Terms of Use

Terms & Conditions – Retrieval of Patient Images/ Records from DA Imaging Portal

These terms govern your access to and use of Doctor Anywhere’s Imaging Portal to retrieve patient images / records (“the Platform“), owned and operated by  DA Burgundy Pte. Ltd. and its related corporations and affiliates (“DA”). By accessing or using the Platform, you agree to be bound by these terms. If you do not agree to these terms, do not access or use the Platform.

 

YOUR ACCOUNT

1. DA shall provide you with a Login ID and Password in order to access the Platform.  You shall be responsible for maintaining the confidentiality of your account information for the Platform and will be responsible for any unauthorized disclosure or use thereof. You shall not at any time disclose such account information to any other party without DA’s prior written consent. 
2. You shall comply with all security procedures applicable to the Platform which we may introduce from time to time. 
3. You understand and acknowledge that there is a permanent audit trail whenever you access any patient’s records or images via the Platform.
4. If you believe that the security of your account information has been compromised, you shall notify us immediately. 

 

USE OF THE PLATFORM

1. Save as otherwise permitted by DA, you shall only use the Platform to access the patient images / records of your own patients. 
2. You shall only use the patient images / records for the medical treatment and care of your patients, and other related purposes, and shall not use such images / records for any other purpose unless otherwise permitted by DA. 
3. When logged on to the Platforms, you shall not, at any point, leave your computer terminal unsecured or unattended so as to prevent any unauthorized use or access of the Platform.
4. You shall not:
   1. Modify, adapt, translate, or reverse engineer the Platform.
   2. Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
   3. Access or attempt to access any other user’s account or data.
   4. Transmit any viruses, malware, harmful code or any other damaging elements through the Platform.

 

CONFIDENTIALITY

1. All information acquired through the Platform, including but not limited to patient images / records, is strictly confidential, and is not to be published, transmitted or communicated to any other person by any means whatsoever without DA’s prior written approval save as otherwise permitted under these terms. 

 

INTELLECTUAL PROPERTY

1. The Platform and its contents, including, without limitation; text, pictures, graphics, source code, and other files as well as the selection and arrangement thereof are intellectual property owned by or licensed to DA. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks“) used and displayed in the Platform are registered and unregistered trademarks and/or service marks of DA, and users may not copy, imitate or use the Trademarks, in whole or in part, for any purpose, including without limitation in any marketing or advertising materials, without the prior written consent of DA. DA reserves all rights, title, and interest in and to the Platform, the aggregated statistical data collected, and all related intellectual property rights. No rights are granted to users hereunder other than as expressly set out herein.

 

INDEMNIFICATION & LIMITATION OF LIABILITY

1. You agree to fully indemnify and hold harmless DA and its members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees“) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of these terms and any terms relating to your use of the Platform; (b) your access or use of the Platform;  (c) any action taken by DA as part of its investigation of any suspected breach of these terms or as a result of DA’s finding or decision that a breach of these terms has occurred; and (d) your breach of any rights of any other person. 
2. To the maximum extent allowed under applicable law:
   1. the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Platform, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Platform or contained in or available from the Platform or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
   2. in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platform or any third party software or applications in conjunction with the Platform, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
   3. In the event that DA is held liable, DA shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by DA’s gross negligence or wilful default. 

 

GENERAL

1. We strive to ensure the availability and functionality of the Platform but we do not guarantee uninterrupted, secure, or error-free operation of the Platform. 
2. We reserve the right to suspend or terminate access to the Platform at any time for any reason whatsoever in our sole and absolute discretion, without prior notice.
3. We reserve the right to modify, update, or revise these terms of use at any time without prior notice. Users are encouraged to review these terms periodically for any changes.
4. This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with these terms through amicable negotiations (which shall be commenced by either party giving written notice to the other).  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.