1. DEFINITIONS
1.1. “Company” shall refer to Dr. Foot, a division, brand, or legal entity duly registered under the laws of India, having its principal office at [Insert Address], which operates the digital platform (“App”) facilitating medical and paramedical services.
1.2. “Nurse” or “Service Provider” shall mean any individual registered with the App, possessing verifiable nursing qualifications and licensure, who undertakes service appointments for clinical dressing, medical pedicure, or ancillary healthcare functions via the platform.
1.3. “Patient” or “User” shall mean the recipient of the services booked through the App, either at their home or at an affiliated centre.
1.4. “Engagement” refers to the conditional and non-exclusive association between the Company and the Nurse, governed solely by the provisions herein.
2. ELIGIBILITY AND CREDENTIALING
2.1. The Nurse must possess and maintain throughout the term of engagement the following:
- A valid diploma or degree in General Nursing and Midwifery (GNM), ANM, B.Sc. Nursing, or equivalent;
- Training certificate from Meda Institute of Podiatry;
- A minimum of one (1) year of clinical experience in wound care or general nursing;
- A valid government-issued identity proof and address proof;
- If requested, a medical fitness certificate and police clearance certificate.
2.2. The Company reserves the unfettered right to verify, reject, suspend, or terminate the Nurse’s profile, registration, or activity on the platform at its sole discretion based on eligibility, misconduct, patient feedback, or regulatory non-compliance.
3. NATURE OF ENGAGEMENT
- The relationship between the Company and the Nurse shall be deemed that of an independent contractor, and nothing herein shall be construed as creating an employer–employee relationship, agency, partnership, joint venture, or any fiduciary capacity.
- The Nurse shall not represent themselves as an employee or agent of the Company under any circumstance.
- The Company shall not be liable to withhold or remit statutory deductions such as Provident Fund, ESI, or professional tax on behalf of the Nurse.
4. SERVICE ALLOCATION AND CONDUCT
4.1. The Company shall, subject to availability, assign service requests to the Nurse through the App, which the Nurse may accept or decline at their discretion.
4.2. Upon accepting a service appointment, the Nurse shall:
- Report punctually to the service location;
- Maintain professional behaviour and hygiene standards;
- Wear appropriate uniform and carry valid identification;
- Respect the privacy, dignity, and religious/cultural norms of the Patient;
- Use only the materials and methods specified by the Company or Patient’s doctor.
4.3. The Nurse shall strictly refrain from the following:
- Performing any procedures outside the prescribed scope;
- Offering unsolicited medical advice or alternative therapies;
- Soliciting or accepting bribes, gifts, or personal tips from Patients;
- Sharing personal contact details or accepting private service requests outside the App.
5. PAYMENTS AND COMPENSATION
- The Nurse shall be remunerated per successfully completed service, the amount of which shall be displayed on the App or communicated via official Company channels.
- The Company shall endeavour to disburse payment to the Nurse’s registered bank account within 7 business days of completion and confirmation of service.
- Payments shall be subject to applicable deductions, if any, such as TDS under Section 194J or 194C of the Income Tax Act, or platform service fees as agreed.
- The Company shall not be liable for non-payment due to:
- Failure to complete the service;
- Patient complaints verified as credible;
- Submission of false data or violation of any provision of this Agreement.
- The Nurse shall be solely responsible for income tax filings and liabilities arising from such earnings.
6. LIABILITY AND RISK DISCLAIMER
6.1. The Nurse acknowledges and agrees that services are performed at their own risk and volition, and the Company shall bear no responsibility whatsoever for any harm, loss, injury, theft, accident, or unlawful activity encountered:
- While commuting to or from the Patient’s premises;
- At the Patient’s residence, centre, or location of service;
- During interaction with the Patient or third parties at the service location.
6.2. The Company shall not be held vicariously or directly liable for:
- Any civil, criminal, or medical negligence arising from the Nurse’s conduct;
- Loss or damage to Nurse’s personal property;
- Bodily harm sustained during travel or service.
6.3. The Nurse is advised to take appropriate personal health, travel, and liability insurance at their own cost.
7. CONFIDENTIALITY AND DATA PRIVACY
- The Nurse shall maintain strict confidentiality with respect to all patient information, medical history, images, contact details, and any data received during the course of service.
- The Nurse shall not, without express prior written consent of the Company, disclose, copy, store, transmit, or use any patient or Company data for any purpose beyond the scope of service.
- Breach of confidentiality obligations shall entitle the Company to terminate this Agreement forthwith and seek damages, injunctive relief, and legal remedies.
8. MATERIALS, KITS, AND EQUIPMENT
- The Nurse shall be provided with standard dressing kits or service equipment, which shall be used solely for designated appointments.
- Any misuse, loss, damage, or unauthorized retention of such materials shall render the Nurse liable for replacement cost and/or penal deduction from service remuneration.
- The Nurse shall not use expired, unauthorized, or substitute products without prior written instruction.
9. TERMINATION AND SUSPENSION
- The Company may, without notice and without assigning any reason, suspend or terminate the Nurse’s access to the App or engagement under the following circumstances:
- Proven or alleged misconduct;
- Breach of these Terms or applicable law;
- Patient complaints indicating professional or ethical lapses;
- Inactivity or repeated cancellation of services;
- Submission of fraudulent documents or misrepresentation.
- The Nurse may voluntarily deactivate their profile upon thirty (30) days’ prior written notice, subject to settlement of any outstanding dues, kits, or unresolved claims.
10. INDEMNITY
The Nurse hereby agrees to fully indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from any and all claims, losses, liabilities, penalties, damages, costs, and legal expenses (including reasonable attorney’s fees) arising out of or related to:
- Breach of any clause herein;
- Violation of applicable laws, medical ethics, or patient rights;
- Acts of gross negligence, wilful misconduct, or unauthorized procedures;
- Claims instituted by Patients or third parties for personal injury, data misuse, or malpractice.
11. DISPUTE RESOLUTION AND JURISDICTION
- In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, the parties shall first attempt to resolve such dispute amicably through negotiation within fifteen (15) days.
- Failing amicable resolution, the dispute shall be submitted to arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually by the parties. The venue of arbitration shall be Hyderabad, and the language shall be English.
12. GENERAL PROVISIONS
- These Terms constitute the entire understanding between the parties and supersede any prior oral or written agreements.
- No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.
- The invalidity or unenforceability of any provision shall not affect the remaining provisions, which shall continue in full force.
- These Terms may be amended, modified, or revised by the Company at any time without prior notice. Continued use of the platform by the Nurse shall constitute acceptance of the amended terms.