address and phone number;
in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on App is not authorised by you or your agent or law;
a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorised to act on your behalf.
The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.
In such an event, AIIMS may contact you for any further information and reserves the right to determine, at its sole discretion, whether such AIIMS Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any malafide use of the notification process set out above, AIIMS reserves the right to restrict your access to the app.
INDEMNITY You agree to indemnify, defend and hold harmless , and any subsidiary, affiliate, director, officer, and employee, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from: (i) User Content; (ii) your use of and access to the app or Services; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party's or Third Party Service Provider's right, including without limitation any intellectual property right; or (v)your unauthorised use of the Services. This defence and indemnification obligation will survive these Terms of Use and your use of the app and/or the Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AIIMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE,DATA (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT AIIMS SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
INFORMATION GATHERED AND TRACKED
For the purpose of your registration and creation of User Profile on our app, we will collect and store such your name, email address, mobile number. All information collected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We guarantee that personal information about Users will not be provided to any third party without consent from the information source including consent from the relevant User and/or the Third Party Service Provider.
The app has a Privacy Policy disclosing what information we collect about and from Users, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. This statement is incorporated by reference, as if set forth fully herein.
SERVICE LEVELS The app will achieve System Availability of at least 99% during each calendar year. For the purpose of these Terms of Use, "System Availability" means the number of minutes in a year that the key components of the app is operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance,(b) events of force majeure, (c) malicious attacks on the system, (d) issues associated with the User’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of User. AIIMS reserves the right to take the App offline for scheduled maintenance for which User(s) would be provided reasonable notice and AIIMS reserves the right to change its maintenance window upon prior notice to User(s).
WAIVER AND SEVERABILITY OF TERMS The failure of AIIMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
ASSIGNMENT You may not assign your rights and obligations under these Terms of Use without the prior written consent of AIIMS. CONTACT US Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms of Use, by emailing at pardeepmlk25@gmail.com

Privacy Policy

We request you to carefully read this Privacy Policy and Terms of Use of this app before sharing personal information with us. By using this app, you explicitly consent and agree to the privacy policy laid out herein and by providing your patient's personal and health information and you hereby acknowledge for the collection, receipt, storage, use, processing, disclosure and transfer of your patient's personal information in accordance with the provisions of this Privacy Policy. No liability pertaining to the authenticity/ genuineness/ misrepresentation/ fraud/ negligence, etc. of the information disclosed shall lie on AIIMS nor will AIIMS in any way be responsible to verify any information obtained from You.
Collection, use and disclosure of information which has been designated as Personal Information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 requires express consent of the User. By affirming your assent to this Privacy Policy, You provide Your consent to AIIMS for such use, collection and disclosure for provision of Services.

Collection of information:

We will be collecting your name email address and password. We would also be collecting information regarding identification, demographic, anthropometric measurements, health & medication history, diagnosis and treatment given of your patient. We would also be collecting a signed consent from the patient treated at your center for sharing the information with the higher medical center for decision making.

We don't scan any other files from your storage system other than the files you're explicitly uploading
We require permission to use images or capture image from camera for updating profile photo, uploading images as medical record
We shall only save images where user explicitly chooses to save images with us

USE OF INFORMATION

1. You agree and acknowledge that all information gathered from you, may be used by AIIMS for the following purposes:
2. The health information of the patient provided by the user will be sent to the hub for better diagnosis and treatment decision support.
3. to comply with central, state or local laws that require disclosure;
4. to respond to law enforcement officials or to judicial orders, subpoenas or other process;
5. to avert a serious threat to health or safety;
6. to enable the provision of Services opted by You including collating all User medical records, reports and other data;
7. to conduct research as per the study protocol and to use anonymized data for research, statistical analysis
8. to use Your information to operate, improve and maintain our app, to prevent fraud and abuse;
9. Please note that We may use Non-Personal Information created by Us without restriction. We may retain Non-Personal Information and will continue to use Non-Personal Information as permitted under this Privacy Policy and applicable law.
DISCLOSURE OF PERSONAL INFORMATION

