These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use the Hosface Services (“Services”) offered on or through the Site and/or the Application and/or through any modes, medium, Platform or format (hereinafter collectively referred to as the “Hosface Platform”).

We aim to comply with the applicable Digital Privacy and Data Protection Regulations, including the Information Technology Act, 2000. This document is an electronic record under section 2(1) of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This document is in compliance with Section 43A of the Information Technology Act, 2000 and the rules made which mandate the implementation of reasonable security practices and procedures for the handling of sensitive personal data or information. These Terms and Conditions are designed in accordance with the applicable legal framework to ensure alignment with statutory obligations related to data protection and user privacy.

This Terms and Condition is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules, 2011, that require publishing the rules and regulations, privacy policy and terms of Use for access or Usage of the Site and Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”) that lays down conditions under which sensitive personal data or information (SPDI) can be disclosed.

Practitioner (hereinafter referred to as "Practitioners" or "You" or “Your") which expression includes medical health professionals and/or doctors registered and listed on the Hosface platform. All references to “Hosface,” "Company," "We," "Our," or "Us" shall mean Hosface Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at 37/1993, Infra Future Building, 8th Floor, Opp. BMC, Kakkanad, Thrikkakara, Ernakulam, Kerala, India-682021.

We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Hosface Platform herein. Please review the Terms and Conditions from time to time. Your continued use of the Services following the posting of changes and/or modifications shall constitute Your acceptance of any revised Terms and Conditions. The Company retains the right at any time to deny or suspend access to all or part of the Services to anyone who the Company believes has violated any of these Terms and Conditions.

The Terms and Conditions includes User Agreement, Privacy Policy, Cookie Policy, Copyright Policy and Legal Considerations for Minors..

1. INTERPRETATION

1.1. The terms "hereof," "hereto," "herein," "hereunder," and similar expressions shall refer to this Terms and Condition as a whole and not to any specific provision of this Terms and Condition.

1.2. Words in the singular include the plural and words referring to a specific gender shall be interpreted to include all genders.

1.3. Clause, sub clause and paragraph headings in this Terms and Condition are for reference and convenience only and shall not affect the interpretation of the provisions.

1.4. References to days, months and years shall correspond to English calendar days, calendar months and calendar years, respectively.

1.5. The term "writing" includes all forms of visible representation, including printing, typing, lithography, electronic records as defined under the Information Technology Act, 2000 and applicable rules or any other method of reproducing words visibly.

1.6. "Law" shall mean all applicable statutes, regulations, by laws, rules, policies, guidelines ordinances, directions and orders issued by any authorized.

1.7. "Person" shall mean any individual, partnership, corporation, company, unincorporated association, trust or other legal entity.

2. DEFINITIONS

2.1. “Applicable Laws" or "Law" shall mean any applicable national, federal, state or local laws and all applicable subordinate legislation and regulatory codes of practice, including statutory instruments, guidance notes, circulars, directives, decisions, regulations, treaties, conventions ordinances orders of any government agency, requirements or recommendations of any public, governmental or statutory authority.

2.2. "Intellectual Property Rights" or "IPR" shall mean and include all registered and unregistered intellectual property rights, including but not limited to trademarks, copyrights, industrial designs, patents, domain names, trade secrets, methodologies, processes, software, codes, content, User information, images, text, illustrations, audio clips, video clips, logos and features associated with the Company, Services or the System.

2.3. "Lab" or "Laboratories" shall mean and include diagnostic laboratories and their collection center's registered or associated with the Company.

2.4. "Person" shall mean any individual, corporation, partnership, joint venture, association organization, trust, state or governmental authority or other legal entity (whether or not having a separate legal personality). ( Any natural individual individual who accesses, uses or agrees to these Terms and Conditions, and who is capable of legally binding agreements under applicable law.)

2.5. "Practitioner Account Information" shall mean and include details such as the Practitioner’s name, email address, mobile number, password, date of birth, gender, registration number and any other information required by the Company to create and maintain the Practitioner Account.

