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TERMS AND CONDITIONS OF USE

These Terms and Conditions (“Terms”) govern access to and use of the mobile application, website and digital platform branded as NSD – Nursing Services at Doorstep (collectively, the “Platform”), owned and operated by Trisha Helping Hands LLP, a limited liability partnership incorporated under the laws of India, having its registered office at 93 Shiv Shakti Nagar, Behind Anup Cinema, CGO Complex, MIG Thana, Indore – 452001, Madhya Pradesh, India (“NSD”, “we”, “us” or “our”).

These Terms, together with the Privacy Policy, constitute a legally binding agreement between NSD and:

  • Users / End-Users – patients, family members, guardians or authorised representatives booking nursing or caregiving services;
  • Service Providers – nurses, caregivers, attendants and allied healthcare professionals registered or empanelled on the Platform; and
  • Any other person accessing or using the Platform.

By accessing, browsing, registering on, or using the Platform or any services offered through it (“Services”), you agree to be bound by these Terms and the Privacy Policy. If you do not agree, you must not access or use the Platform.

1. NATURE AND APPLICABILITY OF TERMS

1.1 Binding Legal Agreement

These Terms and Conditions (“Terms”), together with the Privacy Policy and any other policies or guidelines published on the Platform from time to time, constitute a legally binding and enforceable agreement between you and NSD – Nursing Services at Doorstep, operated by Trisha Helping Hands LLP (“NSD”, “we”, “us” or “our”), under the provisions of the Indian Contract Act, 1872, the Information Technology Act, 2000, and other applicable laws of India.

By accessing, browsing, registering on, or using the Platform or availing any services through the Platform, you irrevocably accept and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue access to and use of the Platform.

1.2 Applicability to Categories of Users

These Terms apply to all persons who access or use the Platform, including but not limited to:

  • (a) Users / End-Users – patients, family members, legal guardians, caregivers or authorised representatives who access the Platform to search for, book or manage nursing, caregiving or attendant services;
  • (b) Service Providers – nurses, caregivers, attendants and allied healthcare professionals who are empanelled, registered or otherwise engaged through the Platform to provide services to Users; and
  • (c) Visitors – any individual who merely browses or accesses the Platform without registering or availing services.

For the purposes of these Terms, all such persons shall collectively be referred to as “Users”, unless the context requires otherwise.

1.3 Nature of NSD’s Platform and Role

NSD operates solely as a technology-enabled facilitation and marketplace platform, which enables Users to discover, connect with and engage independent Service Providers for the provision of nursing, caregiving and allied healthcare services at the User’s chosen location.

The Platform provides digital tools for, inter alia:

  • listing and discovery of Service Providers;
  • submission and management of service requests;
  • scheduling and coordination of services;
  • facilitation of payments and invoicing; and
  • communication and support relating to bookings.

NSD’s role is strictly limited to providing access to the Platform and facilitating interactions between Users and Service Providers.

1.4 No Provision of Healthcare Services by NSD

It is expressly clarified that:

  • NSD does not itself provide medical, nursing, caregiving or clinical services of any nature;
  • NSD does not practise medicine, nursing or healthcare under any law;
  • NSD does not diagnose, treat, prescribe, supervise or control any clinical or nursing activity.

All nursing, caregiving and healthcare services are provided solely by independent Service Providers, who exercise their own professional judgment, qualifications and discretion in accordance with applicable laws and standards of care.

For the avoidance of doubt, NSD’s role in relation to healthcare data, medical records and health-related information is strictly limited to facilitation and coordination in accordance with its Privacy Policy. NSD does not analyse, interpret or make clinical determinations based on such data.

1.5 No Employment or Agency Relationship

Nothing contained in these Terms shall be construed as creating:

  • an employer–employee relationship,
  • a principal–agent relationship,
  • a partnership or joint venture, or
  • any other fiduciary or representative relationship

between NSD and any Service Provider, or between NSD and any User.

Service Providers are independent professionals and are not employees, agents or representatives of NSD.

1.6 Modification of Terms

NSD reserves the right, at its sole discretion, to modify, amend, suspend or replace any part of these Terms at any time. Any such modifications shall be effective upon being published on the Platform.

Your continued access to or use of the Platform after such modification constitutes your acceptance of the revised Terms. Users are advised to review these Terms periodically.

