Last updated February 18, 2025
This Platform User Agreement (“Agreement”) is executed on the day of acceptance of the terms and conditions and this Agreement by the “Professional on Board” OR Organization [Hospitals, Clinics, Labs] “Owners / Authorized Person” and shall be deemed to be executed at Ghaziabad, UP by and between:
HOSPIHANDS Private Limited, a company incorporated under the Companies Act, India & having its corporate office at SF-2A, Second Floor, Lucky Plaza, Sector 12, Vasundhra, Ghaziabad, UP 201012 (hereinafter referred to as the “HOSPIHANDS Private Limited”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its authorized representatives, assigns and successors)
AND
The customer [Professional or Organization] using the platform/application of the Company (hereinafter referred to as “Professional/You”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his/her legal heirs, authorized representatives and successors)
(Reference to male and female may be read interchangeably as the context requires)
WHEREAS:
By clicking the “I accept” button or otherwise accepting this Agreement, You agree to follow, abide, and be bound by the terms and conditions of this Agreement.
NOW, THEREFORE, expressly incorporating the foregoing recitals as part of the consideration hereof, the Company and the Professionals hereby agree as follows:
“Acceptance” shall mean and include your unconditional consent to the Agreement by clicking on the box -“Accept” at the time of Registration.
“Organizations” shall mean and include hospitals/healthcare Organizations/Clinics/Labs.
“Job Posting” shall mean and include the Assignment posts/advertisements/Opportunities posted by the Organizations on the App.
“Assignments” shall mean and include the independent work Assignments /Opportunities availed by the Professionals/You against the Advertisements posted by the Organizations on the App.
“Job Application” shall mean & include the application of the Assignment of the Organizations against the Advertisement.
“Professional” shall mean the subscription offer availed by the Professional [Health Care Professionals [USER].
“Organization” shall mean the Bodies like Hospitals, Medical Institutes, Clinics, or Labs who uses the HOSPIHANDS Platform [USER].
“Subscription” shall means the offer available at the platform and selected by the Professional.
“Premium Services” shall mean the Subscription model availed by the Professional /Organization for privileged services.
“Subscriber” or “USER” shall mean the Professionals / Organization who have validly subscribed to and completed the Registration Process on the App and have successfully created the Account and in future, who’s Account has not been terminated.
“App User Fees” shall mean the fees applicable to Professional/ Organization for using HOSPIHANDS Platform services for any type of Assignment /Job Postings.
“APP” means the platform of HOSPIHANDS provided by the company for users.
“Terms of Use” shall mean and include the terms and conditions under this Agreement as well as any other specific terms of use or condition as appended to the App.
“Your Services” shall mean and include the healthcare services to be provided by You /Professionals to the Organizations w.r.t. the Assignments posted on the App.
The terms and conditions under this Agreement including Terms of Use of the Assignment/App/Company’s Services made available on www. hospihands.com or the App available on Google Play, Windows Store or Apple Store or any other online platform, including amendment/modification thereof, shall form an integral part of this Agreement and You shall be deemed to have read and agreed with the latest and current Terms of Use at all the times. In case You do not agree or have objections to any future amended Terms of Use, You may raise your grievance and reasons of objections within 7 days of publication of such amended Terms of Use, failing which it shall be deemed and recorded as your unconditional acceptance on the same. If any objection is raised on Terms of Use, You may delete the App and the Agreement shall be deemed terminated forthwith. However, in the event You wish to log in and revive the Agreement Again, You may reactivate the Account and your relation with the Company and the Organizations shall be governed by this Agreement only subject to updated Terms of Use, if any, and You shall be deemed to have duly accepted the Terms of Use and the Agreement thereof.
When You use the Platform, it will be subject to the Agreement & Terms of Use. Company may update these Terms of Use from time to time and will endeavor to notify You of such changes at the earliest however, once available and notified on the Platform/App, it shall be the sole duty of the Professional to keep him/her updated on the updated/amended version of the Terms of Use. You must ensure that You read the Terms of Use and any updated version thereof, before proceeding to use the Platform or the Company’s Services, as the case maybe.