2.6. "Practitioner Information" shall means all data, content, and credentials provided by or related to a practitioner listed on the Platform, including but not limited to their name, qualifications, specialization, experience, registration or license details, consultation availability, and other professional or contact information made available to users. 2.7. "Practitioner Services" shall refer to the services provided to Practitioners by the Company through its Application and System, including but not limited to:

2.7.1. Manage Practice Services: Such as Integrated calendar for booking and managing online consultations and clinic visits, also Maintaining electronic medical records and Invoicing and payments, also SMS and email notifications to patients and Other related services.

2.8. "Application" or "App" shall mean and include the Hosface mobile application and associated digital resources, including any updates, interfaces, data and functionalities provided by the Company.

2.9. "Application" or "App" shall mean and include the Hosface mobile application and associated digital resources, including any updates, interfaces, data and functionalities provided by the Company.

2.10. "System" shall refer to the Hosface platform, including its Application, electronic communication network, software, hardware, files, images and data generated by or associated with the platform.

2.11. "Territory" shall mean and include the territorial jurisdiction where the Hosface platform located, excluding all other countries and territories.

2.12. "Use" shall mean any Use of the Application or Services by a Person, including without limitation, Practitioners and their workforce (interns, employees, servants, affiliates, agents, independent contractors or representatives).

2.13. "User" or "Users" shall mean and include any registered or unregistered User of the Application, including patients and their representatives, agents or affiliates.

2.14. "User Account Information" shall include the name, email address, mobile number, password, date of birth, gender, location and any other information required by the Company for maintaining the User Account.

2.15. "User Information" shall include User Account Information, User generated content, Practitioner generated content, medical records and any other information generated or collected during the delivery of User Services, subject to the Company’s privacy policy.

2.16. "User Services" shall include the services made available by the Company from time to time through the Hosface Application, including but not limited to online consultations, appointment booking, health related information and diagnostic test services.

3. ACCEPTANCE OF TERMS

3.1. This Terms and Condition applies to all healthcare professionals (whether an individual professional or an organization including authorized associates of such practitioners or institutions) who want to list themselves as "Practitioner" on the Site and governs the provision of access to Practitioner on the Site or any Practitioner Services provided through the Site.

3.2. By accepting or clicking the tab/button "I agree" at the time of registration or by mere Use of the Practitioner Services provided by the Company through Site, the Practitioner shall be and be deemed to be bound by this Terms and Condition and to have read and understood and unconditionally accepted this Terms and Condition in its entirety for availing the Use of the Practitioner Services provided on or through the Site.

3.3. The Company is and the Practitioner accepts that the Company is the owner, author and publisher of the Site and the operator of the System associated with the Site for providing Services.

3.4. By Using the Site or accessing any material, information or services through the Site, the Practitioner agrees, admits, confirms and declares that the Practitioner has completed 18 years of age as on date of this Terms and Condition and that the Practitioner has fully read and understood the Terms and Conditions, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication or any other health or other problem that could impair judgment.

3.5. If You do not wish to be bound by any part of this Terms and Condition, You are not allowed to Use this Site or any of Services offered by the Company or the Site, any such Use of the Site or any of the Services shall not be valid and shall not vest any rights or entitlements in You and shall be a breach of this Terms and Condition by You.

4. PRACTITIONER OBLIGATIONS, UNDERTAKINGS AND CONSENT

4.1. By agreeing to this Terms and Conditions, You also represent and warrant that You are not barred from Practitioner Services under laws enabled in the specific country. Additionally, You undertake to inform the Company of any pending or decided cases or complaints against You in India or abroad related to medical negligence or medical offences.

4.2. You represent and warrant that You are qualified to provide medical services within the territory where you provide Service. Furthermore, You confirm that You have obtained all the necessary licenses as required by law to provide medical services and You have not committed any act or omission that might affect the renewal or continuation of these licenses.

4.3. To avail Practitioner Services, You will need to create a Practitioner Account. During account creation, You are required to enter essential personal and professional details, such as Your name, email address, mobile number, password, date of birth, gender and registration number.

4.4. The Company requires the verification of Your mobile number and/or email address as a mandatory step before creating Your Practitioner Account. Without successful verification, the account will not be created. Additionally, You agree to maintain the confidentiality of Your Practitioner Account and be responsible for all activities that occur under Your account. If any information provided by You is found to be false, inaccurate or incomplete, the Company has the right to suspend, terminate or block access to Your Practitioner Account.

