Effective: 9 th June 2021
This website and / or application and /or platform, and all services provided by PurpleBits Infosystems Private Limited ( “Purpledocs” ). The terms “you” and “your” refer to you, the person or entity using the website, mobile / web application and/or procuring any goods, service or product from Purpledocs
Purpledocs offers the website, application, platform and any services conditioned upon your acceptance of all terms conditions policies and notices stated here. By procuring a service from Purpledocs, or by use of the application, website or platform, you agree to be bound by these terms and conditions (“Terms of Service or “Terms”), as applicable, to the use of this website, application, platform and any services.
Please note that by use of this website, application, platform and any services provided by Purpledocs, you also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink: [https://www.purpledocs.com/privacy_policy.html], other policies of Purpledocs.
These Terms of Service apply to: (A) medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Platform (“Medical Professional”); (B) A patient, his/her representatives or affiliates, searching for or consulting a Medical Professional through the Platform (“Patient”); (C) users of the Digitization Services, and (D) all users of the website, platform and any services provided by Purpledocs, except as may be specifically agreed otherwise in writing.
Please read these Terms of Service carefully before accessing or using the website, platform and using any services provided by Purpledocs. By accessing or using any part of the website, application or platform or by the use of any services provided by Purpledocs, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website, application, or platform or the use any products, application or services provided by Purpledocs. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.
Any new product or services provided by Purpledocs, or any new features or tools which are added to the website or platform shall, unless specifically stated otherwise, be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Purpledocs reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Purpledocs’s website or platform. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the website or platform or the use of the product or services from Purpledocs, constitutes acceptance of such revised Terms of Service.
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:
“Care Service” means the alerts, notifications and information provided by the Platform to the User and/or any other persons designated by the User in relation to medical and health status of a User;
“Consultation Services” means the service provided by Purpledocs that allows Patients & Medical Professionals to communicate and may access this feature on the Platform for the purposes of consultation with a Medical Professional.
“Delivered Records” means the electronic or physical copy of all/any of the Records stored either online on the cloud-based offering or offline in the warehouse(s)/godown of the Purpledocs respectively which is provided by the Purpledocs on receipt of a request for the same by a user of the Digitization Services and for which the Digitization Services have been carried out;
“Digitization Services” means the service of (i) offline physical storage/archival of Healthcare Records and any other Records in the warehouse(s)/godown of Purpledocs; (ii) digitization of Healthcare Records and any other Records for online storage and access through cloud-based offering; (iii) analysis of Delivered Records (being Healthcare Records and any other Records); (iv) Retrieval and delivery of the Delivered Records (Healthcare Records and any other Records); and (v) generation and management of Healthcare Records on an on-going basis using PurpleEMR application;
“Healthcare Records” shall mean and include the personal medical records of individuals who are patients of the users of the Digitization Services comprising of (without limitation) all indoor and outdoor patient records including diagnostic reports, lab reports, prescriptions, patient vital data and parameter recordings, doctors notes, dietician notes, nursing notes and records, consent forms, reports of investigations done, prescribed treatment, pathology and radiology reports, audio notes, surgical and other operative videos, hospital admission forms or other data, and all necessary documents or other information relating to the medical health of each respective individual patient etc., collected and stored at the hospital of the users of the Digitization Services;
“Intellectual Property Rights” means: (a) patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, rights in knowhow and other Intellectual Property Rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; (b) rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a); (c) rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist; (d) the right to sue for past infringements or any of the foregoing rights.
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;
“Platform” means the mobile / web applications and web-based / desktop applications owned and operated by Purpledocs, including any updates thereof, to be used for the provision of the Services;
“Records” means all necessary and relevant documents of the user of the Digitization Services for which the Digitization Services is required to be provided which includes but is not limited to all Healthcare Records of its patients, all other necessary documents or information relating to the business of the user of the Digitization Services such as spreadsheets, tables, photographs, drawings, diagrams, audio recordings, videos, reports, lists, or any other data, financial details, personal and health data of each of its respective employees;
“Services” means the Digitization Services, the Consultation Services, Care Management Services all other features and services provided by Purpledocs on the Platform;
“Sponsor” means any person who has entered into an arrangement with Purpledocs for providing the services of the Platform to Users who are employees, consultants or otherwise engaged with the Sponsor;
“User” means any user of the Services or Platform.
The User agrees and accepts that the Care Services are for informational matters only and does not constitute any medical advice. Purpledocs does not warrant that the Care Services shall be error free or continuously available and disclaims any warranties in connection with the Care Services. The User confirms that Purpledocs shall not have any liability whatsoever in connection with the Care Services.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE PLATFORM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL PURPLEDOCS OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE PLATFORM, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE PLATFORM, OR OTHER PRODUCTS OR SERVICES OF PURPLEDOCS OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH PURPLEDOCS; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
Without prejudice to anything contained in the Terms of Service, the User agree to indemnify, defend and hold harmless Purpledocs and Purpledocs’s subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If Purpledocs does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Purpledocs, unless specifically agreed by Purpledocs in writing.
The Platform shall undertake necessary processes to secure the data provided by the User. The Platform currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.
The User shall not assign or transfer the rights and obligations if the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Purpledocs’s prior written consent Purpledocs may assign or transfer the rights and obligations contained in there Terms of Service to any Person.
Questions about these Terms of Service should be sent to Purpledocs at firstname.lastname@example.org. Purpledocs may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with Purpledocs. The User accepts that notices by Purpledocs by any of the above means shall constitute valid notice.