1.7 Supremacy and Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NSD in relation to your use of the Platform and supersede all prior oral or written communications, understandings or arrangements.

2. REGULATORY AND LEGAL COMPLIANCE

2.1 Statutory Framework and Publication

These Terms are published and shall be governed in accordance with the applicable laws of India, including but not limited to:

  • the Indian Contract Act, 1872;
  • the Information Technology Act, 2000;
  • the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
  • the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
  • the Digital Personal Data Protection Act, 2023;
  • the Consumer Protection Act, 2019; and
  • all applicable healthcare, nursing, caregiving and allied health regulations, rules, guidelines, notifications and standards in force in India, as amended from time to time.

These Terms are intended to comply with and be interpreted in a manner consistent with the above legal framework.

2.2 Intermediary Status of NSD

NSD operates the Platform as a technology-enabled intermediary and facilitation marketplace, within the meaning of applicable information technology and intermediary laws.

NSD’s role is strictly limited to providing digital infrastructure and facilitation services that enable Users to connect with independent Service Providers. NSD does not:

  • render nursing, caregiving, medical or clinical services;
  • practise medicine, nursing or healthcare;
  • exercise control over the professional judgment, methods or manner of service delivery by Service Providers.

NSD claims protection under Section 79 of the Information Technology Act, 2000, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, subject to compliance with applicable due diligence requirements.

2.3 No Clinical Responsibility or Medical Advice

NSD does not provide any form of medical, nursing or clinical advice, diagnosis, prescription, treatment or care. Any information made available on or through the Platform, including service descriptions, profiles, communications or support interactions, is provided solely for facilitation and informational purposes and shall not be construed as healthcare advice.

All healthcare-related services are provided independently by Service Providers, who alone are responsible for compliance with applicable professional, ethical and regulatory requirements.

2.4 Compliance Obligations of Users and Service Providers

Users and Service Providers acknowledge and agree that they are individually responsible for complying with all applicable laws, rules and regulations governing their conduct, including but not limited to healthcare, nursing, labour, tax, consumer protection and data protection laws, as applicable to them. NSD shall not be liable for any non-compliance, violation or breach of law by any User or Service Provider.

2.5 Consumer Protection and Non-Excludable Rights

Nothing contained in these Terms shall be construed to exclude or limit any rights or remedies available to Users under applicable consumer protection or other mandatory laws, to the extent such exclusion or limitation is prohibited by law.

2.6 Platform Governance and Due Diligence

NSD undertakes reasonable due diligence measures as required under applicable intermediary and information technology laws, including mechanisms for grievance redressal, content moderation and lawful takedown, in accordance with statutory requirements. However, NSD does not independently verify or guarantee the accuracy, completeness or legality of information provided by Users or Service Providers, except to the extent required by law.

2.7 Severability and Interpretation

If any provision of this Clause or these Terms is held to be invalid or unenforceable under applicable law, such provision shall be severed and the remaining provisions shall continue to remain valid and enforceable to the fullest extent permitted by law.

3. ELIGIBILITY AND USER REPRESENTATIONS

3.1 Age and Legal Capacity

Access to and use of the Platform and Services is permitted only to individuals who are eighteen (18) years of age or older and who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. By accessing, registering on, or using the Platform, you represent and warrant that you meet the above eligibility criteria and that you have the legal capacity and authority to agree to and be bound by these Terms.

3.2 Use on Behalf of Minors, Elderly or Dependents

Services in respect of minors, elderly persons, incapacitated individuals or other dependents may be booked only by their parent, legal guardian, authorised representative or caregiver, who is legally competent and duly authorised to act on their behalf.

By booking services for another individual, you represent and warrant that:

  • you have obtained all necessary consents and authorisations required under applicable law;
  • you are legally entitled to share the personal and health-related information of such individual with NSD and the Service Provider; and
  • you accept responsibility for compliance with these Terms on behalf of such individual.

NSD shall not be responsible or liable for any claim arising out of lack of valid authorisation or consent, and you agree to indemnify NSD against any such claims.

In respect of personal data of children, NSD shall process such data only upon verifiable consent of the parent or lawful guardian, in accordance with the Digital Personal Data Protection Act, 2023 and applicable rules.

