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Terms & Conditions

Effective Date: November 2024 | Version: 1.1.0

1. Acceptance of Terms

By accessing and using the Vaidya247 platform operated by YESCA Technologies Pvt Ltd, you accept and agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our services. Your continued use constitutes acceptance of any future modifications.

2. Platform Description

2.1 Nature of Service

Vaidya247 is a technology marketplace platform that connects healthcare professionals (doctors) with healthcare facilities (hospitals/clinics) for temporary medical gig opportunities. We operate as an independent contractor platform, facilitating connections between parties.

2.2 Platform Role & Limitations

CRITICAL DISCLAIMER:

  • Vaidya247 is NOT an employer or staffing agency
  • We do NOT employ doctors or hospital staff
  • We do NOT provide medical services
  • We are NOT responsible for the quality of medical care
  • We act solely as a technology intermediary
  • All relationships formed through the Platform are independent contractor relationships

2.3 Terminology

Throughout this Platform, we use the term "gig" (not "job") to reinforce the independent contractor nature of opportunities. This is not employment.

3. Eligibility

To use the Platform, you must:

  • Be at least 18 years of age
  • Be a resident of India
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials

Additional Requirements for Healthcare Professionals:

  • Valid registration with the National Medical Commission (NMC) or state medical council
  • Active medical license in good standing
  • Professional indemnity insurance (recommended)
  • Completion of platform verification process

Additional Requirements for Healthcare Facilities:

  • Valid facility registration and operating license
  • Authorized representative to act on behalf of the facility
  • Completion of facility verification process
  • Compliance with all applicable healthcare regulations

3.3 Compliance Requirements for Government-Employed Doctors

Important Notice for Government Doctors:

Healthcare professionals employed by government organizations must ensure full compliance with applicable service rules before using the platform.

Doctors employed by government hospitals, medical colleges, or health departments acknowledge and agree that:

  • Official Working Hours Prohibition: You are strictly prohibited from accepting or performing duties through the platform during your official government working hours
  • Regulatory Compliance: You must comply with all applicable central and state government regulations regarding private practice, including "No Private Practice" rules where applicable
  • Service Rules: You must ensure that any gig or consultation accepted does not violate your organization's conduct rules, service regulations, or conditions of employment
  • Required Permissions: Where mandated by your employment terms, you must obtain necessary approvals or permissions from competent authorities before engaging in private practice
  • Sole Responsibility: You accept full responsibility for any disciplinary actions, penalties, or consequences arising from breach of government service regulations

Platform Disclaimer: YESCA Technologies Pvt Ltd and the Vaidya247 platform are NOT responsible for monitoring or enforcing government service rules. Users bear sole responsibility for compliance with their employment obligations.

3.4 Compliance Requirements for Private Hospital-Employed Doctors

Important Notice for Privately Employed Doctors:

Doctors employed by private hospitals, clinics, or healthcare organizations must verify contractual permissions before accepting external duties.

Healthcare professionals employed by private entities acknowledge and agree that:

  • Contract Review Obligation: You must thoroughly review your existing employment contract, service agreement, or offer letter before accepting any duty posted on the platform
  • Exclusivity Clauses: If your employment agreement contains exclusivity clauses, non-compete provisions, or restrictions on external practice, you must obtain explicit written permission from your employer before using the platform
  • Platform Assumption: By accepting gigs, you represent and warrant that you have full legal and contractual authority to engage in external duties without violating your primary employment terms
  • Multi-Hospital Practice: The platform assumes you are legally and contractually permitted to work with multiple healthcare facilities simultaneously
  • Employer Disputes: The platform is NOT liable for any disputes, claims, or legal actions arising between you and your primary employer regarding external duties accepted through Vaidya247

3.5 General Compliance and Verification

By registering on the platform and accepting any gig or duty, you explicitly confirm and warrant that:

  • You are legally eligible and contractually free to offer medical services through external platforms
  • You are not subject to any restriction, prohibition, or limitation on independent contractor engagements
  • You have obtained all necessary permissions, clearances, and approvals required under applicable law and contracts
  • You accept sole and absolute responsibility for any breach of employment agreements, service rules, or contractual obligations

Platform Rights: Vaidya247 reserves the right to suspend, restrict, or terminate access to any user account if a violation of employment rules, contractual obligations, or regulatory compliance is reported, alleged, or verified. The platform may conduct investigations and request supporting documentation at its discretion.

4. Account Registration and Verification

4.1 Account Creation

You must create an account to use our services. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4.2 Verification Process

All users must complete our verification process before accessing full platform features:

  • Doctors: NMC registration verification, credential validation, referral approval (if applicable), admin review
  • Hospitals: Facility license verification, authorized representative validation, admin review

We reserve the right to reject any application or suspend verification at our sole discretion. Verification does not constitute an endorsement or guarantee of quality.

