These Terms and Conditions ("Terms") govern your use of the Shift healthcare workforce management platform ("Platform") operated by Shift Healthcare Solutions ("Company," "we," "us," or "our"). By accessing or using our Platform, you agree to be bound by these Terms.

1. Definitions

• "Platform" means the Shift mobile application and web platform for healthcare workforce management
• "Healthcare Professional" means registered medical practitioners, nurses, technicians, and other qualified healthcare workers
• "Healthcare Facility" means hospitals, clinics, nursing homes, and other medical institutions
• "Shift" means temporary work assignments posted by Healthcare Facilities
• "User" means any person or entity using the Platform

2. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

3. Eligibility

3.1 Healthcare Professionals

• Must be at least 18 years of age
• Must hold valid registration with appropriate Indian medical councils (MCI, INC, etc.)
• Must possess valid professional licenses and certifications
• Must provide accurate professional credentials and documentation

3.2 Healthcare Facilities

• Must be legally registered healthcare institutions in India
• Must possess valid licenses from appropriate authorities
• Must comply with applicable healthcare regulations

4. Platform Services

4.1 For Healthcare Professionals

• Browse and apply for available healthcare shifts
• Manage professional profile and credentials
• Communicate with Healthcare Facilities
• Track earnings and work history

4.2 For Healthcare Facilities

• Post temporary staffing requirements
• Search and select qualified Healthcare Professionals
• Manage facility profile and requirements
• Process payments for completed shifts

5. User Obligations

5.1 General Obligations

• Provide accurate, current, and complete information
• Maintain the confidentiality of account credentials
• Notify us immediately of any unauthorized access
• Comply with all applicable laws and regulations
• Use the Platform only for lawful purposes

5.2 Professional Standards

• Healthcare Professionals must maintain professional conduct and ethical standards
• All medical practice must comply with Indian Medical Council regulations
• Maintain patient confidentiality as per Indian healthcare laws
• Report any safety concerns or incidents promptly

6. Employment Relationship

The Platform facilitates connections between Healthcare Professionals and Healthcare Facilities. We are not a party to any employment relationship, contract, or agreement between users. All employment terms, including compensation, working conditions, and legal obligations, are solely between the Healthcare Professional and Healthcare Facility.

7. Payment and Fees

7.1 Platform Fees

• We may charge service fees for Platform usage
• Fees will be clearly disclosed before any transaction
• Payment processing may involve third-party services

7.2 Compensation

• Compensation for shifts is determined by Healthcare Facilities
• Payments are processed according to agreed terms
• Disputes regarding payment should be resolved between parties

8. Intellectual Property

The Platform, including all content, features, and functionality, is owned by the Company and protected by Indian and international copyright, trademark, and other intellectual property laws. Users may not copy, modify, distribute, or create derivative works without explicit permission.

9. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, which complies with the Information Technology Act, 2000, and the Personal Data Protection Bill, 2023, explains how we collect, use, and protect your information. By using the Platform, you consent to our data practices as described in the Privacy Policy.

10. Prohibited Activities

Users must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Post false, misleading, or fraudulent information
• Engage in any form of harassment or discrimination
• Attempt to gain unauthorized access to the Platform
• Use automated systems to access the Platform
• Interfere with the Platform's operation or security

11. Content and User-Generated Content

11.1 User Content

Users are responsible for all content they submit, including profile information, reviews, and communications. By submitting content, you grant us a non-exclusive, royalty-free license to use, modify, and display such content for Platform operations.

11.2 Content Moderation

We reserve the right to review, moderate, or remove any user content that violates these Terms or applicable laws.

12. Platform Availability

While we strive to maintain continuous service, we cannot guarantee uninterrupted access to the Platform. We may temporarily suspend or restrict access for maintenance, updates, or due to circumstances beyond our control.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.

15. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from your use of the Platform, violation of these Terms, or infringement of any rights of third parties.

16. Termination

16.1 Termination by Users

You may terminate your account at any time by contacting our support team.

16.2 Termination by Company

We may suspend or terminate your account if you violate these Terms or engage in prohibited activities. We reserve the right to terminate accounts at our discretion with reasonable notice.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes arising from these Terms or use of the Platform shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

18. Dispute Resolution

18.1 Informal Resolution

We encourage users to contact us directly to resolve any disputes informally before pursuing formal legal action.

18.2 Arbitration

Any disputes that cannot be resolved informally shall be settled through binding arbitration under the Arbitration and Conciliation Act, 2015, conducted in New Delhi, India.

19. Compliance with Healthcare Laws

All users must comply with applicable Indian healthcare laws, including:

• Indian Medical Council Act, 1956
• Drugs and Cosmetics Act, 1940
• Clinical Establishments (Registration and Regulation) Act, 2010
• Biomedical Waste Management Rules, 2016
• Mental Healthcare Act, 2017

20. Modifications to Terms

We may update these Terms from time to time. Changes will be effective upon posting the updated Terms on the Platform. Continued use of the Platform after changes constitutes acceptance of the new Terms.

21. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Platform.