3.3 Accuracy and Completeness of Information

You represent and warrant that all information, data and documents provided by you on or through the Platform, whether at the time of registration, booking, communication or during the course of service delivery, are true, accurate, current and complete in all respects.

NSD does not independently verify the authenticity or accuracy of information provided by Users and shall not be responsible for any consequences arising from inaccurate, incomplete or misleading information supplied by you.

3.4 Duty to Update Information

You agree to promptly update any information provided to NSD if there is any change or if such information becomes inaccurate, outdated or incomplete. Failure to update such information may adversely affect service delivery, for which NSD shall not be responsible.

3.5 Right to Suspend or Terminate Access

NSD reserves the right, at its sole discretion and without prejudice to any other rights or remedies, to suspend, restrict or terminate your access to the Platform or Services, with or without notice, if:

  • any information provided by you is found to be false, misleading, inaccurate or incomplete;
  • NSD has reasonable grounds to believe that you have violated these Terms or applicable law; or
  • such action is required to protect the interests of NSD, other Users, Service Providers or to comply with legal or regulatory obligations.

3.6 Effect of Termination

Suspension or termination of access shall not affect any rights or obligations that have accrued prior to such suspension or termination, including payment obligations or liabilities arising from prior use of the Platform.

4. SCOPE OF SERVICES

4.1 Platform Facilitation Services

NSD provides a technology-enabled facilitation platform that enables Users to access, discover and connect with independent nurses, caregivers, attendants and allied healthcare professionals (“Service Providers”) for the provision of nursing, caregiving and attendant services at the User’s chosen location.

Through the Platform, NSD facilitates, inter alia:

  • (a) discovery, listing and display of Service Provider profiles, qualifications, experience and availability;
  • (b) submission, acceptance and management of service requests and bookings;
  • (c) scheduling, coordination and tracking of service appointments;
  • (d) facilitation of digital payments, invoicing and refunds, where applicable; and
  • (e) customer support, grievance handling and operational assistance in relation to Platform usage.

4.2 Limited Role of NSD

The Services provided by NSD are limited strictly to platform facilitation and operational support. NSD does not:

  • provide medical, nursing, caregiving or clinical services of any nature;
  • offer medical diagnosis, treatment, prescription or clinical advice;
  • supervise, direct, control or influence the professional or clinical decision-making of Service Providers; or
  • guarantee the quality, safety, suitability or outcome of any services rendered by Service Providers.

All professional services are rendered independently by Service Providers, who exercise their own judgment and expertise.

4.3 No Endorsement or Assurance

The display of Service Providers on the Platform, including their profiles, qualifications, experience, ratings or feedback, does not constitute an endorsement, recommendation or certification by NSD of any Service Provider or of the services offered by them.

Users acknowledge that selection and engagement of a Service Provider is undertaken at their own discretion and risk, subject to applicable law.

4.4 Payments and Financial Facilitation

NSD facilitates collection of service fees from Users through authorised payment gateways and digital payment mechanisms and remits the applicable amounts to Service Providers after deduction of platform facilitation charges, as disclosed at the time of booking.

All charges, commissions, taxes and statutory levies applicable to a booking shall be transparently disclosed to Users prior to confirmation of the booking, in compliance with the Consumer Protection Act, 2019. NSD acts solely as a payment facilitator and does not assume responsibility for the underlying service performance.

4.5 Customer Support and Grievance Handling

NSD provides customer support and grievance redressal mechanisms to assist Users and Service Providers with respect to Platform-related issues, bookings, payments or operational concerns. Such support is provided without prejudice to the independent nature of the services rendered by Service Providers and shall not be construed as supervision or control of service delivery.

4.6 Service Availability and Modifications

NSD reserves the right to add, modify, suspend or discontinue any aspect of the Platform or Services, temporarily or permanently, at its sole discretion, with or without notice, subject to applicable law.

5. ROLE OF SERVICE PROVIDERS

5.1 Independent Professional Status

All nurses, caregivers, attendants and allied healthcare professionals engaged or empanelled on the Platform (“Service Providers”) act solely as independent professionals. Nothing contained in these Terms, the Privacy Policy or any communication by NSD shall be construed as creating an employer–employee relationship, agency, partnership, joint venture or any other fiduciary relationship between NSD and any Service Provider.

Service Providers are not employees, agents or representatives of NSD, and are not authorised to bind NSD in any manner whatsoever.