You shall be rendering Your Services as an independent consultant and You will be fully entitled to continue with your earlier or existing employments or any kind of professional engagement whether past, present or future unless the Organizations has reservations against the same. However, it shall be your sole responsibility to ensure that the Assignments shall not be in conflict with your other professional engagements or employments and You shall alone be liable for any consequence in such event.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules there under as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures and electronic acceptance of the Agreement shall deemed to be the due consent for the purposes of the Contract Act 1872.
Company disclaims and shall disclaim all representations and warranties to the Job Posting/ Assignments, of any kind, whether express or implied as to condition, suitability, quality, Professional negligency, merchantability and fitness for any purposes in respect thereof and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of App.
Company further disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by You of the Applicable Laws, of the terms of the applicable licenses and permits that are issued by the Authorities for Your Services and the duty of care the You owe towards the Organizations.
Company does not warrant to You that You will be able to use the App at all times or all locations or that the App and Company’s Services provided through the App will be uninterrupted or virus free or error-free or free from any technical glitches or malicious software and You shall neither raise any dispute on the same nor claim any loss /claim/compensation in respect to the same.
In the event You have chosen the “Professional Monetisation Services” Subscription, the Company will charge You an App User Fees for every Assignment. The App User Fees shall be determined solely by the Company, and the same shall be deducted from the Assignment Fees. In the event You have chosen the “Professional Premium Services” Subscription, the Company will charge a subscription fees (Monthly/Quarterly/Annually/Lifetime), determined solely by the Company from time to time. You will get the discounts on each successful Assignment as per the terms and conditions and benefits as existing and accepted by You at the time of Subscription.
On successful completion of your Assignment with the Organizations and subject to approval of payment, your fees for Your Services or w.r.t. monthly remuneration/fees in the event of a job of permanent nature (“Remuneration”) by the Organizations, the Remuneration shall be paid to You by the Organizations to your bank account/your wallet or any payment facility as provided by You in the Account; subject to deduction of the App service fees (“App User Fees”) to be charged by the Company. The Company is merely an intermediary providing the online marketplace services and the App is only a platform where You shall offer Your Services to the Organization on execution of the Agreement, App User Fees and registration and acceptance by of the Agreement.
Company shall not be liable for any cancellation of the Job Application or Assignment either by the Organizations or You in any manner whatsoever irrespective of the fact that the Organizations have denied to take Your Services after initial confirmation. The USERS [Organizations & Professionals solely responsible for such cancellations and has to follow cancellation policy.
In an event You avail the “Professional Monetisation Services” Subscription, the Company shall pay You the Assignment Fees after deducting the App User Fees within 30 working days, subject to the approval of the Assignment received from the Organization.
You hereby covenant and state that You understand that You shall not become an employee of the Organizations or the Company after being successful in getting the Assignment and shall be engaged thereby only on casual basis and You hereby further confirm and agree that You shall not claim or dispute the same in any manner whatsoever. You confirm and understand that the Organizations are under no obligation to offer You any future Assignment and the Organizations shall be under no obligation to offer the same or similar terms and conditions when commencing a new Assignment, or undertaking a new service by You.
The Professional hereby covenants and states that he understands that he is not an employee of the Company and shall be engaged hereby only with the Organizations directly and independently for the requirements of the Assignments. You shall be bound by the buffer time/handover time/overtimes or any other policy or other condition of the Organizations or as mentioned in the app and You hereby further confirms and agrees that You shall not claim or dispute the same in any manner whatsoever. You shall be liable to adhere to the rules and regulations related to the workplace of the Organizations during performance of Your Services including by-laws, and any other policy. In the event the Services are being performed at the premises of sister concern, business partner or associates of the Organizations, the Professional shall adhere to and abide by the policies and rules and regulations of the concerned entity.
