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The Terms and Conditions for Institutions (“Agreement”) is executed on the day of acceptance of the terms and conditions by the Institutions shall be deemed to be accepted if not communicated otherwise within 72 hours.

IFAN Flex Pvt. Ltd., a company incorporated under the Companies Act, India & having its corporate office at 3rd floor, Plot 89, 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 authorized representatives, assigns and successors) of the FIRST PART;

AND

The Institution using the platform/application, of the Company (hereinafter referred to as “Institution/You/Your/Client”, 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)

WHEREAS:

  1. The Company has designed & developed AND owns, operates and provides an independent online platform (“App/Platform/Website”) for Institutions to post their requirements for independent work assignments or permanent job postings in healthcare sector (“Assignment”) directly on the App as per its requirements from time to time to take the services of healthcare professionals (“Professionals”) on limited working hours basis and of intermittent nature or for job postings of permanent nature and Professionals may take up such Assignment directly from the Institutions independently as per their meeting qualifications and other criteria and subject to discretion of the Institutions. The Professionals will respond against the work requirement offers posted by the Institutions as per their need. Company shall act as a facilitator w.r.t. the App and shall only be obliged either against the Institution or the Professional to. make available the App subject to terms and conditions under this Agreement or the Terms of Use; i.e. the Company’s Services.
  2. The Institutions have agreed to be bound by the terms and conditions of Jobizo. A copy of this Agreement has been sent to your registered e-mail ID as a token of your acceptance of all the terms and conditions of this Agreement unconditionally.

NOW, THEREFORE, expressly incorporating the foregoing recitals as part of the consideration hereof, the Company and the Institutions hereby agree as follows:

DEFINITIONS:

“Acceptance” shall mean and include your unconditional consent to the Agreement by clicking on the box – “Accept” at the time of Registration.

“Job Posting” shall mean and include the Assignment posts/advertisements/Opportunities posted by the Institutions on the Platform.

“App/Platform/Website” shall mean and include the technology platform “JOBIZO”, available at www.jobizo.com and the dashboard, the mobile application and any other online or media platform including the software thereof; wholly owned, developed and controlled by the Company and which shall be used by You to post Job Posting for an independent Assignments.

“Booking” shall mean & include the booking of the Assignment by the Professional against the Advertisement.

“Subscriber” shall mean & include the Professionals and You 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.

 “Terms of Use” shall mean and include the terms and conditions under this Agreement as well as any other specific terms of use or condition as appended to the App/Platform/Website.

“Professional’s Services” shall mean and include the healthcare services to be provided by the Professionals to the Institutions w.r.t. the Assignments posted on the App.
“App User Fees” shall mean the fees applicable to Client for using Jobizo’s Platform services for any type of recruitment whether  through the online platform or otherwise.

“Credit Limit” shall mean the maximum amount set by the Company for the Institution for Job Posting.

SCOPE:

  1. You hereby have agreed to the Agreement and the Terms of Use of the App and Company’s Services and on completion of the Registration process successfully, You shall become an online registered Subscriber of the App having your own online Account and subject to the terms and conditions of the Agreement, You may use the App for Job Posting in order to avail the Professional’s Services independently.
  2. You agree that Company’s role is and shall be 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 for your sole benefit.

USE OF APP:

  1. After creating the Account and submitting all the necessary and required documents and information on the App, your credentials and other information thereof, your Account shall be proceeded with activation. Once the Account is successfully activated, You may be able to use features of the App and shall be able to post Job Posting including location/time period and work hours (“Work Hours”) etc. or a job of permanent nature, as required by You, which shall be used by the App to notify suitable Job Postings to Professionals. Subject to your activated Account, You will be able to accept the Booking i.e. the request of Professionals w.r.t the Job Postings as posted by You on the App if the same suits your requirements. The Job Posting may be notified to Professionals via electronic means or be available on the App.
  2. Subject to meeting the requisite criteria, You may accept the Booking and once the Booking is confirmed, You will be obliged to take interview of the Professional and should be suitably available either for virtual interview or at your job location or any other place as mentioned in the Job Posting for interview by You. After successful interview, You shall confirm the Assignment to Professionals vide online automatic acceptance notification triggered by You and thereafter, from the specified date and location as per the Job Posting or as notified subsequently in accordance with this Agreement. Professionals shall be required to reach accordingly and start taking up the Assignment accordingly.
  3. Successful completion of the Assignment will entitle Professionals for the Remuneration from You and the Company shall have no liability towards Professionals or You, of any kind, for the same. If Assignment is of permanent nature, the Professionals shall be entitled to the Remuneration per month in accordance with the Job Posting.
  4. You and the Professionals may agree for any location other than the location posted in the Job Posting or for any additional work hours (“Extended Hours”) (if the Assignment is not of permanent nature) , however, You will not give any Remuneration in cash or directly in Professionals Account by yourself and such an event may be treated as a breach of this Agreement. For clarity, it is understood that in any event, no Remuneration shall be given to the Professionals directly or in cash. Such different location/additional work hours or new assignment must be duly amended or notified to the Company on the Platform and Remuneration thereof shall be made in accordance with this Agreement only. If You propose or think of converting any Assignment for Work Hours into a job of permanent nature, you will duly intimate the Company and the terms and conditions shall be deemed to be amended accordingly. Any breach or direct engagement by You with the Professionals, whether for the Job Posting or any future independent assignment or for making the Assignment of permanent nature, shall be termed as material breach by You which may lead to immediate termination of this Agreement. Extended Hours or converting the Assignment into permanent nature, in any event, shall have to be duly updated and approved in the App. It is clarified and unconditionally accepted by the Institution that Extended Hours, if extends beyond the hours of job posted, will be treated as original Assignment and it shall be deemed to be the repetition of the original Assignment’s Work Hours and therefore, the Works Hours thereunder shall be taken and counted for the purposes of the App User Fees and if it relates to converting the Assignment into permanent nature, App User Fees shall be charged accordingly.