5.2 Professional Judgment and Decision-Making

All clinical, nursing, caregiving and healthcare-related decisions, including but not limited to assessment, care planning, execution of services, medication administration, monitoring of patient condition and escalation of care, are taken solely and independently by the Service Provider based on their professional judgment, qualifications, experience and applicable standards of care. NSD does not participate in, influence, supervise, direct or control the manner or method in which Service Providers render services.

5.3 Credential Verification and Onboarding

As part of the onboarding and empanelment process, NSD may collect and review certain documentation from Service Providers, including identity proofs, professional qualifications, registrations, licences, certifications and experience details, for the limited purpose of basic verification and platform eligibility.

Users expressly acknowledge and agree that:

  • such verification is document-based and administrative in nature;
  • NSD does not independently certify, guarantee or warrant the clinical competence, skill, performance or suitability of any Service Provider; and
  • responsibility for professional competence, lawful practice and compliance with applicable healthcare and nursing regulations rests solely with the Service Provider.

Any verification undertaken by NSD is limited to document review and does not amount to professional certification, endorsement or guarantee of competence, skill or suitability.

5.4 Compliance Obligations of Service Providers

Service Providers are solely responsible for ensuring compliance with all applicable laws, rules, regulations, professional standards and ethical obligations governing the provision of nursing, caregiving and allied healthcare services, including but not limited to registration, licensing, scope of practice, patient safety and record-keeping requirements. NSD shall not be liable for any act, omission, negligence or breach of law by any Service Provider.

5.5 Limitation of NSD’s Responsibility

NSD shall not be responsible or liable for:

  • the quality, safety or outcome of services rendered by Service Providers;
  • any injury, harm, deterioration of health or adverse event suffered by a User;
  • any misconduct, negligence or professional lapse on the part of a Service Provider.

Engagement of Service Providers through the Platform is undertaken by Users at their own discretion and risk, subject to applicable law.

6. NO NURSE–PATIENT RELATIONSHIP WITH NSD

6.1 No Professional Relationship with NSD

Use of the Platform, including access to information, profiles, communications, support services or any interaction facilitated through the Platform, does not create any nurse–patient, caregiver–patient, healthcare professional–patient or other medical or fiduciary relationship between NSD and any User. NSD does not act as a healthcare provider, medical institution or clinical service entity in any manner whatsoever.

6.2 Independent Relationship Between User and Service Provider

Any nurse–patient, caregiver–patient or healthcare professional–patient relationship, if established, arises solely and exclusively between the User and the Service Provider engaged through the Platform. Such relationship is independent of NSD and governed by applicable healthcare laws, professional standards and the mutual understanding between the User and the Service Provider.

6.3 No Medical Advice or Clinical Obligation by NSD

NSD does not provide medical, nursing or clinical advice, diagnosis, treatment or care. Any information exchanged through the Platform, including messages, service descriptions, profiles or support communications, is provided solely for facilitation and informational purposes and shall not be construed as professional healthcare advice.

6.4 Limitation of Responsibility

NSD shall not be responsible or liable for:

  • the existence, nature or quality of any nurse–patient or caregiver–patient relationship;
  • any act, omission, negligence or misconduct of Service Providers; or
  • any outcome, injury, harm or adverse event arising from services provided by Service Providers.

Users acknowledge and agree that engagement of Service Providers through the Platform is undertaken at their own discretion and risk, subject to applicable law.

7. BOOKINGS, PAYMENTS & COMMISSION MODEL

7.1 Booking of Services

Users may book nursing, caregiving or attendant services through the Platform by selecting a Service Provider, service category, duration and schedule, in accordance with the options made available on the Platform from time to time. Submission of a booking request through the Platform constitutes an offer by the User to avail services from the selected Service Provider. A booking shall be deemed confirmed only upon acceptance through the Platform and receipt of payment, as applicable.

7.2 Collection of Service Fees

Users agree to pay all applicable service fees, charges and taxes for the services booked through the Platform. Payments shall be made exclusively through the digital payment mechanisms and authorised payment gateways integrated with the Platform. NSD facilitates the collection of service fees on behalf of Service Providers and acts solely as a payment collection and facilitation intermediary.