We may disclose Personal Information that We collect from You or that You provide:

The health data entered will be shared with the resident / consultant cardiology at your hub for decision support as required for the protocol of STEMI ACT study.
as required by law, which can include providing information as required by a court order;
when we believe in good faith that disclosure is necessary to protect Your safety or the safety of others, to protect Our rights, to investigate fraud, or to respond to a government request;
to government institutions/ authorities to the extent required (i) under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority; (ii) to protect and defend the rights or property of AIIMS; (iii) to fight fraud ; (iv) to enforce AIIMS Terms of Use (to which this Privacy Policy is also a part); or (v) when AIIMS, in its sole discretion, deems it necessary in order to protect its rights or the rights of others; and
if otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
AIIMS may make User information/data accessible to its employees and data processors only on a need-to-know basis. All AIIMS employees and data processors, who have access to, and are associated with the processing of User information, are obliged to respect its confidentiality.

SECURITY
1. AIIMS adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect all User information including Personal Information in its possession from loss, misuse and unauthorised access, disclosure, alteration and destruction.
2. AIIMS shall take reasonable steps to protect Your Personal Information in an effort to prevent loss, misuse, unauthorised access, disclosure, alteration, and destruction.
3. AIIMS assumes no liability or responsibility for disclosure of your or your patient's Personal Information due to errors in transmission, unauthorised third-party access, or other causes beyond its control. AIIMS has undertaken reasonable measures to protect Your rights of privacy with respect to Your usage of the App controlled by Us and Services provided herein. However, We shall not be liable for any unauthorised or unlawful disclosures of Your Personal Information made by any third parties who are not subject to Our control.
CONFIDENTIALITY
USER’S RIGHTS
1. All the information provided to AIIMS by a User, including Personal Information, is voluntary. User has the right to withdraw consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive i.e. We cannot delete the Personal Information for which We are custodians that is the data collected prior to the consent withdrawal.
AMENDMENT AIIMS reserves the right to amend the Privacy Policy, as and when required. It is Your responsibility to keep yourself updated of the changes made from time to time. Your continued use of the App shall be deemed to be Your acceptance of such changes.
GRIEVANCE REDRESSAL
1. In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of AIIMS for the purpose of this Policy shall be:
  1. Grievance Officer Name Pardeep Kumar
  2. Email Address: pardeepmlk25@gmail.com

In case You have any questions, comments or concerns about this Privacy Policy or wish to exercise any of the above mentioned rights, You can contact us at pardeepmlk25@gmail.com

Terms Of Use and Privacy Policy for Hubs

Terms Of Use

By accessing, viewing or using the app or any of the content on the app, you indicate that you understand and intend these terms of use ("Terms of Use") to be the legal equivalent of a signed, binding written contract, and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the app and should exit immediately. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of using or transacting on an app, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

AIIMS reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Agreement, without prior notice. Further, AIIMS reserves the right to withdraw, suspend, alter, modify, change or vary the app, the app features, the app content, Services or parts thereof, at its sole discretion, without prior notice. All modifications / amendments to the Agreement will be posted on the app and will become effective immediately upon such posting on the app. Your continued use of the Portal after such change or modification shall be deemed to be your agreement to the revised/modified Agreement. Please review these Terms of Use and Privacy Policy regularly to remain informed of any change. If you do not agree to the Agreement, please discontinue using this app immediately

The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and as such shall not deem to have an overriding effect over the other terms of the Agreement and shall not be interpreted in derogation to the other terms of this Agreement.

User may use the this service to receive demographics, medical history and ECG of patient screened and consented at one of your spoke hospitals and review information regarding thrombolytic agent administered along with the ECGs at 15 minutes and 60 minutes after thrombolysis.
The accuracy, integrity and the completeness of the information provided by your spoke depend on the information provided by User at spoke. This app is merely facilitator communicating or storing information and does not in any manner alter the information sent to you or by the spoke. AIIMS shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made by User .

