Operational page under the Digital Personal Data Protection Act, 2023. The provisions below relating to Navidad Infotech Private Limited and the Protected Parties are incorporated by reference into the Website Terms and Conditions and form a material part of the User’s agreement with IndiMac Healthcare Pvt. Ltd.
IndiMac Healthcare Pvt. Ltd. (“IndiMac”) is the Data Fiduciary, within the meaning of the Digital Personal Data Protection Act, 2023, in respect of personal data processed in connection with home-healthcare and related services offered under the IndiMac name and brand. IndiMac determines the purposes for which such personal data are processed, including without limitation care coordination, medical and operational records, billing, communications, and regulatory compliance. The contract of service, and all rights and obligations arising from use of IndiMac-branded digital interfaces, subsist solely between the User (or Data Principal) and IndiMac Healthcare Pvt. Ltd.
The IndiMac name, brand, and trademarks remain those of IndiMac Healthcare Pvt. Ltd. No technology implementer holds any right, title, or interest in the IndiMac name, brand, or trademarks.
Navidad Infotech Private Limited (“Navidad”) is an independent third-party information-technology service provider. It is the developer and maintainer of the IndiMac-branded website, portal, digital platform, and mobile applications. The same are hosted on servers and information-technology infrastructure administered by Navidad. All information-technology services, products, resources, infrastructure, and personnel and human-resources functions relating exclusively to information technology in connection therewith are furnished and administered by Navidad.
IndiMac engages Navidad on an OEM, personalisation, and customisation basis: IndiMac specifies its functional and operational requirements; Navidad implements those requirements. That engagement does not vest in Navidad any trademark or brand right in IndiMac. Navidad is not involved in IndiMac’s finance, business, medical, clinical, operational, commercial, or communications affairs. Navidad does not supervise, direct, or control those affairs, and has no knowledge of, or responsibility for, how IndiMac uses personal data, technical services, or the IndiMac-branded digital interface in the course of those operations.
Navidad has not entered into any agreement with IndiMac for profit-sharing, loss-sharing, revenue-sharing, partnership, joint venture, or agency in respect of IndiMac’s line of business. Navidad has given no warranty, guarantee, indemnity-as-insurer, or insurance, and has issued no policy of insurance, in respect of IndiMac’s healthcare, commercial, financial, or operational outcomes. Navidad has not received from IndiMac fees commensurate with industry-standard charges for equivalent information-technology development, hosting, and infrastructure. The User has paid no consideration whatsoever to Navidad. Accordingly, there is no bargained-for assumption by any Protected Party of IndiMac’s operational, medical, consumer, personal-injury, regulatory, or other risk, and no Protected Party has been compensated to bear any loss, penalty, or liability arising from IndiMac’s line of business.
IndiMac Healthcare Pvt. Ltd. is granted, and holds, only a non-exclusive licence to use the information-technology services, resources, infrastructure, applications, and code made available by Navidad for the purpose of offering IndiMac’s healthcare and related services. Save as so licensed, IndiMac has no right of access to source code, technical documentation, or servers, and has no right to copy, modify, reverse-engineer, or take possession of the same. Nothing in any Director-issued policy shall be construed as conferring upon IndiMac any such right of access.
In these provisions, “Protected Parties” means Navidad Infotech Private Limited and each of its past, present, and future directors, officers, employees, contractors, agents, consultants, shareholders, affiliates, successors, and assigns, in each case whether acting in an individual, official, or any other capacity.
Navidad is an independent contractor to IndiMac. Nothing herein, and nothing in the User’s use of any IndiMac-branded digital interface, shall be construed as creating a partnership, joint venture, agency, employment, fiduciary, or joint-controller relationship between any Protected Party and IndiMac, or between any Protected Party and the User. No Protected Party is a party to any contract of healthcare or other service between the User and IndiMac. There is no privity of contract between the User and any Protected Party. No Protected Party owes the User, any Data Principal, patient, guardian, service provider, consumer, regulator, or third party any duty of care, duty to warn, or other duty, whether in contract, tort, or statute, arising out of IndiMac’s operations or the User’s use of IndiMac services. No director or employee of Navidad shall have any personal liability to any person in respect of IndiMac. The User covenants not to name, join, or proceed against any such individual, and not to seek to pierce the corporate veil of Navidad.