Your period of work under the Assignment shall be determined and be consistent with the work hours published in the Job Posting.
You shall be required to comply with all reasonable instructions issued by the Organizations so as to facilitate the proper performance of Your Services.
The Professional shall be required to provide his/her own transport to and from work related to the Assignment.
You shall sign Non-Disclosure Agreement w.r.t Confidential Information if required by the Organizations. You recognize that the Organizations’ materials of any kind and nature including but not limited to software, computer equipment (i.e. laptop, power cord, mouse), cell phone, databases, written material, files, documentation, pager, keys, building access cards or its credit card, methods and procedure and customer and prospective customer names and details, shall be the sole property of the Organizations and shall not be used for unauthorised or personal purposes or any other unofficial reasons and shall be returned to the Organizations forthwith upon the conclusion of the particular Assignment.
You will not represent or sign any legal documents on behalf of the Organizations or the Company and shall not represent yourself as representative of or associated with the Company in any manner.
Except of a job of permanent nature, the Assignment being intermittent in nature and independent services, You understand and covenant that you will not be entitled to any statutory benefit from Organizations which the employees of the Organizations are entitled to including Bonus/Mediclaim/GPF/ESI/EPF etc. and you hereby expressly waive off all or any rights and claims thereof, if any. In case of the Assignment being in nature of a permanent job with the Organization, the liability of compliance with the labour laws w.r.t. the Assignment shall solely lie with the Organization and the Company neither has any say or has any legal obligation w.r.t. any such labour law compliance by the Organization and therefore, You shall have to deal with the Organization on your own without involvement of the Company and in the event the Company is dragged into any litigation or matter w.r.t. the same, You unconditionally consent to indemnify the Company for all legal cost and damages/loss the Company may incur for such events.
The Assignment shall be subject to your medical, physical and mental fitness alongwith requisite qualification. You declare and undertake hereby that You are medically fit and sound to perform the Assignment. You may be required to submit educational and medical examination confirming your fitness for the concerned position as and when considered necessary by the Company.
It shall be treated as breach of the Agreement, and payment of the Compensation shall be on the Organization/ Company’s discretion; upon happening of the following events:
It is mandatory for You to register on the App after filling KYC details & Documents on the App. The KYC /Documents or details which are provided by the Professionals on the App are for initial verification purpose as well as reliance on your credentials for the purposes of the Opportunities.
The Company is providing only an online platform for Professionals for their opportunities w.r.t. the Assignments and Documents are stored on the App only for the sake of analysis by the Organizations and therefore, the Company neither uses nor substantiates any matter related to the Documents and KYC and neither takes nor shall be liable for any claim/matter arising out of or related to the Document or KYC including any unauthorised use of such Documents and KYC.
You hereby give unconditional consent to provide and use your KYC and Documents for storage w.r.t. the purposes of the App and the Services and for use and analysis and reliance thereof by the Organizations with respect the Opportunities and You further consent of printing, replications and other lawful use of the Documents and KYC for the purposes of the Opportunities. The Organizations shall have direct or indirect access to your KYC and Documents and no permission shall be required by the Organizations for perusing the same for the Assignments. The Company may share the KYC and Documents under Applicable Laws or w.r.t. the Applicable Laws including to any third party legally requiring the Documents and KYC viz. auditors/authorities etc.
The Company has no role in the Assignments/Opportunities except for providing the App i.e. the Company’s Services which can be used by You to take independent Assignments. Also, You agree and understand that there is no guarantee or warranty for a guaranteed Assignment in your favour and the same is subject to complete discretion of the Organizations.
Also, the Assignment shall be for Your Services on independent assignment basis as per the need and requirement of the Organizations and their affiliates/sitter concern on an hourly paid basis or short term basis or monthly basis or in any other mode, as posted by the Organization on the App and as agreed by You. There shall not be any kind of employer-employee or any kind of relation between the Company and the Professional in any manner whatsoever.