4.3 Account Suspension and Termination

We may suspend or terminate your account if:

  • You violate these Terms or applicable laws
  • You provide false or misleading information
  • Your license or registration is revoked or suspended
  • We receive complaints about your conduct
  • You engage in fraudulent or abusive behavior
  • We are required to do so by law or court order

5. Platform Usage

5.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Impersonate any person or entity
  • Upload false, inaccurate, or misleading information
  • Transmit viruses, malware, or harmful code
  • Interfere with the Platform's operation or security
  • Scrape, data mine, or extract data without authorization
  • Use automated systems (bots, scrapers) to access the Platform
  • Circumvent any access or use restrictions
  • Engage in harassment, abuse, or discriminatory behavior
  • Solicit users to use competing services

5.2 Prohibited Activities (Healthcare Specific)

  • Practicing medicine without a valid license
  • Providing medical services beyond your scope of practice
  • Sharing patient medical records without consent
  • Engaging in medical malpractice or negligence
  • Operating a facility without proper licenses
  • Misrepresenting qualifications or credentials
  • Accepting gigs you are not qualified to perform

6. Gig Posting and Applications

6.1 Gig Posting (Hospitals)

When posting a gig, you agree to:

  • Provide accurate and complete gig details
  • Specify reasonable qualification requirements
  • Pay the applicable publishing fee before the gig goes live
  • Review applications promptly
  • Honor your commitments if you accept an applicant
  • Verify doctor arrival and completion
  • Make timely payments for completed gigs

6.2 Gig Applications (Doctors)

When applying for a gig, you agree to:

  • Only apply for gigs you are qualified and available for
  • Complete payment within the 10-minute hold window
  • Honor your commitment if accepted
  • Arrive on time and perform duties professionally
  • Follow facility protocols and instructions
  • Maintain patient confidentiality and medical ethics

6.3 Hold System

When you apply for a gig, it is placed on a 10-minute hold. You must complete payment within this window to secure the booking. If payment is not completed, the hold expires and the gig becomes available to others.

7. Fees and Payments

7.1 Platform Fees

The platform charges the following fees for service delivery:

  • Gig Publishing Fee: Paid by healthcare facilities when posting a gig opportunity
  • Application Fee: Paid by doctors when applying to a gig
  • Platform Commission: Deducted from doctor's payout after successful gig completion

Current fee amounts are displayed within the application at the time of transaction. Fees are subject to change as specified in Section 7.4.

7.2 Payment Processing

All payments are processed through our payment gateway partner (Cashfree). By using the Platform, you agree to Cashfree's terms of service.

  • All fees are in Indian Rupees (INR)
  • Payments are non-refundable except as specified in the Cancellation Policy
  • You are responsible for all payment method fees (bank charges, UPI fees, etc.)
  • Failed payments may result in application cancellation or gig de-listing

7.3 Payouts (Doctors)

After gig completion and facility verification:

  • Payout amount = Gig price minus applicable platform commission
  • Admin approval required before payout processing
  • Payouts processed within 1-3 business days after approval
  • Bank account details must be accurate (incorrect details may delay payout)
  • You are responsible for tax implications of income received

7.4 Fee Changes

We reserve the right to change fees with 30 days' notice. Continued use after fee changes indicates acceptance of new fees.

8. Cancellation Policy

IMPORTANT: Read Carefully

Cancellations after booking result in financial penalties. The cancelling party forfeits their payment.

8.1 Before Booking (No Applications Accepted)

Hospitals may cancel gigs freely before accepting any applications. Publishing fee is non-refundable.

8.2 After Booking (Application Accepted)

If Hospital Cancels:

  • Hospital LOSES publishing fee - No refund
  • Doctor receives FULL REFUND of application fee
  • Refund processed within 3-5 business days

If Doctor Cancels:

  • Doctor LOSES application fee - No refund
  • Hospital receives FULL REFUND of publishing fee
  • Refund processed within 3-5 business days

8.3 Cancellation After Gig Starts

Cancellations are NOT PERMITTED once the gig has started. Disputes must be resolved through our support team.

8.4 Cancellation Tracking

We track cancellation history. Excessive cancellations may result in:

  • Warning notifications
  • Reduced visibility in search results
  • Temporary suspension
  • Account termination

9. Independent Contractor Relationship

CRITICAL LEGAL TERMS:

This section defines the legal relationship between parties. Please read carefully.

9.1 No Employment Relationship

You acknowledge and agree that:

  • Vaidya247 is NOT your employer, agent, or partner
  • No employer-employee relationship exists between Vaidya247 and users
  • No employer-employee relationship exists between doctors and hospitals via the Platform
  • All relationships are independent contractor relationships
  • You are responsible for your own taxes, insurance, and compliance

9.2 No Employment Benefits

As an independent contractor, you are NOT entitled to:

  • Provident Fund (PF)
  • Employee State Insurance (ESI)
  • Gratuity
  • Paid leave or holidays
  • Health insurance or benefits
  • Retirement benefits
  • Minimum wage guarantees
  • Severance pay

9.3 Tax Obligations

You are solely responsible for:

  • Reporting all income to tax authorities
  • Paying applicable income tax, GST, and other taxes
  • Maintaining tax records and filing returns
  • Obtaining tax registrations if required

Vaidya247 does not withhold taxes from payouts. You will receive full payment (minus platform commission) and must handle tax obligations independently.