7.3 Platform Facilitation Commission

In consideration of providing access to the Platform, digital infrastructure and facilitation services, NSD shall be entitled to deduct a platform facilitation commission from the total service fee collected from the User, at such rates as may be disclosed on the Platform at the time of booking. The balance amount, after deduction of the applicable commission, taxes and statutory levies, shall be remitted to the concerned Service Provider in accordance with NSD’s settlement cycle.

7.4 Taxation and Invoicing

NSD shall issue a tax invoice in respect of the platform facilitation commission charged by it, in accordance with applicable provisions of the Central Goods and Services Tax Act, 2017 and related rules. Service Providers shall be solely responsible for compliance with their respective tax obligations, including issuance of invoices (where applicable), payment of taxes, filing of returns and statutory reporting in respect of the services rendered by them. NSD shall not be responsible for any tax liability, default or non-compliance on the part of any Service Provider.

7.5 Payment Processing and Gateway Services

Payments made through the Platform are processed by authorised third-party payment gateway service providers. NSD does not store users’ complete card, banking or payment instrument details. NSD shall not be liable for any delay, failure or error in payment processing attributable to payment gateways, banks or financial institutions.

7.6 Refunds, Chargebacks and Reversals

Refunds, chargebacks or payment reversals, if any, shall be governed by the applicable cancellation and refund policy displayed on the Platform and subject to the rules and timelines of the respective payment gateway or banking institution.

8. CANCELLATION, REFUNDS & NO-SHOW POLICY

8.1 Cancellation by Users

Users may cancel a confirmed booking through the Platform in accordance with the cancellation timelines and conditions displayed at the time of booking. Cancellation requests shall be effective only upon successful confirmation through the Platform. Any cancellation made outside the prescribed timelines may attract cancellation charges, as disclosed at the time of booking.

8.2 Cancellation by Service Providers

In the event a Service Provider is unable to render the booked service due to unavailability, emergency or other valid reasons, the Service Provider shall endeavour to inform the User through the Platform as soon as reasonably practicable. Where a service is cancelled by a Service Provider prior to commencement, NSD shall facilitate a refund of the applicable service fee to the User, subject to the Platform’s refund policy.

8.3 No-Show by Users

A “No-Show” shall mean a situation where a User, having confirmed a booking, is unavailable, unresponsive or fails to permit commencement of the service at the scheduled time and location, without cancelling the booking in advance.

In case of a No-Show by the User:

  • the User may not be entitled to a refund, in full or in part;
  • the Service Provider may be compensated for time and availability blocked; and
  • NSD reserves the right to impose reasonable restrictions on repeated misuse of the Platform, including temporary suspension of booking privileges.

8.4 Refund Processing

Refunds, where applicable, shall be processed through the original mode of payment used by the User at the time of booking and shall be subject to the timelines prescribed by the applicable payment gateway or banking institution. NSD shall not be responsible for delays caused by banks, payment gateways or third-party financial service providers.

8.5 Non-Refundable Charges

Platform facilitation fees, payment gateway charges, taxes or other statutory levies may be non-refundable, unless otherwise required under applicable law.

8.6 Disputes Relating to Cancellations and Refunds

Any dispute relating to cancellation or refund shall be raised through NSD’s customer support or grievance redressal mechanism within a reasonable time from the occurrence of the event. NSD’s role in such disputes shall be limited to facilitation and coordination and shall not extend to adjudication of clinical or professional issues between Users and Service Providers.

8.7 Limitation of Liability

To the maximum extent permitted under applicable law, NSD’s total liability in relation to any cancellation, refund or No-Show dispute shall be limited to the platform facilitation fee actually collected by NSD for the concerned booking. Nothing in this Clause shall prejudice the rights of Users under applicable consumer protection laws where refund obligations are mandatory.

9. USER OBLIGATIONS & PROHIBITED CONDUCT

9.1 General User Obligations

Users agree to access and use the Platform lawfully, responsibly and in good faith, and solely for the purposes permitted under these Terms. Users shall ensure that their use of the Platform does not violate any applicable law, regulation, guideline or third-party right, including but not limited to healthcare, data protection, consumer protection and information technology laws.

9.2 Accuracy of Information and Cooperation

Users shall provide accurate, complete and up-to-date information while using the Platform and shall cooperate reasonably with NSD and Service Providers to enable effective service delivery, including providing timely access to the service location and relevant information. NSD shall not be responsible for any service failure arising due to incorrect, incomplete or misleading information provided by Users.

