Definitions
1.1 "Platform" means the OptCure mobile application, website, and related services.
1.2 "User" means any individual booking services through the Platform.
1.3 "Provider" means the independent healthcare professional accepting this Agreement.
1.4 "Services" means healthcare-related services provided independently by the Provider.
1.5 "Booking" means a confirmed service request via the Platform.
Nature of Relationship
2.1 The Provider is an independent contractor.
2.2 Nothing in this Agreement shall be construed as:
- Employer-employee relationship
- Partnership
- Joint venture
- Agency relationship
2.3 The Provider has full autonomy over professional decisions.
Role of the Company
3.1 The Company provides a technology platform to connect Users and Providers.
3.2 The Company:
- Does not provide medical services
- Does not provide emergency services
- Does not supervise treatment
- Does not control clinical decisions
3.3 The Company's role is limited to:
- Listing Providers
- Facilitating bookings
- Processing payments
Provider Eligibility & Representations
The Provider represents and warrants that:
4.1 They hold valid qualifications relevant to the professional category they select, including physiotherapy qualifications where applicable
4.2 They possess required licenses/registrations under applicable laws
4.3 All documents submitted are true and authentic
4.4 They are legally permitted to practice in India
4.5 They will comply with all applicable healthcare regulations
Provider Obligations
The Provider agrees to:
5.1 Provide Services with reasonable skill, care, and diligence
5.2 Maintain professional conduct at all times
5.3 Ensure patient safety and ethical treatment
5.4 Provide accurate information on the Platform
5.5 Maintain confidentiality of User information
5.6 Comply with all applicable laws and medical standards
Professional Responsibility
6.1 The Provider is solely responsible for:
- Diagnosis and treatment
- Clinical decisions
- Patient outcomes
- Patient safety
6.2 The Company shall not be responsible for:
- Medical negligence
- Malpractice
- Clinical errors
Indemnity
7.1 The Provider agrees to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, or expenses arising from:
- Medical negligence or malpractice
- Breach of this Agreement
- Misconduct or unethical behavior
- Violation of laws
7.2 This obligation shall survive termination.
Limitation of Liability
8.1 The Company shall not be liable for:
- Any medical outcomes
- Disputes between Provider and User
- Indirect or consequential damages
Professional Insurance
9.1 The Provider is strongly advised to maintain professional indemnity insurance.
9.2 The Company may require proof of such insurance at its discretion.
Bookings and Service Delivery
10.1 The Provider may accept or reject Booking requests.
10.2 Upon acceptance, the Provider agrees to:
- Deliver Services at agreed time and location
- Maintain punctuality and professionalism
Non-circumvention
11.1 The Provider shall not directly engage with Users introduced via the Platform outside the Platform.
11.2 This restriction shall apply during the term and for 12 months after termination.
Payments
12.1 The Company may collect payments on behalf of the Provider.
12.2 The Company may deduct:
- Platform fees
- Applicable charges
12.3 Payment terms shall be communicated separately.
Taxation
13.1 The Provider is solely responsible for:
- Income tax
- GST (if applicable)
13.2 The Company shall not be liable for tax obligations.
Confidentiality
14.1 The Provider shall maintain strict confidentiality of:
- User data
- Medical information
- Platform data
14.2 This obligation survives termination.
Data Protection
15.1 The Provider shall comply with applicable data protection laws including:
- Digital Personal Data Protection Act, 2023
15.2 Data shall be used only for service delivery.
Conduct and Misconduct
16.1 The Provider shall not engage in:
- Harassment or abuse
- Fraud or misrepresentation
- Unethical practices
16.2 The Company may take action including suspension.
Quality Control (limited)
17.1 The Company may collect ratings and feedback.
17.2 This does not constitute supervision or control of medical services.
Suspension and Termination
18.1 The Company may suspend or terminate the Provider for:
- Fraud
- Invalid documents
- Repeated complaints
- Policy violations
18.2 The Provider may terminate by providing notice.
Record Keeping
19.1 The Provider shall maintain records as required under applicable laws.
Force Majeure
Neither party shall be liable for delays due to events beyond control.
Dispute Resolution
21.1 Disputes shall be resolved amicably.
21.2 Failing which:
- Arbitration in Bangalore
- Governed by Indian law
Governing Law
This Agreement shall be governed by Indian law.
Entire Agreement
This Agreement constitutes the entire understanding between parties.
Modifications
The Company may update this Agreement.
Continued use constitutes acceptance.
Acceptance
By registering on the Platform, the Provider agrees to this Agreement.
Acceptance checkbox:
"I confirm that I am an independent professional and accept full responsibility for services provided."