Any consideration paid by the User is paid solely to IndiMac, if at all. The User is a consumer, if at all, only of IndiMac’s healthcare and related services, and is not a “consumer” of any Protected Party within the meaning of the Consumer Protection Act, 2019 or any other consumer-protection enactment. No Protected Party is a “service provider”, “product manufacturer”, “product seller”, or “trader” vis-à-vis the User in respect of IndiMac’s line of business. Deficiency of service, unfair contract, unfair trade practice, product-liability, and like claims under the Consumer Protection Act, 2019, and complaints before any District, State, or National Consumer Disputes Redressal Commission, or any other consumer forum, shall lie, if at all, only against IndiMac Healthcare Pvt. Ltd. The User shall not invoke the Consumer Protection Act, 2019, or any analogous law, against any Protected Party.
No Protected Party is a hospital, clinical establishment, registered medical practitioner, nurse, or healthcare service provider. No Protected Party treats, diagnoses, attends, transports, or advises any patient. Claims for death, personal injury, medical negligence, deficiency of medical service, or any bodily or psychiatric harm, whether alleged to arise from care delivery, staffing, instructions, software, digital interfaces, outages, or otherwise, shall lie, if at all, only against IndiMac Healthcare Pvt. Ltd. The User, for the User and the User’s legal heirs, irrevocably waives every such claim against the Protected Parties.
Under the Digital Personal Data Protection Act, 2023, the Data Fiduciary remains responsible to the Data Principal for personal data processed for the Fiduciary’s purposes. Accordingly, IndiMac Healthcare Pvt. Ltd. is solely and exclusively responsible for all clarifications, notices, consents, instructions, filings, and outcomes concerning:
The Protected Parties have no responsibility or accountability whatsoever in respect of the foregoing, and no obligation to advise IndiMac or the User thereon.
IN EVERY CASE AND TO EVERY CAUSE OF ACTION, HOWSOEVER FRAMED, INCLUDING WITHOUT LIMITATION CLAIMS UNDER THE CONSUMER PROTECTION ACT, 2019, CLAIMS FOR DEATH OR PERSONAL INJURY, AND CLAIMS AGAINST DIRECTORS OR EMPLOYEES IN ANY CAPACITY, the Protected Parties shall have no duty, obligation, liability, or accountability whatsoever, whether in contract, tort (including without limitation negligence, gross negligence, negligent misrepresentation, and products liability), statute, equity, restitution, indemnity, contribution, subrogation, or otherwise, and whether arising before, on, or after the date of the User’s access, to any User, Data Principal, patient, guardian, service provider, consumer, regulator, or third party, for any loss, damage, cost, expense, penalty, fine, interest, claim, demand, action, proceeding, or liability of any kind or nature, including without limitation death, personal injury, property damage, economic loss, loss of profits, loss of data, loss of goodwill, business interruption, reputational harm, and exemplary or punitive damages, arising out of or in connection with, or alleged to arise out of or in connection with:
WITHOUT LIMITING THE FOREGOING, in no event shall the aggregate liability of all Protected Parties to any person, howsoever arising, exceed zero Indian Rupees (₹0). The User has paid no consideration to Navidad. IndiMac has not paid industry-standard fees for the information-technology services and infrastructure. No Protected Party has been compensated to assume IndiMac’s risk. The Protected Parties shall have no liability for indirect, incidental, special, consequential, exemplary, or punitive damages even if advised of the possibility of the same.