9.3 Prohibited Conduct

Users agree not to engage in any conduct that:

  • (a) is unlawful, fraudulent, misleading or deceptive;
  • (b) infringes the rights of NSD, Service Providers or any third party;
  • (c) involves abuse, harassment, intimidation, discrimination or inappropriate behaviour towards Service Providers or NSD personnel;
  • (d) involves misuse of the Platform, including repeated cancellations, No-Shows or attempts to circumvent Platform processes;
  • (e) involves posting, transmitting or sharing content that is defamatory, obscene, offensive, harmful, hateful or otherwise unlawful;
  • (f) attempts to access, interfere with or disrupt the Platform, servers, networks or security mechanisms; or
  • (g) seeks to obtain services outside the Platform with the intent to avoid payment of Platform fees or commissions.

9.4 Prohibition on Emergency Use

The Platform is not intended for emergency medical situations. Users shall not use the Platform to seek urgent or emergency healthcare services. In case of a medical emergency, Users must contact local emergency services or visit the nearest hospital immediately. NSD does not provide emergency medical services and shall not be used as a substitute for emergency medical care.

9.5 Reviews, Feedback and Communications

Users may provide feedback or reviews regarding Service Providers or Platform experience, provided such feedback is truthful, fair, lawful and non-defamatory. NSD reserves the right to remove or moderate any feedback or content that violates these Terms or applicable law, without notice.

9.6 Suspension and Restriction of Access

NSD reserves the right, at its sole discretion, to suspend, restrict or terminate User access to the Platform, with or without notice, in case of breach of these Terms; misuse or abuse of the Platform; unlawful or prohibited conduct; or requirement under applicable law or regulatory direction.

9.7 Consequences of Breach

Users shall be solely responsible for any loss, damage, liability or expense arising from their breach of these Terms or misuse of the Platform and agree to indemnify NSD against any claims arising therefrom.

10. PLATFORM DISCLAIMER & LIMITATION OF LIABILITY

10.1 Platform Provided on “As Is” Basis

The Platform and all services, content, information and features made available through it are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, except to the extent required under applicable law. NSD does not warrant that the Platform will be uninterrupted, error-free, secure or free from defects, or that any information provided through the Platform will be accurate, complete or reliable.

10.2 Disclaimer of Warranties

To the maximum extent permitted under applicable law, NSD expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement or availability. NSD does not guarantee the availability, quality, safety, legality or suitability of any Service Provider or the services rendered by them.

10.3 Limitation of Liability

To the fullest extent permitted under applicable law, NSD shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, personal injury or adverse health outcomes, arising out of or in connection with:

  • use of or inability to use the Platform;
  • services provided by Service Providers;
  • reliance on any information made available through the Platform; or
  • any act, omission, negligence or misconduct of Service Providers or third parties.

10.4 Cap on Liability

Without prejudice to the foregoing, and to the extent permitted under applicable law, NSD’s aggregate liability for any claim arising out of or relating to the Platform or these Terms shall be limited to the platform facilitation fee actually collected by NSD in respect of the relevant transaction.

10.5 Third-Party Services and Content

The Platform may contain links to or integrations with third-party websites, services or payment gateways. NSD does not control and shall not be responsible or liable for the content, policies or practices of such third parties. Users access such third-party services at their own risk and subject to the respective third party’s terms.

10.6 No Waiver of Statutory Rights

Nothing in these Terms shall exclude or limit NSD’s liability to the extent such exclusion or limitation is prohibited under applicable law, including rights available to consumers under the Consumer Protection Act, 2019.

10.7 Indemnity

Users agree to indemnify, defend and hold harmless NSD, its partners, affiliates, officers and employees from and against any claims, damages, losses, liabilities and expenses arising out of breach of these Terms; misuse of the Platform; or violation of applicable law or third-party rights.

11. DATA PROTECTION & PRIVACY

11.1 Governing Privacy Policy

NSD is committed to protecting the privacy and personal data of Users and Service Providers. All collection, use, processing, storage, disclosure and protection of personal data, sensitive personal data and health-related information shall be governed by NSD’s Privacy Policy, which forms an integral part of these Terms. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to the Privacy Policy and consent to the processing of your data in accordance with its terms and applicable law.

