This Platform User Agreement (“Agreement”) is executed on the day of acceptance of the terms and conditions and this Agreement by the Professional and shall be deemed to be executed at Gurgaon by and between:
IFAN Flex Pvt. Ltd., a company incorporated under the Companies Act, India & having its corporate office at Plot No. 89, 3rd Floor, Sector 44, Gurugram- 122003, Haryana (hereinafter referred to as the “IFAN/ Company/Jobizo”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its authorised representatives, assigns and successors)
The customer 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, authorised representatives and successors)
(Reference to male and female may be read interchangeably as the context requires)
- The Institutions post /shall post and advertise their requirements for Professionals i.e. the Job Posting for particular time period on the App (“Assignment”) and accordingly, You may take up such Assignment directly from the Institutions independently as per your meeting qualifications and other criteria and subject to discretion of the Institutions.
- On acceptance of this Agreement, You have agreed to be bound by the terms and conditions of this Agreement. A copy of this Agreement has been sent to your registered e-mail ID after your acceptance of all the terms and conditions of this Agreement unconditionally.
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.
“Institutions” shall mean and include hospitals/healthcare institutions.
“Job Posting” shall mean and include the Assignment posts/advertisements/Opportunities posted by the Institutions on the App.
“Assignments” shall mean and include the independent work Assignments /Opportunities availed by the Professionals/You against the Advertisements posted by the Institutions on the App.
shall mean & include the application of the Assignment of the Institutions against the Advertisement.
“Subscriber” shall mean the Professionals 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.
“Your Services” shall mean and include the healthcare services to be provided by You /Professionals to the Institutions w.r.t. the Assignments posted on the App.
- You agree that Company’s role is limited to managing and operating the App as a market place solely for the display of the Job Posting of the Institutions and simply facilitating the Assignments /Job Posting of the Institutions for your sole benefit.
USE OF APP/PLATFORM:
- After creating the Accounting and submitting all the necessary and required documents and information on the App, your credentials and other personal information Account shall be verified by the Company either through itself or through third party and only after successful verification, your Account shall become active and valid. This process and verification may take upto 10 days or more subject to circumstances for proper verification of your credentials, documents and other data.
- Once the Account is successfully validated, you may be able to use features of the App and shall be able to post/input your availability for jobs including location/time period etc. which shall be used by the App to notify suitable Job Postings to You. Subject to your valid and approved Account, You will also be able to book any Job Posting of the Institutions as available on the App which suits your credentials. The Job Posting may be notified to You via electronic means or be available on the App and as per your suitability and You may apply for such Job Posting.
- Subject to meeting the requisite criteria, the Institutions may accept your Job Application and once the Application is confirmed, You will be obliged to either be available for virtual interview or reach the Institutions’ job location or any other place as mentioned in the Job Posting for interview with the Institutions. After successful interview, the Institutions shall confirm the Assignment to You and on the specified date and location as per the Job Posting or notified subsequently, You shall be required to reach the same without delay. You understand that approval of your Job Application does not guarantee of the Assignment and the same shall be completely on the discretion of the Institutions including your availability on the requisite date and other reason as solely determined by the Institutions.
- Subject to acceptance of the Assignment after successful completion if the interview by the Institutions, You will have a confirmed Assignment and successful completion of which will entitle You for the Remuneration from the Institutions and the Company shall have no liability towards You or the Institutions, of any kind, for the same.
- however, You will not accept any Remuneration in cash or directly in your Account from the Institutions and such an event may lead to legal action against You. Such different location/additional work hours or new assignment must be duly amended or notified to the Company in the App and Remuneration thereof shall be made in accordance with this Agreement only. Any breach or direct engagement by You with the Institutions, whether for the Job Posting or any future independent assignment, shall be termed as material breach by You which shall lead to forfeiture of all the due Remunerations including other dues if any, along with permanent blacklisting/removal of your Account and appropriate legal action. Extended Hours, in any event, shall have to be duly updated and approved in the App.
TERMS AND CONDITIONS:
- 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 Institutions 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, 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 Institutions.
- 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.
ACCEPTANCE OF TERMS:
- The Company reserves the right to conduct reference checks and background investigations on the Professional. Assignment is contingent to the successful completion of personal and professional references and background verifications and in the event such reference and background check is conducted, a one-time minimal amount of Rs. 200 or such amended minimal fees as determined from time to time, shall be paid by You which shall be deducted from the first payment by the Institutions against Your Services. By agreeing with this Agreement, You consent to all such background investigations and reference checks that would be carried out in relation to the Assignment. Further, You also understand and agree that incase of any false or inaccurate information provided by the Employee, non-disclosure of relevant and material information or unsatisfactory reference/Background Verificationreport, Assignment will stand terminated forthwith.