10. Liability and Disclaimers

10.1 Medical Malpractice Disclaimer

CRITICAL DISCLAIMER:

Vaidya247 is NOT LIABLE for any medical malpractice, negligence, or adverse outcomes arising from medical services provided through the Platform. Healthcare professionals are solely responsible for their medical decisions and care quality.

10.2 Platform "AS IS"

The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to:

  • Merchantability or fitness for a particular purpose
  • Accuracy or completeness of content
  • Uninterrupted or error-free operation
  • Security or freedom from viruses
  • Quality of services provided by users

10.3 Limitation of Liability

To the fullest extent permitted by law, Vaidya247 shall NOT be liable for:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Medical errors, malpractice, or patient harm
  • Employment disputes or labor law violations
  • User conduct, negligence, or breach of contract
  • Third-party actions or content
  • Force majeure events (natural disasters, pandemics, etc.)

Our maximum liability to you for any claims arising from Platform use shall not exceed the fees you paid to us in the 12 months preceding the claim, or ₹10,000, whichever is lower.

10.4 User Responsibility

You agree to:

  • Maintain adequate professional indemnity insurance
  • Comply with all applicable laws and regulations
  • Resolve disputes directly with other users
  • Hold Vaidya247 harmless for your actions

11. Indemnification

You agree to indemnify, defend, and hold harmless Vaidya247, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Medical malpractice or professional negligence
  • Employment disputes or labor law claims
  • Content or information you submit
  • Your interactions with other users

12. Intellectual Property

12.1 Platform Ownership

All content, features, and functionality of the Platform (including but not limited to software, text, graphics, logos, icons, images, audio, video, and design) are owned by Vaidya247 and protected by Indian and international intellectual property laws.

12.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. You may not:

  • Copy, modify, or create derivative works
  • Reverse engineer or decompile the software
  • Remove or alter any proprietary notices
  • Use the Platform for commercial purposes outside the intended use
  • Frame or mirror any content

12.3 User Content

By submitting content to the Platform (profiles, reviews, messages), you grant Vaidya247 a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and display such content for Platform operation and marketing purposes.

You retain ownership of your content and are responsible for ensuring you have the rights to submit it.

13. Dispute Resolution

13.1 Inter-User Disputes

Disputes between users (doctors and hospitals) should be resolved directly. We may provide support and mediation but are not obligated to do so.

13.2 Disputes with Vaidya247

For disputes with Vaidya247:

  • Step 1: Contact support at support@vaidya247.com
  • Step 2: If unresolved, submit a formal grievance
  • Step 3: We will respond within 30 days
  • Step 4: If still unresolved, proceed to arbitration or court

13.3 Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.

13.4 Arbitration (Optional)

By mutual agreement, parties may resolve disputes through arbitration under the Arbitration and Conciliation Act, 1996. Arbitration shall be conducted in English in Hyderabad, Telangana, India.

14. Communications

By using the Platform, you consent to receive:

  • Transactional messages (booking confirmations, payment receipts, security alerts)
  • Push notifications about gig opportunities and updates
  • SMS and WhatsApp messages for verification and notifications
  • Email communications about your account and Platform updates

You may opt out of marketing communications but cannot opt out of transactional messages essential to the service.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

  • Email notification
  • In-app notification
  • Platform banner

Your continued use of the Platform after changes indicates acceptance. If you disagree with changes, you must stop using the Platform.

16. Termination

16.1 By You

You may terminate your account at any time through account settings or by contacting support. You remain liable for all outstanding obligations.

16.2 By Us

We may suspend or terminate your account immediately without notice if:

  • You violate these Terms
  • We are required to do so by law
  • We discontinue the Platform
  • Your conduct poses risk to us or other users

16.3 Effect of Termination

Upon termination:

  • Your access to the Platform ceases immediately
  • Outstanding payments must be settled
  • Ongoing gigs must be completed or cancelled per policy
  • We may retain your data as required by law or these Terms

17. Miscellaneous

17.1 Entire Agreement

These Terms, along with our Privacy Policy and any role-specific agreements (Doctor Agreement, Hospital Agreement), constitute the entire agreement between you and Vaidya247.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or acquiring entity.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (pandemics, natural disasters, acts of government, etc.).

18. Contact Information

For questions about these Terms, please contact us:

YESCA Technologies Pvt Ltd

(Operating as Vaidya247)

Email: support@yesca.in

Phone: +91 79953 47299

Support Hours: Monday - Saturday, 9:00 AM - 6:00 PM IST

Registered Address:

SURVEY NO 40 & 41 KAVURI HILLS, MADHAPUR

HYDERABAD, Telangana 500033

India

Acknowledgment and Acceptance

BY ACCESSING OR USING THE VAIDYA247 PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

If you do not agree to these Terms, you must not access or use the Platform.