1. INTRODUCTION

These Terms and Conditions ("Terms") govern your access to and use of the N.C. Bose Health Care System platform, including all associated web and mobile applications (collectively, the "Platform"), and all services provided through the Platform ("Services").

The Platform is owned, managed, and operated by [Your Organization Name] ("we", "us", "our", "Company"). By accessing, registering, or using this Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other applicable policies.

2. DEFINITIONS AND INTERPRETATION

2.1 Key Definitions

• User: Any individual or entity accessing or using the Platform, including Doctors, Patients, Pharmacies, Pathlab staff, Suppliers, Coordinators, and Administrative personnel.
• Doctor: A licensed medical practitioner registered with the Medical Council of India (MCI) or its successor organization.
• Patient: Any individual accessing the Platform to seek medical services or health information.
• Personal Information: Any information that can identify you, including but not limited to name, contact details, medical records, and payment information.
• Sensitive Personal Information: Data relating to passwords, financial information, health condition, medical records, biometric information, and similar data as defined under applicable law.
• Services: Appointment booking, prescription generation, telemedicine consultations, medical record storage, health information retrieval, and related healthcare functions.

2.2 Interpretation

Headings are for organizational purposes only. Singular terms include plural forms and vice versa. References to "you" mean the individual or entity using the Platform. References to "days" mean calendar days unless otherwise specified.

3. ACCEPTANCE OF TERMS AND MODIFICATIONS

3.1 Binding Agreement

Your access and use of the Platform constitutes your agreement to these Terms. If you do not agree with any provision, you must not use the Platform or Services.

3.2 Right to Modify

We reserve the right to modify these Terms at any time, with or without notice. Changes become effective immediately upon posting. Your continued use of the Platform following any modification constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

3.3 Governing Law

These Terms are governed by the laws of India, including but not limited to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000
• The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• Any other applicable laws in force

4. ELIGIBILITY AND REGISTRATION

4.1 Age Requirement

You must be at least 18 years of age to use this Platform. By registering or accessing the Platform, you represent and warrant that you are 18 years or older and have the legal capacity to enter into a binding agreement.

4.2 Professional Credentials

• Doctors: Must be currently licensed medical practitioners registered with the Medical Council of India or equivalent regulatory body and must not have any legal or regulatory impediments to practice medicine in India.
• Pharmacies: Must be legally registered and comply with all pharmaceutical regulations.
• Pathlab Services: Providers must hold valid licenses and certifications for diagnostic services.

4.3 Accurate Information

You agree to provide accurate, complete, and truthful information during registration. You are responsible for maintaining the accuracy of your account information. We reserve the right to verify information and suspend or terminate your account if information is found to be false, inaccurate, or incomplete.

4.4 Account Security

You are solely responsible for maintaining the confidentiality of your password and account credentials. You must notify us immediately of any unauthorized access or use of your account. We are not liable for unauthorized access resulting from your negligence.

5. DOCTOR-PATIENT RELATIONSHIP DISCLAIMER

5.1 No Direct Medical Advice

The Platform is a healthcare facilitation service, not a substitute for professional medical consultation. The information provided on the Platform, including AI-generated medical advice, does not create a doctor-patient relationship unless explicitly established through formal consultation.

5.2 No Emergency Service

The Platform is not intended for medical emergencies. If you are experiencing a medical emergency, immediately contact an ambulance service or go to the nearest hospital. We assume no liability for delay or failure to provide emergency services through the Platform.

5.3 Medical Responsibility

Doctors retain full medical responsibility for any advice, prescriptions, or treatment recommendations provided through the Platform. Patients acknowledge that all medical services are provided by independent practitioners, and the Company is not responsible for the quality of medical care, advice, or treatment provided.

5.4 Consultation Limitations

• Video consultations are not a substitute for physical examination when medically necessary.
• Doctors may recommend in-person consultation when deemed necessary.
• Patients are responsible for following up with physical consultations as advised.

6. PERMITTED USE AND USER OBLIGATIONS

6.1 License Grant

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform solely for lawful purposes in accordance with these Terms.

6.2 Prohibited Activities

You agree not to:

• Copy, republish, modify, or distribute any content from the Platform without authorization
• Attempt to gain unauthorized access to the Platform or its systems
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use automated tools, robots, spiders, or similar devices to access or monitor the Platform
• Engage in any activity that disrupts or interferes with the Platform's functionality
• Upload, display, or transmit any content that is defamatory, obscene, offensive, threatening, harassing, deceptive, or violative of any applicable law

6.3 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, regulations, and rules. Any violation of law is your sole responsibility.

6.4 Confidentiality

• Doctors and staff must maintain strict confidentiality of patient information.
• Patients should not share sensitive health information with unauthorized third parties through the Platform.
• All users must respect the privacy rights of others.

7. DATA CONFIDENTIALITY AND PATIENT INFORMATION

7.1 Doctor Responsibilities

Doctors and medical staff agree to:

• Treat all patient data as confidential
• Access only the minimum necessary information for service provision
• Not disclose patient information to unauthorized third parties
• Comply with all applicable patient confidentiality laws and medical ethics codes
• Observe appropriate duty of care in managing patient information

7.2 Restrictions on Data Use

Users agree not to:

• Copy or republish patient records
• Share patient information with unauthorized parties
• Make patient data available outside the Platform without consent
• Remove or modify copyright or proprietary notices on medical records
• Access data for competitive or research purposes without consent

7.3 Platform Data Handling

The Platform stores user data with industry-standard encryption and security measures. However, users acknowledge that:

• No system is completely secure
• Data may be accessed in accordance with legal requirements
• Users are responsible for backups of critical information

8. LIMITATION OF LIABILITY

8.1 No Warranty

The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty, express or implied, including:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties regarding uninterrupted or error-free service
• Warranties regarding the accuracy or completeness of content
• Warranties regarding freedom from viruses or harmful components

8.2 Limitation of Damages

8.3 Aggregate Liability Cap

The Company's total liability for any claim arising from your use of the Platform shall not exceed ₹1,000 (One Thousand Rupees) or the amount you paid for services in the three (3) months preceding the claim, whichever is lower.

