TERMS AND CONDITIONS OF USE – Nirvah care APP

These Terms apply uniformly to all Users of the Platform regardless of category. By registering or using the Platform, Users agree to comply with all terms contained herein, and in other associated policies made available by the Company. These Terms are intended to ensure compliance with all applicable laws, including but not limited to, the Indian Contract Act, 1872, the Information Technology Act, 2000, and consumer protection laws. These Terms may be supplemented or modified by specific service agreements, disclaimers, or policies relevant to a particular service or user group. Continued access or use of the Platform constitutes unconditional acceptance of the Terms, including any amendments made from time to time.

• The Platform is available only to individuals who are competent to enter into a legally binding contract under the Indian Contract Act, 1872.
• Users must be at least 18 years of age. For minors, parents or legal guardians must supervise and take responsibility for any action performed on the Platform.
• By registering on the Platform, Users confirm that all information provided at the time of registration and use is true, complete, and up-to-date.
• Users agree not to register multiple accounts under false identities or for any unlawful purposes.
• The Company reserves the right to verify the credentials of any User and suspend or terminate access without notice for non-compliance with eligibility criteria.
• Users found in violation of the eligibility criteria may be blacklisted from future use of the Platform.

The Company acts only as an intermediary and facilitator of healthcare services and does not itself provide medical care, diagnosis, prescriptions, or laboratory services. The Platform enables Users to:

• Discover and interact with licensed Practitioners;
• Schedule and manage online and in-person consultations;
• Access electronic medical records, prescriptions, and diagnostic test reports;
• Participate in corporate wellness initiatives and vaccination programs.

The Platform is not a replacement for emergency medical care or hospitalization. Any service availed through the Platform is rendered solely by independent third-party healthcare providers. The Company shall not be liable for:

• The qualifications, quality, accuracy, or outcome of medical advice or diagnosis provided by a Practitioner;
• Delays, interruptions, or inaccuracies in lab services;
• Any medical negligence, misconduct, or fraud committed by third parties.

• All Users agree to use the Platform only for legitimate healthcare-related purposes.
• Users shall not use the Platform for commercial, promotional, or unlawful activities; post defamatory, obscene, or misleading content; upload viruses or malware; disrupt Platform operations; or harvest/scrape data.
• Users shall maintain the confidentiality of their login credentials and shall not share their account with third parties.
• The Company reserves the right to suspend or terminate any account that violates these terms or applicable law, without prior notice.
• Any suspected fraudulent or abusive activity may be referred to law enforcement authorities for investigation.

• Possess and maintain valid professional licenses as per applicable Indian laws; upload accurate and verifiable profile details, including qualifications, specializations, and registration numbers; and comply with applicable medical ethics and Telemedicine Practice Guidelines, 2020.
• Practitioners shall not prescribe medication without adequate history or evaluation; solicit patients or engage in competitive practices that violate medical ethics; or provide emergency consultation services through Nirvah care.
• The Company may verify credentials, moderate patient reviews, flag potential misconduct, and suspend or remove profiles in case of legal violations, malpractice, or complaints.
• By registering, Practitioners authorize the Platform to display their name, photo, qualifications, consultation details, and ratings for promotional and informative purposes.

• Provide true, complete, and up-to-date personal and medical information (symptoms, history, allergies, medications, demographics, and relevant documents).
• Acknowledge that online consultations are not a replacement for in-person evaluations; diagnoses or advice are based entirely on information shared by the Patient; and outcomes are the sole responsibility of the Practitioner.
• Patients shall not book false appointments; record or broadcast Teleconsultations without consent; or leave abusive or defamatory feedback.
• Informed consent is deemed to be provided for each consultation, diagnostic, or record shared via the Platform, and Patients agree to consultation etiquette.

• Labs shall possess necessary licenses and accreditations (such as NABL), employ qualified personnel, and ensure proper handling, preservation, and timely delivery of samples and reports.
• Maintain strict confidentiality of patient data; share reports only through the Platform or to authorised individuals; and upload results within stipulated turnaround times.
• The Company is not responsible for inaccuracies in test results, failure to deliver timely/valid reports, or recommendations outside medical advice norms.
• Unethical or unlawful practices may result in permanent removal from the Platform.

• Share only verified and authorised employee/beneficiary data; obtain necessary consent; and use services solely for internal wellness, screening, vaccination, or CSR activities.
• Clients shall not resell or sublicense access, misuse employee data for monitoring/discrimination, or represent Nirvah care as an insurance provider unless agreed.
• The Company is not liable for internal employer-employee disputes, allegations related to wellness engagements, or misuse of the Platform beyond contract scope.

• Users may post reviews, comments, ratings, or feedback based on genuine personal experience that is respectful and free from vulgar, defamatory, or discriminatory language and personal data.
• The Company may monitor, moderate, edit, or remove content that violates these Terms or law, and suspend/ban misuse.
• Reviews and ratings once submitted cannot be modified except where factual errors are proven.
• Users grant the Company a non-exclusive, royalty-free, perpetual license to display submitted content on the Platform and to use it for marketing or quality improvement purposes.

• The Company complies with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 and the IT SPDI Rules, 2011.
• Data collected may include personal identification information, health information, and usage information; collected via user input, tracking technologies, and third-party integrations.
• Purposes include delivering/improving services, safety and compliance, and personalisation.
• Data is shared only with consent, when required by law, or with providers directly involved in the User’s consultation.
• Users may access, rectify, update, or delete their personal data; withdraw consent (subject to legal retention); and raise complaints via the DPO at nirvahcare@gmail.com.
• Security includes encryption, role-based access controls, and backups; however, the Company is not liable for data loss due to factors beyond its control.