11.2 Compliance with Data Protection Laws

NSD processes personal data in accordance with applicable Indian data protection and information technology laws, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and rules made thereunder. NSD acts as the Data Fiduciary / Platform Operator, as applicable, in respect of personal data processed through the Platform. Users, as Data Principals, shall have the rights of access, correction, erasure, consent withdrawal, grievance redressal and nomination as detailed in the Privacy Policy and under the Digital Personal Data Protection Act, 2023.

11.3 Healthcare and Sensitive Personal Data

Users acknowledge that certain information shared through the Platform, including medical records, health conditions and care requirements, may constitute Sensitive Personal Data or Information. Such data is collected and processed solely for lawful purposes connected with facilitation of services, platform operations, legal compliance and protection of legitimate interests, in accordance with the Privacy Policy.

11.4 Data Sharing with Service Providers

To enable service delivery, NSD may share relevant personal and health-related information of Users with the concerned Service Provider on a need-to-know basis. Service Providers are obligated to maintain confidentiality and use such information solely for the purpose of rendering services and complying with applicable law. NSD shall not be responsible for any misuse of data by Service Providers beyond the scope of authorised use.

11.5 User Responsibilities

Users are responsible for ensuring that they have the necessary authority and consent to share personal data, including data relating to minors, elderly persons or dependents, through the Platform. Users agree to indemnify NSD against any claims arising from unauthorised sharing of personal data or violation of privacy rights.

11.6 Data Security and Breach Response

NSD implements reasonable security practices and procedures, in accordance with applicable law, to protect personal data processed through the Platform. In the event of a personal data breach, NSD shall take such steps as may be required under applicable law, including notification to affected users and authorities where mandated.

11.7 Conflict

In the event of any inconsistency between these Terms and the Privacy Policy with respect to data protection or privacy matters, the Privacy Policy shall prevail.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Ownership of Platform Intellectual Property

All intellectual property rights in and to the Platform, including but not limited to its design, layout, software, source code, databases, text, graphics, logos, trademarks, service marks, brand names, user interfaces and content (collectively, “NSD Content”), are owned by or licensed to NSD and are protected under applicable intellectual property laws of India. Nothing contained in these Terms shall be construed as granting any right, title or interest in the NSD Content to any User or Service Provider, except as expressly permitted under these Terms.

12.2 Limited Licence to Users

Subject to compliance with these Terms, NSD grants Users a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform and NSD Content solely for personal, non-commercial use in connection with booking or providing services through the Platform. Users shall not copy, modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or otherwise exploit any part of the Platform or NSD Content without prior written consent of NSD.

12.3 User-Generated Content

Any content, feedback, reviews, ratings, comments or communications submitted by Users through the Platform (“User Content”) shall remain the property of the User; however, by submitting such User Content, the User grants NSD a royalty-free, worldwide, perpetual and irrevocable licence to use, reproduce, modify, display, distribute and publish such User Content for platform operations, service improvement, dispute resolution and compliance purposes. Users represent and warrant that they have all necessary rights to submit such User Content and that such content does not infringe any third-party rights or applicable law.

12.4 Service Provider Content

Service Providers grant NSD a limited licence to display their profiles, qualifications, experience details, photographs and related information on the Platform solely for the purpose of facilitating service discovery and bookings. Service Providers shall ensure that all content provided by them is accurate, lawful and non-infringing.

12.5 Prohibited Use

Users and Service Providers shall not:

  • use any trademark, logo or brand name of NSD without prior written permission;
  • remove or alter any copyright, trademark or proprietary notices on the Platform;
  • use the Platform or NSD Content for competitive, commercial or benchmarking purposes without authorisation.

12.6 Infringement and Takedown

NSD reserves the right to remove or disable access to any content that it believes, in good faith, infringes intellectual property rights or violates applicable law, without prior notice.

13. TERMINATION & SUSPENSION

13.1 Term

These Terms shall remain in effect for as long as you access or use the Platform or avail any services through it, unless terminated in accordance with this Clause.

13.2 Termination by Users

Users may discontinue access to or use of the Platform at any time. Such discontinuation shall not affect any rights, obligations or liabilities accrued prior to termination, including payment obligations or dispute resolution.