8.4 User Assumption of Risk

You acknowledge that you use the Platform at your own risk and assume all associated risks, including risks related to reliance on Platform information, medical consultations, data security, and third-party actions.

9. INDEMNIFICATION

9.1 User Indemnity

You agree to indemnify, defend, and hold harmless the Company, its directors, employees, agents, and service providers from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees) arising from or related to your use or misuse of the Platform, violation of these Terms, violation of third-party rights, or any improper conduct.

9.2 Cooperation

You agree to fully cooperate in defending any claim and shall not settle without the Company's prior written consent.

10. APPOINTMENT AND CANCELLATION POLICY

10.1 Non-Refundable Services

Once a service is initiated or an appointment is booked, it is generally considered final and non-refundable, except as explicitly stated in this policy or required by applicable law.

10.2 Cancellation by Patient

Patients may cancel scheduled appointments:

• More than 24 hours before: Full refund or credit
• Less than 24 hours before: No refund; credited amount may be forfeited
• No-show without cancellation: No refund; may result in account restrictions

10.3 Cancellation by Doctor

If a Doctor cancels or fails to appear for an appointment, the patient will receive a full refund or credit.

10.4 Refund Process

Approved refunds will be processed to the original payment method within 5–10 business days.

11. TERMINATION OF ACCOUNT

11.1 Termination by Company

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, if you violate these Terms, provide false information, engage in illegal conduct, or if we reasonably suspect fraudulent activity.

11.2 Termination by User

You may terminate your account by submitting a written request to support@ncbosehcs.com. Upon termination, your access will be revoked, though the Company may retain certain information as required by law.

11.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases, your account data may be permanently deleted, and you remain liable for any obligations incurred before termination.

12. DISPUTE RESOLUTION

12.1 Mediation

Any dispute arising out of or related to these Terms shall first be resolved through good-faith negotiation for a period of 30 days from the date of written notice.

12.2 Arbitration

If mediation fails, the dispute shall be resolved through binding arbitration:

• A single arbitrator shall be appointed
• Arbitration shall be conducted under the Arbitration and Conciliation Act, 1996
• The seat of arbitration shall be Bangalore, India
• Proceedings shall be conducted in English
• Each party shall bear its own costs unless otherwise decided by the arbitrator

12.3 Jurisdiction

The courts at Bangalore, India shall have exclusive jurisdiction over any legal proceedings.

13. GRIEVANCE REDRESSAL

13.1 Filing a Grievance

To file a grievance or complaint:

1. Send written details to info@ncbosehcs.com
2. Include your name, contact information, and complaint details
3. Reference the specific provision or issue involved
4. Provide supporting documentation

13.2 Response Time

We aim to respond to all grievances within 7 business days. Complex grievances may require additional investigation time.

14. COMMUNICATIONS AND CONSENT

14.1 Consent to Communications

By registering or using the Platform, you consent to receive:

• Transactional emails regarding your account or appointments
• Administrative messages about service changes
• SMS or WhatsApp notifications regarding appointments or health alerts
• Promotional communications (which you can opt out of)

14.2 DND Compliance

Notwithstanding Do Not Disturb (DND) registrations, you consent to receive service-related communications, appointment reminders, and medical emergency notifications as per TRAI regulations.

14.3 Opting Out

You may opt out of promotional communications by using the unsubscribe link in emails, contacting support@ncbosehcs.com, or adjusting notification settings in your account.

15. INTELLECTUAL PROPERTY

15.1 Ownership

All content, design, graphics, text, and materials created by the Company are the Company's property. User-generated content remains the property of the user who created it.

15.2 User-Generated Content

By uploading or submitting content, you grant the Company a worldwide license to store, process, and display such content for service provision purposes.

15.3 Content Standards

You warrant that any content you provide does not infringe on third-party rights, is truthful, and complies with all applicable laws.

16. PRIVACY AND DATA PROTECTION

16.1 Privacy Policy

Your use of the Platform is subject to our separate Privacy Policy, which governs the collection, use, and disclosure of your personal information. Please review the Privacy Policy carefully.

16.2 Data Protection Compliance

The Company complies with applicable data protection laws including the GDPR and other relevant regulations.

16.3 Data Access Rights

You have the right to request access, correction, or deletion of your personal information, and to withdraw consent for data processing.

17. MISCELLANEOUS PROVISIONS

17.1 Entire Agreement

These Terms, along with the Privacy Policy and any other incorporated policies, constitute the entire agreement between you and the Company and supersede all prior agreements.

17.2 Severability

If any provision is found invalid, that provision shall be limited to the minimum extent necessary, and the remainder shall continue in full force.

17.3 Waiver

No waiver of any provision shall be effective unless in writing. The failure to enforce any right does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms to any third party. The Company may assign to its affiliates or successors.

17.5 Survival

Provisions related to limitation of liability, indemnification, intellectual property, and dispute resolution shall survive termination.