- In consideration of your use of the App, You agree:
- To provide true, accurate, current and complete information about yourself and as prompted in order to generate the login credentials.
- To the responsibility of ensuring that You meet the required qualification while opting for the Account.
- To maintain and promptly update your login credentials to keep it true, accurate, current and complete.
- And acknowledge that the App is not responsible to ensure that a Professional conform to the eligibility criteria.
- That the Company is not responsible for any consequence that arises as a result of any unauthorised misuse of any kind in the App or related services.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the App including holding payments if due.
- Professional may access the App and subscribe to the Services only for their personal use. The Platform as a whole, is owned exclusively by the Company. Professional acknowledges that App is providing them with a revocable, limited, non-exclusive, and non-transferable license to use the features of the App. Once logging into the App as a regular user, You are entitled to view App’s limited free content as a demo of the offerings. Professional will get access once they enroll as a Subscriber. Professional are advised to review this free content before taking the decision to proceed to subscribe to the Services as a Subscriber.
- You are entirely responsible for maintaining the security and confidentiality of your Account as well as the login credentials to the Account or the App.
- The Company shall not be liable for any loss that a Professional may incur because of any issue arising out of use of App or matters relating thereof.
- Initially, the Subscription for You shall be free however, this may be revised in future subject to discretion of 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 Institutions 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 Institutions or You in any manner whatsoever irrespective of the fact that the Institutions have denied to take Your Services after initial confirmation. The Institutions and You shall be solely responsible for such cancellations.
PROFESSIONAL’S REPRESENTATIONS & WARRANTIES:
- You hereby covenant and state that You understand that You shall not become an employee of the Institutions 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 Institutions are under no obligation to offer You any future Assignment and the Institutions 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 Institution directly and independently for the requirements of the Assignments. You shall be bound by the leaves/overtimes or any other policy or other condition of the Institutions or as mentioned in the Advertisement 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 Institutions 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 Institutions, 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 of the Institutions and as published in the Job Posting.
- You represent and warrant that there does not exist any kind of restriction whatsoever in your existing or past or proposed engagement/employment/association etc. with any other person/third party, whether deemed or actual, which bars You or restrict You in rendering Your Services under the Assignment in any manner and You shall be solely liable for any consequences thereof.
- You shall be required to comply with all reasonable instructions issued by the Institutions so as to facilitate the proper performance of Your Services.
- If You cancel your accepted Assignment more than three times in any quarter of the year then You shall be blacklisted and your Account will be terminated permanently or suspended, on discretion of the Company, to use the App.
- 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 Institutions. You recognise that the Institutions’ 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 Institutions and shall not be used for unauthorised or personal purposes or any other unofficial reasons and shall be returned to the Institutions forthwith upon the conclusion of the particular Assignment.
- You will not represent or sign any legal documents on behalf of the Institutions or the Company and shall not represent yourself as representative of or associated with the Company in any manner.
- The Assignment being intermittent in nature and independent services, You understand and covenant that you will not be entitled to any statutory benefit from Institutions which the employees of the Institutions are entitled to including ESI/EPF etc. and you hereby expressly waive off all or any rights and claims thereof, if any.
- You shall inform the Company and Institutions of any change in personal information provided by You as soon as possible and not later than 3 working days of such change including updating the data on the App thereof.
- 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 Company’s discretion; upon happening of the following events:
- Professionals leaving any shift/Assignment abruptly (non-completion of the Work Hours).
- Any report of disciplinary misconduct or other serious allegations by the Institution.
- Any kind of negligence in Your Services.
- Any error in providing medication.
- Professionals leaving their shift/assignment without proper handover to another Professional.
- 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 Institutions 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 Institutions 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 Institutions shall have direct access to your KYC and Documents and no permission shall be required by the Institutions 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.
LICENSE, CONFIDENTIALITY AND INTELLECTUAL PROPERTY:
- Subject to Professional’s compliance with the terms and conditions of this Agreement at all times, the Company grants license for a limited, non-exclusive and non-transferable right to remotely access and use the App only by the Professional and only for the personal use and for no commercial use in any manner. You shall not (i) attempt to modify the App or derive its source code; (ii) create any programming code, scripts or application that will attempt to access App interfaces and stored data; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the App or rights thereto; (iv) publish, or otherwise make available to any third party, any benchmark information or testing results; (v) share the App or any parts thereof with any commercial or non-commercial organisation as a part of other products or as a component of this Agreement.