 

TERMS AND CONDITIONS:

  1. The terms and conditions under this Agreement including Terms of Use of the Assignment/App/Company’s Services shall be available on jobizo.com or the App available on Google Play, Windows Store or Apple Store or any other online platform, including amendment/modification thereof and shall form an integral part of this Agreement and You shall be deemed to have read and agreed with the latest and current Terms of Use at all the times. In case You do not agree or have objections to any future amended Terms of Use, You may raise your grievance and reasons of objections within 7 days of publication of such amended Terms of Use, failing which it shall be deemed and recorded as your unconditional acceptance on the same.  If any objection is raised on Terms of Use, You may delete the Account and the Agreement shall be deemed terminated forthwith. However, in the event You wish to log in and revive the Agreement Again, You may reactivate the Account and your relation with the Company shall be governed by this Agreement only subject to updated Terms of Use, if any, and You shall be deemed to have duly accepted the Terms of Use and the Agreement thereof.
  2. When You use the Platform, it will be subject to the Agreement & Terms of Use. Company may update these Terms of Use from time to time and will endeavor to notify You of such changes at the earliest however, once available and notified on the App, it shall be the sole duty of the Institutions to keep it updated on the updated/amended version of the Terms of Use. You must ensure that You read the Terms of Use and any updated version thereof, before proceeding to use the Platform or the Company’s Services, as the case may be.
  3. Professionals shall be rendering their Services as an independent consultant and they will be fully entitled to continue with their earlier or existing employments or any kind of professional engagement whether past, present or future unless You have reservations against the same. However, it shall be their sole responsibility to ensure that the Assignments shall not be in conflict with Professional’s other engagements or employments and they shall alone be liable for any consequence in such event.
  4. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder 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.
  5. Company disclaims and shall disclaim all representations and warranties to the App, Job Posting/ Assignments and Professional’s Services or the Professional itself, 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.
  6. 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.
  7. Any personnel deployed at the Institution through Jobizo, irrespective of whether the Client knows the professional before or after their assignment, will be deemed to be deployed through Jobizo. Therefore, the Company shall have the authority to charge App User Fees from the Institution for such deployments. The App User Fees shall be at the Company’s discretion and may be levied based on factors such as the duration of the deployment, the number of personnel deployed, and the nature of the Assignment. The Institution shall be liable to pay such App User Fees, failure to pay the convenience App User Fees within the specified timeframe shall result in the Company suspending the services provided by the personnel to the Institution and Institution’s access to the Platform until the payment is made.
  8. The Professional shall commute with his/her own transport to and from work related to the Assignment. If a professional asked for transportation, the Institution must be notified and in its own discretion, the Institution may accept or reject the Professional’s request. In no event, any Extended Hour will extend beyond 10 PM in any manner except if the job has been posted for the night shift. In any event, if the Working Hours extend beyond 8 PM in general or if any Work Hours goes beyond 10 PM (where the 10 PM was the end of the Work Hours) on any day w.r.t. any Assignment, whatsoever, the security, food on that day and travel to the Professional’s home from the Institution shall be the sole responsibility of the Institutions on its own cost. For female Professionals, the deadline shall be 8 PM which cannot be breached in any manner.

PAYMENT:

  1. Subscription would be as per the current policy of Jobizo, however, this may be revised in future subject to discretion of the Jobizo. On successful completion of Assignment by the Professionals including monthly remuneration for a job of permanent nature, as the case may be, payment of App User Fees for Professional’s Services (“Remuneration”) shall become due on your account and the Remuneration shall be paid by You to the Professionals in the manner as specified under Annexure A. The Company is merely a facilitator providing the online marketplace services and the App is only a platform where You shall post Job Posting upon execution of the Agreement, App User Fees and registration and acceptance by of the Agreement.