4.5. You agree not to access any of the Practitioner Services by means other than through the interface provided by the Company. The Company reserves the right to verify Your identity, qualifications, documents and credentials as a Practitioner. Your Use of the Site and System is contingent upon the successful verification of these details. If the Company is unable to verify Your qualifications or credentials, it may terminate Your access to the System and Services at any time.

4.6. You agree that the Company may Use and disclose Your Practitioner Account information to verify Your identity and professional credentials through third parties. You authorize the Company to disclose such information as required and agree to hold the Company and third parties harmless from any claim or liability arising from these requests or disclosures. The Company may also suspend Your ability to Use the Practitioner Services while investigating complaints or violations of this Terms and Condition.

4.7. The Company reserves the right, in its sole discretion, to refuse access to the Site or any Services. Notwithstanding the foregoing, the Company shall provide a reason for such refusal upon request. The Company may also suspend or discontinue any Services or Site at any time, atits discretion and may refuse to allow further access to any Practitioner and shall provide a reason for such refusal.

4.8. You understand that the relationship between You and the User or patient is governed by applicable laws, independent of the Company. The Company merely provides a platform to enable interaction between the User and the Practitioner, without professional intervention. You are solely responsible for the professional services You provide and You must comply with all applicable laws and regulations. You agree not to impersonate another Practitioner or entity, misrepresent Your affiliation with the Company, Use abusive language or engage in any unlawful activity while Using the Practitioner Services. The Company reserves the right to block or suspend any Practitioner Account for violating these terms.

4.9. You hereby acknowledge and agree that You are solely responsible for all activities conducted through Your Practitioner Account on the online platform. In the event that You provide false or misleading information to patients or engage in any unlawful activities through Your account, You shall bear full responsibility for any resultant actions, consequences, and legal liabilities. Hosfase shall not be held liable for any acts, omissions, or misconduct carried out by You. Additionally, You agree to be solely responsible for any loss, damage, or injury caused to the Company or any third party as a result of illegal activities committed through Your Practitioner Account by You or Your workforce. You also consent to immediately notify the Company if You suspect or become aware of any unauthorized use of Your account. The Company will not be liable for any losses caused by such unauthorized use, and You will bear full responsibility for any losses incurred by the Company and be liable to compensate any affected parties

5. LISTING OF PRACTITIONER INFORMATION

5.1. Your personal profile, including experience, academic background and awards will be accessible to Users on Hosface and will be considered non confidential and non proprietary. Providing additional information beyond what is required during registration is optional and can be edited or removed at any time.

5.2. Hosface automatically lists practitioner information for every 'Consultant' or 'Clinic' added to a practice. This information is displayed when Users search for healthcare services and may include details such as the practitioner's name, specialization, experience, contact numbers, clinic address, operating hours, services offered, charges and other relevant information for online services.

5.3. Hosface reserves the right to list practitioners who are not part of this Terms and Condition and may modify practitioner listings on the platform as needed. Practitioners or practices can update, remove information or disable appointment requests and other User services through available options on the practitioner dashboard or by contacting Hosface via the "Contact Us" section on the platform.

6. CLINIC APPOINTMENT

6.1. Hosface offers practitioners the option to make their calendars available for instant booking. Hosface reserves the right to enable or disable the instant booking feature based on factors such as the practitioner's fulfillment of User appointments. Practitioners will be notified of any changes to this feature.

6.2. If You opt for the instant booking feature, the system will accept online appointment requests on Your behalf. However, due to technical or operational reasons such as missed notifications or delays in reading emails or messages some appointment requests may not reach You in time or at all. Hosface holds no responsibility for such occurrences.

7. TRANSCRIPTS OF VIDEO AND AUDIO CALLS BETWEEN USERS AND PRACTITIONERS

7.1. The records of electronic communications, as well as video and phone calls, may be stored on Hosface's servers and those of its communication service providers. These records are managed in accordance with our Privacy Policy and are retained for purposes including service administration, customer support, research and development and for improving the listing of practitioners.