CONSULTATION SERVICES

The app facilitates video/tele/e-consultation services by providing User access to and enabling interaction with your spoke facilities.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the physician at spoke and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the physician at spoke.
The Consultation Service is provided for cardiologist's support for diagnosis and decision pertaining to the management of STEMI ACS patients consented for participation in the study at spoke, which do not require any physical intervention of a Cardiologist or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc.
Consultation Service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for support for diagnosis and decision pertaining to the management of STEMI ACS patients consented for participation in the study at spoke
By availing Consultation Services, User provides its consent to AIIMS for recoding, saving and storing for record purposes all such Consultation Services availed through the app by User in the event such records are required to be produced as evidence on the direction of a court of law. AIIMS may review such data from time to time for quality evaluation purposes. However, under normal circumstances, AIIMS will not access any information that identifies a User and shall either omit, mask or anonymise User's personal information at the time of quality evaluation.
ELIGIBILITY The User hereby represents and warrants that the user :
Is a Resident or consultant of Cardiology department of teaching or a tertiary care hospital selected by AIIMS new Delhi as a HUB for the STEMI ACT study and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;
has the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
Is not impersonating any other person and are using your actual identity;
agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of this app including Services.
TERM AND TERMINATION This Agreement shall remain in full force and effect while you use the Services or are a User on the app. AIIMS may terminate your use of/access to this app or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
USER PROFILE
The registration and creation of a User profile will be done by AIIMS
To create a User Profile, you may either:
acknowledge and agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
You understand that it is your responsibility to protect certain information relating to your usage of the app including, but not limited to your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile
By creating an account, you agree to
AIIMS or the app store that makes the app available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the app in order to continue to access Services, or portions thereof(including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us shall be considered part of the Services.
USER CONTENT
For the conduct of the study, AIIMS may allow the User to upload their patient's existing medical records, text, files, images, photos, (collectively, "User Content").
The User undertake to share or allow sharing of User Content with AIIMS at their own risk. AIIMS reserves the right to retain such information for the purpose of study.
AIIMS reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that AIIMS deems to be inappropriate:
Content belonging to another person and to which a User does not have any right to, other than the those of patients of the user;
Content that infringes intellectual property of any party;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libellous, defamatory, or otherwise tortious language;
Content that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; and
Content that involves commercial activities and/or sales without AIIMS' prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
USER GUIDELINES
In consideration of AIIMS granting you a license to use the app, you hereby agree not to use the Portal for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the Portal in any manner that could damage, disable, overburden, or impair any AIIMS server, any network(s) connected to any AIIMS server. You shall not attempt to gain unauthorised access to any functions and features, other User accounts, computer systems or networks connected to any AIIMS server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the app.
You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the app; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the app; and/or (c) create derivative works of this app.
You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
You shall request AIIMS to disable your account and change the password immediately for the account, if your device (wherein aap account may be signed in) has been lost or stolen.
You are responsible for any and all activities that occur in your account. You agree to notify AIIMS immediately in the event of an unauthorised use of User account or any other form of security breach. AIIMS shall not be liable for any loss to you or your organisation owing to negligent actions or a failure on your part to inform AIIMS, within a reasonable time, about loss or theft of your device and/or any unauthorised access in your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and AIIMS.
You shall be liable for losses incurred by AIIMS or any other party due to a third party’s use of your account.
You shall ensure that, while using the functions and features of the, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. AIIMS shall not be liable in any manner whatsoever for default of any nature by you.
INTELLECTUAL PROPERTY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to AIIMS, If Orbi Health become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and we will be happy to take corrective action accordingly.
DISCLAIMER OF WARRANTIES
USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OF SERVICES SHALL BE AT SOLE RISK OF USER. AIIMS, ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT(" AIIMS") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Without limiting the generality of the foregoing, AIIMS makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a the physician at spoke and/or such other claims pertaining to, including, without limitation: (a) quality of care provided and authenticity of the user at spoke; (b) delay in performance/delivery or non-performance of the care provider user at spoke; (d) non-maintenance or any loss of health and medical records.
You accept and acknowledge that AIIMS does not verify any content or information provided by user at the spoke, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the any Parties’ use or reliance upon the app, the Services, data and reports by spoke, representations and warranties made by the any of the parties on the app or any opinion or suggestion given or expressed by you in relation to any care provided at the spoke.
AIIMS is not responsible for the conduct, whether online or offline, of any User of the Services. AIIMS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any User Content or AIIMS Content or data from any Third Party Service Provider.
Under no circumstances shall AIIMS be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content or AIIMS Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Service Provider, whether online or offline. AIIMS cannot guarantee and does not promise any specific results from use of the Services.
This app is controlled and operated from India and AIIMS makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this app from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the AIIMS from any liability or loss in this respect.
AIIMS reserves the right to introduce and initiate new features, functionalities and components to the Portal and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, AIIMS is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the app without any prior notice to you.
DISPUTES AND GOVERNING LAW
In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Delhi shall have exclusive jurisdiction to adjudicate all disputes.
Notwithstanding anything to the contrary contained anywhere in theseTerms of Use, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by AIIMS from a breach of the Terms of this app and accordingly, AIIMS shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these Terms of Use.
FORCE MAJEURE AIIMS and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
INFRINGEMENT NOTIFICATION
If you believe in good faith that any AIIMS content, User Content or material posted or otherwise made accessible on this app, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this Portal, please compile the following information and email it to: pardeepmlk25@gmail.com
and which email shall contain at least the following information:
a clear identification of the allegedly prohibited/unlawful/abusive material on the app (with specific URL reference);
your contact details: name, address, e-mail address and phone number;
in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Portal is not authorised by you or your agent or law;
a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorised to act on your behalf.
The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.
In such an event, AIIMS may contact you for any further information and reserves the right to determine, at its sole discretion, whether such AIIMS Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any malafide use of the notification process set out above, AIIMS reserves the right to restrict your access to the app.
INDEMNITY You agree to indemnify, defend and hold harmless , and any subsidiary, affiliate, director, officer, and employee, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from: (i) User Content; (ii) your use of and access to the app or Services; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party's or Third Party Service Provider's right, including without limitation any intellectual property right; or (v)your unauthorised use of the Services. This defence and indemnification obligation will survive these Terms of Use and your use of the app and/or the Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AIIMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE,DATA (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT AIIMS SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
INFORMATION GATHERED AND TRACKED
For the purpose of your registration and creation of User Profile on our app, we will collect and store such your name, email address, mobile number. All information collected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We guarantee that personal information about Users will not be provided to any third party without consent from the information source including consent from the relevant User and/or the Third Party Service Provider.
The appl has a Privacy Policy disclosing what information we collect about and from Users, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. This statement is incorporated by reference, as if set forth fully herein.
SERVICE LEVELS The app will achieve System Availability of at least 99% during each calendar year. For the purpose of these Terms of Use, "System Availability" means the number of minutes in a year that the key components of the app is operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance,(b) events of force majeure, (c) malicious attacks on the system, (d) issues associated with the User’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of User. AIIMS reserves the right to take the Portal offline for scheduled maintenance for which User(s) would be provided reasonable notice and AIIMS reserves the right to change its maintenance window upon prior notice to User(s).
WAIVER AND SEVERABILITY OF TERMS The failure of AIIMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
ASSIGNMENT You may not assign your rights and obligations under these Terms of Use without the prior written consent of AIIMS. CONTACT US Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms of Use, by emailing at pardeepmlk25@gmail.com