Nothing in these provisions shall be construed as an admission of any liability. The User agrees that the exclusions and the ₹0 cap shall be given effect in every case, and shall not contend that they are unconscionable, contrary to public policy, or unenforceable. If, notwithstanding the foregoing and without any admission, any court, tribunal, commission, or authority were to hold any Protected Party liable to any person, then: (a) such liability is not admitted; (b) it shall be limited to zero Indian Rupees (₹0); (c) the claimant’s sole and exclusive recourse shall nevertheless be against IndiMac Healthcare Pvt. Ltd. only; and (d) IndiMac shall, on a primary, irrevocable, unconditional, and non-contributory basis, indemnify, defend, and hold harmless the Protected Parties in full, including in respect of any amount awarded and all costs of defence. If any word of these provisions is held too broad, it shall be modified only to the minimum extent required for the remainder to stand, and every remaining exclusion, waiver, cap, indemnity, and exclusive-recourse provision shall continue in full force.
By accessing or using any IndiMac-branded digital interface, the User, for the User and the User’s heirs, successors, and assigns, irrevocably and unconditionally:
If, notwithstanding the foregoing, any proceeding is commenced against a Protected Party, the User shall promptly discontinue the same as against that Protected Party, shall look solely to IndiMac, and shall indemnify that Protected Party as provided below. These protections are an allocation of risk forming a material basis upon which Navidad makes information-technology facilities available to IndiMac without industry-standard fees and without assuming IndiMac’s line of business, and shall survive termination of any relationship between the User and IndiMac.
The User shall indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, costs, and expenses (including reasonable advocates’ fees and costs of investigation) arising out of or relating to: (a) the User’s access to or use of IndiMac services or any IndiMac-branded digital interface; (b) any allegation that a Protected Party is liable for any act or omission of IndiMac or of the User; (c) any proceeding in which a Protected Party is named by reason of the IndiMac name, brand, or digital interface; or (d) any breach by the User of these provisions. IndiMac Healthcare Pvt. Ltd., as the User’s sole counterparty, shall, on a primary, irrevocable, unconditional, and non-contributory basis, indemnify, defend, and hold harmless the Protected Parties in respect of any claim by the User or any third party arising out of IndiMac’s operations, finance, business, or the User’s use of IndiMac services, including consumer and personal-injury claims, and shall assume the defence of any Protected Party promptly upon notice. IndiMac waives any right of contribution, indemnity, or subrogation against the Protected Parties in respect of IndiMac’s line of business.
The Protected Parties are intended third-party beneficiaries of these provisions and of the corresponding provisions of the Website Terms and Conditions, and may enforce them directly in their own names without joinder of IndiMac. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force. A failure to enforce any provision shall not constitute a waiver. Headings are for convenience only.
No User shall have any claim against any Protected Party in respect of the foregoing. Any grievance, notice, or claim relating to personal data, healthcare services, communications, or payments shall be addressed exclusively to IndiMac Healthcare Pvt. Ltd. through the Data Protection Officer below.
Name: Ritesh Macwan
Email: privacy@indimac.in
Phone: +91 97 37 66 55 77
Address: MAC Circle, 3rd Floor, Krishna Yashvi Arcade, Nr. New Bus-Stand, Opp. P.M. Patel College, Anand - 388001, Gujarat, India.
For complex cases requiring investigation, we will inform you of the expected timeline and keep you updated.
You can submit a grievance through any of these channels:
Please include your user ID (if applicable), a description of the issue, and any supporting details.
To exercise these rights, use Consent Management, request account deletion, or contact the DPO. These rights are exercisable against IndiMac Healthcare Pvt. Ltd. as Data Fiduciary, and not against any Protected Party.
If a personal data breach is likely to cause harm, IndiMac Healthcare Pvt. Ltd., as Data Fiduciary, will notify the Data Protection Board of India and affected Data Principals as required under the DPDP Act. CERT-In directions for intermediaries and service providers include reporting certain incidents, typically within 72 hours of becoming aware. This operational notice is separate from the Director Privacy Policy. The Protected Parties have no independent notification duty to Users arising from IndiMac’s operations, and no liability to Users in respect of any personal-data incident.
IndiMac maintains an internal DPIA for high-risk processing of health and identity data. A summary may be shared with the DPO on request. The DPIA is an operational record of the Data Fiduciary, not a Director Terms clause, and is not an obligation of any Protected Party.
Minors: the Director Terms require eligibility of 18 years or older. IndiMac does not offer public signup for children.
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