- All right, title and interest, including without limitation, all intellectual property rights in and to the App shall remain the property of the Company at all times. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the Company’s ownership and rights with respect to the App. The Company will be the owner of all data or information and its authorised users and stored within the App.
- From time to time during your association hereunder, You may be exposed to or shared with the Confidential Information of the Company and in reference to the same, the Company considers and You agree that the restraints set forth in this Agreement against non-disclosure of confidential information are necessary for the reasonable protection of interest of the Company of its business or the business of the group companies, the clients thereof or affairs thereto. You shall not at any time, either during the continuance of or after the termination of your association with the Company, use, disclose or communicate to any person whatsoever any confidential information which you have or of which you may have become possessed during your association with the Company nor shall you supply the names or addresses of any clients, customers, vendors or agents of the Company to any person except as authorised by the Company or as ordered by a Court of competent jurisdiction. You agree that you will not at any time during the continuance of your association or on expiry or on termination/cessation of your association with the Company or thereafter, issue any statements to the press or third person (whether oral or written) which have not expressly been authorised by the Company or which may be detrimental to the interest of the Company. The obligations under this Clause shall survive the termination or expiration of this Agreement.
TERM AND TERMINATION:
- The Agreement shall be in force and valid unless terminated by either party. If Agreement is terminated in between any Assignment, You shall be liable for completing the Assignment and the Agreement shall be deemed to be concluded only after successful completion of such Assignment. The Agreement shall be deemed to be terminated forthwith the moment You delete your Account or the Company either suspends or terminates your Account. You hereby agree that any serious complaint/s by Institutions will be considered to be a material breach of the obligations by You for which the Company shall not be responsible in any manner and in such event, the Company may terminate this Agreement forthwith without any liability or assigning any reason thereof. The Company may terminate the Agreement at any time while removing and terminating the Account forthwith without any liability at all.
NATURE OF THE ASSIGNMENTS/OPPORTUNITIES/WORKS
- 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 Institutions.
- Also, the Assignment shall be for Your Services on independent assignment basis as per the need and requirement of the Institutions 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 Institution 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.
PERSONAL DATA PROTECTION:
- 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 hereby undertakes irrevocably and unconditionally to indemnify and hold harmless the Company and the Institutions and keep them indemnified at all times from all claims, damages, costs and expenses (including legal expenses) that may be incurred by them due to any act or error or omission by You or in relation to the performance or non- performance of Your Services or breach by him or any alleged breach of any of the undertakings, covenants, obligations, representations and warranties of the Professional as set forth in this Agreement or by virtue of law or equity. The right of the Company/Institutions and its affiliates to claim such indemnity is without prejudice to its other rights to terminate this Agreement or to claim any relief under law. Professional further covenants and agrees that any loss, claims, damages, costs and expenses (including legal expenses) that may be incurred/suffered by any person due to any act, error or omission by the Professional including any injury to health of any person, shall be the sole liability of the Professional in his individual capacity and shall be indemnified by him on his own without transferring any liability towards the Company/Institutions whatsoever. In the event, the Company/Institutions incur any loss or damage or claim w.r.t any third party, the Professional shall make the said loss or damage good to the Company/Institutions. The Company shall not be liable to You or the Institutions for any matter arising out of this Agreement.
- All disputes, controversies or differences which may arise between the Parties out of or in relation to or in connection with this Agreement or the breach thereof shall be amicably settled between the Parties subject to right of termination by the Company mentioned under this Agreement. In the event such amicable settlement mentioned hereinabove cannot be reached within thirty (30) days from such dispute being raised, such dispute, controversies or differences shall be finally settled by arbitration to be held only in New Delhi, as per the provisions of the (Indian) Arbitration & Conciliation Act, 1996 by a sole arbitrator to be mutually appointed by both the Parties. The arbitration proceedings shall be conducted in the English language. The results of the arbitration shall be final and the arbitration award shall be binding upon both Parties hereto.
- Any delay in or failure to perform any obligations by either party underthe Agreement shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”).
JURISDICTION & GOVERNING LAW:
- In relation to any legal action or proceedings arising out of or in connection with this Agreement, both the Parties irrevocably submit to the exclusive jurisdiction of the courts of Gurugram. This Agreement shall be governed by and construed in accordance with Indian law.
Electronically Accepted by You