Privacy Policy

We request you to carefully read this Privacy Policy and Terms of Use of this app before sharing personal information with us. By using this app, you explicitly consent and agree to the privacy policy laid out herein and by providing your patient's personal and health information and you hereby acknowledge for the collection, receipt, storage, use, processing, disclosure and transfer of your patient's personal information in accordance with the provisions of this Privacy Policy. No liability pertaining to the authenticity/ genuineness/ misrepresentation/ fraud/ negligence, etc. of the information disclosed shall lie on AIIMS nor will AIIMS in any way be responsible to verify any information obtained from you.
Collection, use and disclosure of information which has been designated as Personal Information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 requires express consent of the User. By affirming your assent to this Privacy Policy, You provide Your consent to AIIMS for such use, collection and disclosure for provision of services to conduct the study.

Collection of information:

We will be collecting your name email address and password.

We don't scan any other files from your storage system other than the files you're explicitly uploading
We shall only save images where user explicitly chooses to save images with us

USE OF INFORMATION
1. You agree and acknowledge that all information gathered from you, may be used by AIIMS for the following purposes:
2. The decision support health information provided by you on the app pertaining to management of the patient at your spoke.
3. to comply with central, state or local laws that require disclosure;
4. to respond to law enforcement officials or to judicial orders, subpoenas or other process;
5. to avert a serious threat to health or safety;
6. to conduct research as per the study protocol and to use anonymized data for research, statistical analysis
7. to use Your information to operate, improve and maintain our app, to prevent fraud and abuse;
8. Please note that we may use non-personal information created by us without restriction. We may retain Non-Personal Information and will continue to use Non-Personal Information as permitted under this Privacy Policy and applicable law.
DISCLOSURE OF PERSONAL INFORMATION

We may disclose Personal Information that we collect from you or that You provide:

The diagnosis and treatment decision entered by you on this app will be shared with the treating physician at spoke for decision support as required for the protocol of STEMI ACT study.
as required by law, which can include providing information as required by a court order;
when we believe in good faith that disclosure is necessary to protect Your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request;
to government institutions/ authorities to the extent required (i) under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority; (ii) to protect and defend the rights or property of AIIMS; (iii) to fight fraud ; (iv) to enforce AIIMS Terms of Use (to which this Privacy Policy is also a part); or (v) when AIIMS, in its sole discretion, deems it necessary in order to protect its rights or the rights of others; and
if otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
AIIMS may make User information/data accessible to its employees and data processors only on a need-to-know basis. All AIIMS employees and data processors, who have access to, and are associated with the processing of User information, are obliged to respect its confidentiality.

SECURITY
1. AIIMS adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect all User information including Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
2. AIIMS shall take reasonable steps to protect Your Personal Information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction.
3. AIIMS assumes no liability or responsibility for disclosure of your or your patient's Personal Information due to errors in transmission, unauthorized third-party access, or other causes beyond its control. AIIMS has undertaken reasonable measures to protect your rights of privacy with respect to your usage of the app controlled by us and Services provided herein. However, we shall not be liable for any unauthorized or unlawful disclosures of Your Personal Information made by any third parties who are not subject to our control.
CONFIDENTIALITY
USER’S RIGHTS
1. All the information provided to AIIMS by a User, including Personal Information, is voluntary. User has the right to withdraw consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive i.e. We cannot delete the Personal Information for which We are custodians that is the data collected prior to the consent withdrawal.
AMENDMENT AIIMS reserves the right to amend the Privacy Policy, as and when required. It is your responsibility to keep yourself updated of the changes made from time to time. Your continued use of the Portal shall be deemed to be your acceptance of such changes.
GRIEVANCE REDRESSAL
1. In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of AIIMS for the purpose of this Policy shall be:
  1. Grievance Officer Name Pardeep Kumar
  2. Email Address: pardeepmlk25@gmail.com

In case You have any questions, comments or concerns about this Privacy Policy or wish to exercise any of the above mentioned rights, You can contact us at pardeepmlk25@gmail.com