LICENSE AND INTELLECTUAL PROPERTY:

  1. 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 You and only for the purposes of Job Posting and shall not be used in any other manner.
  2. 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.
  3. 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.
  4. 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:

  1. The Agreement shall be in force and valid unless terminated by either party. If Agreement is terminated in between any ongoing Assignment, You shall be bound to let the Professional complete the said Assignment and the Agreement shall be deemed to be concluded only after successful completion of such Assignment for all practical purposes. 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 is raised by the Professionals against the Institutions, it 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.

PERSONAL DATA PROTECTION:

  1. 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.
  2. 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.
  3. You further understand, covenant and consent that the App has certain features or functionality that it will collect or be dependent on data related to your geographic location (“Location Data”). If You wish to use the App and its services, You agree to provide or to make your Location Data accessible to the App/Company. To the extent that the App/Company collects Location Data, the same will be used in accordance with the Privacy Policy of the Company as available in the App. If You do not provide or make such Location Data accessible, then the functionality of the App or the Company’s Services may be limited or not operate. The Location Data will include the real-time geographic location of your device or computer that You attempt to locate using the App and You hereby agree and consent to the Company’s/associates’ and licensor’s collection, use, transmission, processing and maintenance of such Location Data to provide Company’s Services. In addition, by enabling and or using any location-based services or features provided through the App, You agree and consent to the Company/associates and licensees collecting, using, processing and maintaining information related to your account, and any devices or computers registered thereunder, for the purposes of providing such location-based services or features to You. Such information may include, but is not limited to, your account ID and name and information thereof, device and/or computer ID and name, device and/or computer type and geographic location of your device and/or computer. You can withdraw your consent at any time by terminating the Agreement.
  4. Company stores and processes your information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as Company’s policy. If You object to your information being used in the manner prescribed by law or under Company’s Policy, You should terminate this Agreement with immediate effect while deleting your Account forthwith.

INDEMNITY:

  1. You hereby undertake to indemnify and hold harmless the Company 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 in relation to the performance or non- performance or breach by You in this Agreement. The Company shall not be liable to You or the Professionals for any matter arising out of this Agreement. Parties shall not be liable for any indirect or consequential losses in any manner.

DISPUTE RESOLUTION:

  1. 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 or the Parties shall approach Delhi International Arbitration Center for institutional arbitration with single arbitrator. 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.

FORCE MAJEURE:

  1. Any delay in or failure to perform any obligations by either party under the 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:

  1. 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

  1. After successful completion of Assignment by the Professionals, Remuneration shall become due on your Account and the Remuneration shall be paid by You to the Professionals through the Company either through the invoice to be raised by the Company or through the e-wallet /bank account/ wallet or any payment facility (“Wallet”) if maintained by the Company in this regard and as intimated to You.
  2. Institution will make the payment to the Company basis the invoice post deduction of applicable taxes. Company shall attach Professional’s Fees invoice, as raised on the Institution, along with the invoice of Company’s commission fees/ facilitation fees; for reimbursement of Professional Fees from the Institutions.
  3. TDS on the doctor/nurses services shall be deducted by the Company and will be deposited against the PAN of those doctors / nurses.
  4. TDS shall not be deducted on commercial debt note (“Reimbursement Amount”) by Institution.
  5. TDS on Facilitation /Convenience of the Company will be deducted @2% u/s 194H by the Institutions or as per applicable law from time to time.
  6. The Company will establish a Credit Limit for the Institution at its sole discretion and may change it from time to time. Once the Credit Limit is exhausted, You shall not be eligible to post any Assignment on the Company’s Platform until You clear all the due
    1. Company will charge a convenience fee for locum services on hourly basis, and clients will pay applicable taxes in addition to it.
  7. For Locum Services Company shall raise Invoices in every fifteen days, whereof the Institution shall clear all the payments under the invoice within (Seven) 7 days of receipt of the invoice.
  8. For all invoices including (Locum Services and Permanent Hiring Services), the payment can be no later than 7 days after receiving the invoice by the Client. Late Payment fees would be subjected to an additional payment of 18% of the total invoice value and will be incurred for every (Seven) 7 days thereafter.
  9. If any Assignment, after acceptance by the Professionals or being confirmed anyhow, is cancelled by the Institution, Institutions shall be liable to pay, without dispute or demur, w.r.t. such Assignment; the Fee in the manner herein provided
  10. If cancelled within 48 hours: No compensation to be paid
  11. If cancelled beyond 24 to 48 hours: 50 % of the Fee amount w.r.t the said Assignment/Job.
  12. If cancelled beyond 24hours: The entire Fee amount w.r.t the said Assignment/Job.

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