8. AVAILABILITY OF PRACTITIONERS FOR ONLINE CONSULTATIONS

8.1. A Practitioner is eligible to provide this service only if they specialize in the relevant area of practice. The goal of this service is to connect the User to a Practitioner as quickly as possible. To achieve this, the request is sent to multiple online Practitioners and the User is connected to the first Practitioner who accepts the request. As a result, the identity of the Practitioner is only revealed to the User once the video or phone call is initiated.

8.2. Practitioners are advised to activate this service only if they have at least Forty-Five minutes of available time and no pre scheduled appointments. For availability of practitioners for online consultations, the consultation duration is set to Fifteen minutes. However, it is at the discretion of the Practitioner to adjust the duration, with a maximum of Thirty minutes.

9. COMMISSION AND PAYMENT FOR USER SERVICES

9.1. The Company will charge a commission for most of the User Services provided by Practitioners through the System. You are encouraged to review the details after registration on Your My Account page under Online Service Settings. If You do not agree with the commission being charged, please refrain from providing commission based User Services. The Company may introduce new commission based User Services or amend the existing commission rates at its discretion. Any changes will take effect immediately upon posting on the Site or by email notification.

9.2. You are required to provide accurate billing information, including Your Permanent Account Number (PAN) details and Service Tax registration details and must ensure that the billing details Used are lawfully owned by You. Additionally, You must provide Your bank account details for payment transfers. The Company will not be responsible for any errors or omissions in the information provided. Payments for chargeable User Services will be made by the User through the secure payment gateway on the Site or through the Company bank account.

10. SYSTEM REQUIREMENTS

10.1. You are responsible for acquiring, installing, configuring and maintaining all the hardware, software and communication systems necessary to access the System ("Implementation"). Your Implementation must meet our specifications and be compatible with the System and Services. If we notify You of any incompatibility, You must address it and we may suspend Services until it is resolved

11. IPR, TRADEMARK, COPYRIGHT - USE, RESTRICTIONS AND LIMITATIONS

11.1. The Company owns and controls all intellectual property rights (IPR) related to the Site, System and Services, including any future modifications or enhancements. All content on the Site, such as images, text, audio, video, trademarks and User information, is owned by the Company or its respective owners. You are not allowed to redistribute, modify or commercially exploit any content from the Site, except as allowed under this Terms and Condition.

11.2. The Company grants You limited access to view and Use Practitioner Account Information and User Information solely for providing professional services through the Site. You may only Use the Site for personal, noncommercial purposes and You cannot reproduce, distribute or create derivative works from any content unless allowed by the Terms and Condition. Additionally, the Company may Use Your information for purposes such as publishing it on the Site, contacting You for feedback, offering products or services and analyzing software or practice information for improvement or commercial Use

12. COMMUNICATION TO THE PRACTITIONER

12.1. By Using the Site, You agree to receive communications from the Company through any method, including phone, SMS, email, WhatsApp or other means, for any purpose the Company deems necessary.

12.2. As a registered Practitioner, Your consent to be contacted by the Company about services, promotions, feedback and other related matters. While the Company aims to send notifications and reminders promptly, it is Your responsibility to keep track of appointments and transactions. Communications from the Company will be considered effective once sent, even if You haven't read them or received them. You can stop receiving communications by cancelling Your Practitioner Account.

13. REFERENECE

13.1. You must agree to allow Us to share Your reference with other potential Practitioners and/or Labs that we may want to introduce to the Site as a referral for our Services.

14. RIGHTS OF MODIFICATION

14.1. You agreed that, this Terms and Condition and the Practitioner Services may be modified or removed by the Company due to changes in government regulations, policies or local laws

15. FORCE MAJEURE

15.1. Neither party will be held responsible or considered in breach of the Terms and Condition if they are unable to fulfill their obligations due to events beyond their control. These events include, but are not limited to, natural disasters, government actions, fires, floods, epidemics, strikes, shortages, severe weather, power outages, internet or telecommunications failures and similar situations. In such cases, neither party will be liable for any losses or damages, whether direct, special or consequential.

16. INDEMNIFICATION

16.1. You agree to protect and compensate the Company, its officers, directors, employees and other affiliates from any claims, losses or legal costs, including legal fees, that may arise due to Your violation of these terms, Your conduct or the actions of others acting on Your behalf. This includes any claims related to Your Use of the Site or the services provided by the Company, as well as any services You provide to Users through the Site.