13.3 Suspension or Termination by NSD

NSD reserves the right, at its sole discretion and without prejudice to any other rights or remedies, to suspend, restrict or terminate access to the Platform, with or without notice, in the event that:

  • (a) a User or Service Provider breaches these Terms, the Privacy Policy or applicable law;
  • (b) information provided is found to be false, misleading or incomplete;
  • (c) the Platform is misused, abused or accessed for unlawful purposes;
  • (d) such action is required to comply with legal or regulatory obligations; or
  • (e) continuation of access poses a risk to NSD, other Users, Service Providers or the public.

13.4 Effect of Suspension or Termination

Upon suspension or termination:

  • access to the Platform or Services may be restricted or disabled;
  • pending or future bookings may be cancelled, subject to applicable refund or settlement policies; and
  • NSD shall not be liable for any loss or inconvenience arising from such suspension or termination, except as required under applicable law.

Termination shall not affect provisions which by their nature are intended to survive, including limitation of liability, indemnity, governing law and dispute resolution.

13.5 Regulatory and Legal Compliance

NSD may suspend or terminate access to the Platform without notice where required by law, court order or directive of a competent authority.

14. FORCE MAJEURE

14.1 Force Majeure Events

NSD shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events or circumstances beyond its reasonable control (“Force Majeure Event”). Force Majeure Events shall include, without limitation:

  • acts of God, natural disasters, floods, earthquakes, storms, fires or other natural calamities;
  • epidemics, pandemics, public health emergencies or government-mandated health restrictions;
  • acts of government, orders, regulations, directions or restrictions imposed by any governmental or regulatory authority;
  • war, hostilities, terrorism, riots, civil unrest or labour disturbances;
  • failures or disruptions of telecommunications networks, internet services, power supply, data centres or third-party technology infrastructure; and
  • any other event which could not reasonably have been foreseen or prevented by NSD.

14.2 Effect of Force Majeure

During the continuance of a Force Majeure Event: NSD’s obligations under these Terms shall be suspended to the extent affected by such Force Majeure Event; and NSD shall not be deemed to be in breach of these Terms or liable for any loss, damage or inconvenience arising from such failure or delay.

14.3 Resumption of Services

NSD shall use reasonable efforts to resume performance of its obligations under these Terms as soon as practicable after the cessation of the Force Majeure Event.

14.4 No Waiver of Statutory Rights

Nothing in this Clause shall exclude or limit any rights or remedies available to Users under applicable law, to the extent such exclusion or limitation is prohibited.

15. GOVERNING LAW & JURISDICTION

15.1 Governing Law

These Terms, the Privacy Policy and all matters arising out of or relating to the Platform or Services shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.2 Jurisdiction

Subject to applicable law, the courts at Indore, Madhya Pradesh, shall have exclusive jurisdiction over any disputes, claims or proceedings arising out of or in connection with these Terms, the Privacy Policy, the Platform or the Services.

15.3 Amicable Resolution

NSD encourages Users and Service Providers to first seek amicable resolution of disputes by contacting NSD’s customer support or grievance redressal mechanism, prior to initiating any legal proceedings.

16. GRIEVANCE REDRESSAL & CONTACT DETAILS

16.1 Grievance Redressal Mechanism

In accordance with the provisions of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023, NSD has established a grievance redressal mechanism for addressing User and Service Provider complaints, queries or concerns relating to the Platform or Services.

Users and Service Providers may submit grievances relating to:

  • use of the Platform or Services;
  • bookings, payments, cancellations or refunds;
  • data protection or privacy-related issues;
  • alleged misuse of the Platform; or
  • any other concern arising under these Terms.

16.2 Grievance Officer

NSD shall designate a Grievance Officer, whose name and contact details shall be made available on the Platform and/or the website in accordance with applicable law. Grievances may be submitted in writing through the contact details provided on the Platform.

16.3 Resolution Timeline

NSD shall endeavour to acknowledge and resolve grievances within the timelines prescribed under applicable law and, where no specific timeline is prescribed, within a reasonable period, depending on the nature and complexity of the grievance.

16.4 Escalation

Where a User or Service Provider is not satisfied with the resolution provided by NSD, they may pursue remedies available under applicable law before the appropriate judicial or regulatory authority.

16.5 Communication

NSD may communicate with Users and Service Providers in connection with grievances through email, telephone, SMS or in-app notifications, as deemed appropriate.

Effective Date: 03/02/2026