• All IP on the Platform is the property of Nirvahcare Pvt. Ltd. or its licensors and is protected under applicable laws and treaties.
• Includes source/object code, algorithms, UI/UX, logos, names, content, and visual elements.
• Users are prohibited from reproducing, copying, modifying, reverse engineering, framing/mirroring, or deceptive linking without permission.
• The Company grants Users a limited, non-transferable, revocable license to use the Platform for personal, non-commercial purposes.
• Unauthorised use may result in legal action.

• To the fullest extent permitted by law, the Company and its affiliates are not liable for losses arising from reliance on Platform content or Practitioner advice; inaccuracy, delay, or failure of lab results or data transmission; non-negligent data breaches; or system interruptions.
• The Company’s maximum liability under any claim shall not exceed the amount paid by the User to the Platform in the past 30 days.
• Users understand the limitations of telemedicine and assume responsibility for decisions based on digital consultations.
• No communication creates a warranty not expressly stated in these Terms.

• Users agree to indemnify and hold harmless Nirvahcare Pvt. Ltd. and its affiliates from liabilities, damages, losses, and costs (including legal fees) arising from breaches of these Terms or the Privacy Policy; misuse or unauthorised use of the Platform; violation of third-party rights; or unlawful/professionally improper use of services.
• This obligation survives termination or suspension of the account/use.
• The Company may assume exclusive defence and control of any matter otherwise subject to indemnification, and Users shall cooperate fully.

• The Company may offer incentives or loyalty programs (e.g., SPICE Points) for bookings, referrals, or participation in wellness drives.
• Incentives may expire, are non-transferable and non-cashable, and may be revoked in cases of suspected fraud/abuse.
• Promotional offers may include discounts, bundles, or trials; apply only to designated services; and may be discontinued or modified at the Company’s discretion.
• Misuse of referral codes/offers can lead to disqualification, suspension, or legal action. Taxes, if any, are borne by the User.

• Health Feed content is informational/educational only and is not medical advice or a substitute for professional consultation.
• The Company does not guarantee accuracy/completeness/currency, endorse third-party claims, or assume responsibility for reliance.
• Users should consult qualified professionals before acting on Health Feed information.

• Q&A content may be publicly visible and searchable; questions should be general and avoid personal identifiers.
• Responses are educational and do not create a doctor-patient relationship.
• The Company may moderate and remove inappropriate/misleading/promotional content and restrict abusive users.
• The Company is not liable for reliance on Q&A responses.

• Audio, video, and text consultations are suitable only for non-emergency, preliminary, or follow-up care; physical examination may still be required.
• Practitioners may decline to diagnose, request in-person follow-up/diagnostics, or issue prescriptions per law and guidelines.
• Users shall not record consultations without consent, misrepresent symptoms/history, or use abusive language.
• Teleconsultations are not recorded by the Company unless both parties consent or required by law.

The Company’s comprehensive Privacy Policy forms an integral part of these Terms and is developed in accordance with the Digital Personal Data Protection Act, 2023, the IT SPDI Rules, 2011, and other applicable laws. By using the Platform, Users expressly consent to collection and processing of Personal Data/SPDI for service fulfilment, legal compliance, and legitimate interests; to necessary transfers/disclosures; and to retention for required durations, including after account deactivation. The Privacy Policy details categories of data, lawful bases, and User rights (access, correction/deletion, restriction/objection, consent withdrawal and consequences). In case of inconsistency, the clause that affords greater protection and transparency to the User shall prevail. Privacy grievances and DSARs may be sent to the DPO at nirvahcare@gmail.com. The Company does not sell or monetise User data for marketing without express opt-in consent. Anonymised/aggregated data may be used for research, development, product improvement, or analytics.

• These Terms are governed by the laws of India. Disputes shall first be resolved amicably through good faith negotiations.
• If unresolved within 30 days, disputes shall be referred to arbitration per the Arbitration and Conciliation Act, 1996.
• Arbitration proceedings shall be conducted in English (or as mutually decided), held in Rewari, and administered by arbitrator(s) mutually appointed by both parties.
• Subject to arbitration, courts in Rewari shall have exclusive jurisdiction.

• The Company may revise or amend these Terms and/or the Privacy Policy at any time to reflect business, legal, technical, or regulatory changes, and may introduce additional terms or feature-level disclaimers.
• Material updates affecting user rights, data usage, or service scope shall be notified via email, prominent in-app notices, or mandatory consent prompts.
• Users should review Terms and the Privacy Policy periodically. Continued use after publication/notification constitutes acceptance.
• If a User does not agree with revised Terms, they must discontinue services, contact support to close their account/withdraw consent (as applicable), and settle any pending obligations.
• The Company is not liable for loss/inconvenience due to a User’s failure to review or act upon amended Terms. In legal disputes, the version active at the time of the event shall prevail unless superseded by regulation.

For support, inquiries, or grievance redressal, please contact the designated grievance officer:

The Company shall respond to grievances within the timeline prescribed under applicable law (typically within 15 days).

For privacy-related requests, please write to the Data Protection Officer at nirvahcare@gmail.com.