16.2. You further agree to protect the Company from any damages, costs or legal issues resulting from actions such as medical negligence, misconduct or inappropriate behavior by You or Your staff, as well as any issues related to the services provided through the Site. If You provide misleading or fraudulent feedback that harms the Company or its Users, You will also be responsible for compensating the Company for any resulting losses or damages.

16.3. Additionally, You agree to defend and indemnify the Company and its affiliates against any claims or costs arising from Your Use of the System, breach of this Terms and Condition, unauthorized access or any misconduct on Your part.

18. LIMITATION OF LIABILITY

18.1. The Company is not responsible for any direct or indirect damages caused by the Use or inability to Use the Site or Services. This includes mistakes, interruptions, delays, errors or unauthorized access to the Site. Additionally, the Company is not liable for any errors in bank account details provided by the Practitioner or for comments or feedback from Users.

18.2. The Company is not liable for any damages caused by actions of the User or patient and it assumes no responsibility for how User information is Used by the Practitioner. The Practitioner is responsible for complying with applicable laws related to the use of the Site and Services.

19. ASSIGNMENT

19.1. You agree that the Company may transfer or assign this Terms and Condition, along with the Site and Services, to any related or third-party entity without Your consent. The new entity will automatically assume the Company's responsibilities under this Terms and Condition.

19.2. You are not allowed to assign, transfer or sublicense this Terms and Condition to anyone else and any attempt to do so will be considered invalid.

20. THEFT OF PRACTITIONER SERVICES

20.1. You must immediately notify the Company in writing through the Contact Us form on the Site if Your content is stolen or if Your Practitioner account is being misused or used fraudulently. Provide Your account details and a detailed description of the issue. Failing to report promptly may result in service termination and additional charges.

20.2. You will be responsible for any misuse or fraudulent Use of Your account and for any resulting loss or harm. The Company will not extend service periods or waive fees due to theft or fraud, including modem or wireless hijacking. No refunds will be issued for fraud caused by Your negligence or that of authorized Users

21. MISUSE OF PRACTITIONER SERVICES

21.1. The Company may restrict, suspend or terminate a Practitioner's account for misuse or abuse of services. Misuse includes creating false or multiple profiles, violating intellectual property rights, breaching terms and conditions or engaging in behavior deemed inappropriate by the Company. The Company may also terminate accounts of repeat offenders who continue to violate the terms even after warnings

22. VIOLATIONS OF SYSTEM OR NETWORK SECURITY

22.1. The Practitioner agrees to act professionally and ethically while Using the Site and Services, providing full cooperation as required by the Company. Any violation of the Site’s security, such as introducing viruses, hacking, unauthorized data monitoring or interfering with others' Use of the Site, is prohibited. These actions can result in criminal and civil liabilities and the Practitioner may be denied access to the Site.

22.2. The Practitioner also agrees not to Use any device or software that interferes with the Site’s proper functioning or disrupts other Users' experiences. The Company reserves the right to take necessary actions, including claiming damages for any violations or involvement in attacks like DoS/DDoS (Distributed Denial of Services). The Practitioner’s actions, whether intentional or not, can result in penalties and legal consequences.

23. SEVERABILITY

23.1. If any part of this Terms and Condition is found to be invalid, unlawful or unenforceable, that part will be removed. The remaining sections will remain valid and enforceable as permitted by law.

24. WAIVER

24.1. If the Company waives any breach of this Terms and Condition by the Practitioner, it does not prevent the Company from taking action for any future breaches of the same or other terms. Such a waiver will not be considered as a waiver for subsequent breaches.

The Practitioner hereby acknowledges, understands and agrees that by affixing their signature on this Terms and Condition and/or any other document, form or Terms and Condition provided by the Company in relation to the Site or Services, they are formally and irrevocably agreeing to all terms and conditions stated herein. The Practitioner further recognizes that this signature constitutes a legal, binding commitment, carrying the full force of law and signifying their voluntary consent to be bound by the obligations, duties and rights stipulated in this Terms and Condition. The Practitioner affirms that they have read, understood and accepted the terms and that their signature represents their intention to enter into a binding contractual relationship with the Company