This Agreement shall apply to all Assignments performed by You and there shall be no actual or implied or contractual relationship between You and the Company in between Assignments other than any ongoing obligations and covenants contained within this Agreement& Terms of Use.
The Terms of Use and Agreement are personal to Professional and they agree not to assign or transfer their rights or obligations under the same to anyone else. The Professional shall be liable to adhere to the rules and regulations related to the workplace of the Organizations during performance of Your Services including by-laws, and other policies. In the event Your Services are being performed at the premises of sister concern, business partner or associates of the Organizations, the Professional shall adhere to and abide by the policies and rules and regulations of the concerned entity.
You consent to the Company holding and processing, both electronically and manually, the data it collects in relation to You, for the purpose of the Company’s administration and management, its business and for compliance with applicable procedures, laws and regulations. You also consent to the transfer, storage and processing by the Company of such data outside India, where the Company may have its offices. You also consent that the Company shall use your registered mobile number and e-mail ID for all or any communication w.r.t. the Application and the Agreement which includes Company’s Services like SMSs intimations/WhatsApp intimations including making You part of the requisite chat groups, as required; and You hereby provide unconditional acceptance to the same.
You further understand, covenant and consent that the App has certain features or functionality that it will collect or be dependent on data related to your geographic location (“Location Data”). If You wish to use the App and its services, You agree to provide or to make your Location Data accessible to the App/Company. To the extent that the App/Company collects Location Data, the same will be used in accordance with the Privacy Policy of the Company as available in the App/Website. If You do not provide or make such Location Data accessible, then the functionality of the App or the Company’s Services may be limited or not operate. The Location Data will include the real-time geographic location of your device or computer that you attempt to locate using the App/Website and You hereby agree and consent to the Company’s/associates’ and licensor’s collection, use, transmission, processing and maintenance of such Location Data to provide Company’s Services. In addition, by enabling and or using any location-based services or features provided through the App, You agree and consent to the Company/associates and licensees collecting, using, processing and maintaining information related to your account, and any devices or computers registered thereunder, for the purposes of providing such location-based services or feature to You. Such information may include, but is not limited to, your account ID and name and information thereof, device and/or computer ID and name, device and/or computer type and geographic location of your device and/or computer. You can withdraw your consent at any time by terminating the Agreement/deleting the App. Company stores and processes your information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as Company’s policy. If You object to your information being used in the manner prescribed by law or under Company’s Policy, You should terminate this Agreement with immediate effect while deleting your Account forthwith.
The HOSPIHANDS mobile application is a platform designed to connect job seekers with third-party job advertisements and employment opportunities. By accessing or using this app, you acknowledge and agree to the following terms:
No Responsibility for Fraudulent Job Listings
HOSPIHANDS is not responsible for the accuracy, legitimacy, or authenticity of any job listings posted on this platform by third-party employers or recruiters. Users are strongly advised to independently verify all job details, employer credentials, and recruiter information before taking any further action, including applying for jobs or making any financial transactions.
No Guarantee of Employment
HOSPIHANDS does not guarantee that users will secure employment through the platform. All employment opportunities posted on this platform are subject to the discretion of the third-party employers, and HOSPIHANDS is not involved in the hiring or recruitment process. The platform merely serves as a conduit for job listings.
Limitation of Liability
By using this application, you agree that HOSPIHANDS is not liable for any losses, damages, or fraudulent activities that may arise from interactions with third-party job postings. Users are encouraged to exercise caution and due diligence when engaging with potential employers.
User Responsibility
It is the responsibility of users to thoroughly research and confirm the validity of any job offers and the integrity of the recruiters before proceeding with any applications, interviews, or financial engagements.
HOSPIHANDS reserves the right to remove or modify any job listing at its discretion but is not responsible for monitoring or controlling the accuracy of job postings by third parties. By continuing to use the HOSPIHANDS app, you acknowledge and agree to this disclaimer.
Electronically Accepted by You