TERMS OF USE

1. Introduction and Contract Formation

These terms of use (“Terms”) govern your access to and use of the Surgeon Search website and mobile applications (collectively, the “Platform”), owned and operated by SurgeonSearch, a proprietorship concern and having its office at Bengaluru.  (“Company”, “we”, “us”, “our”).

For the purposes of interpretation,

1. surgeons and other healthcare professionals are collectively referred to as “Candidates”), and
2. hospitals, clinics and other healthcare recruiters are collectively referred to as “Recruiters”

By accessing, registering on, or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Platform.

2. Eligibility and Account Registration

You confirm that you are:

1. at least 18 years of age; and
2. competent to contract under Indian law.

Additional eligibility:

Candidates: You represent that you are a qualified healthcare professional, duly registered and authorised to practise under applicable medical and professional regulations in your jurisdiction.

Recruiters: You represent that you are duly authorised to engage, hire or otherwise contract with Candidates on behalf of the relevant hospital, clinic or entity.

You agree to:

1. provide accurate, complete and up to date information during registration and profile creation. and
2. maintain the confidentiality of your login credentials and promptly notify us of any unauthorised use (surgeonsearch25@gmail.com)

You are solely responsible for all activities that occur under your account.

3. Nature of Services

The Platform enables:

1. Candidates to create and manage professional profiles, indicate preferences, and discover job or consulting opportunities in the healthcare sector; and
2. Recruiters to post requirements, search for Candidates, and connect with them for potential engagement.

The Platform is a digital intermediary and facilitator. It does not:

1. provide medical advice, diagnosis, treatment or telemedicine services.
2. employ or engage Candidates. or
3. guarantee placements, engagements, outcomes, or quality of services rendered by Candidates or Recruiters.

Any engagement, contract, or arrangement between a Candidate and a Recruiter is a separate, independent relationship governed by terms agreed directly between them. The Company is not a party to such arrangements and assumes no responsibility for obligations arising therefrom.

4. User Obligations and Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms and applicable law.

You shall not host, display, upload, modify, publish, transmit, update or share any content that:

1. belongs to another person and to which you do not have rights.
2. is defamatory, obscene, pornographic, paedophilic, invasive of privacy, or otherwise objectionable.
3. is harmful to children.
4. infringes intellectual property or other proprietary rights.
5. deceives or misleads about the origin of messages or impersonates another person;
6. contains viruses, malware, or other harmful code.
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; or
8. is otherwise prohibited under applicable law.

You shall not:

1. attempt to gain unauthorised access to the Platform or related systems.
2. scrape, copy, reproduce or exploit any part of the Platform for commercial purposes without our prior written consent.
3. circumvent or attempt to circumvent any security or access control measures;
4. use any automated tools (bots, crawlers, scripts) in a manner that overloads or disrupts the Platform. or
5. reverse engineer, decompile or otherwise attempt to derive source code from the Platform.
6. User Content and Licences

Users may submit content including profiles, qualifications, certifications, job posts, messages and other information (“User Content”). You remain the owner of your User Content.

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty free, transferable and sublicensable licence to use, reproduce, host, store, display, communicate, and make available such User Content on the Platform for the purposes of providing and improving the services.

You represent and warrant that:

1. you have all necessary rights, licences and consents for your User Content; and
2. your User Content and its use on the Platform does not violate any law or third party rights.

The Company may, at its sole discretion and without notice, remove or disable access to any User Content that it considers objectionable, unlawful, or violative of these Terms or applicable law.

6. Paid Services and Commercial Terms

Features or services on the Platform may be chargeable (for example, recruiter tools, highlighted listings, or analytics). Details of fees, payment terms, and applicable taxes will be displayed at the point of purchase and form part of these Terms once accepted.

Payments are processed through third party payment service providers. The Company is not responsible for errors or failures attributable to such providers, though it will reasonably cooperate in resolving user complaints in line with intermediary due‑diligence expectations.

Unless otherwise specified:

1. fees paid are non refundable, except where required under applicable law; and
2. subscriptions may auto renew unless cancelled in accordance with the Platform’s cancellation process.
3. Disclaimers

The Platform and all services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non infringement.

Without limiting the above, the Company does not warrant that:

1. the Platform will be uninterrupted, secure, or error free.
2. all information provided by Candidates or Recruiters is accurate, complete, or up to date; or
3. any particular engagement, recruitment outcome or medical result will occur.

Background verification, credential checks, and other due diligence on Candidates or Recruiters are the sole responsibility of the respective counterparties, unless the Company explicitly offers and documents such services separately.

8. Limitation of Liability

To the maximum extent permitted by law, the Company and its directors, officers, employees and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data, goodwill or other intangible losses, arising out of or in connection with:

1. your access to or use of, or inability to access or use, the Platform.
2. any conduct or content of other users or third parties; or
3. any interactions, contracts, or arrangements between Candidates and Recruiters.

Subject to the foregoing, the aggregate liability of the Company for any and all claims arising out of or related to the Platform shall not exceed the total fees paid by you (if any) to the Company for the services giving rise to the claim during the 6 months immediately preceding the event giving rise to such claim, or such other amount permissible under applicable law, whichever is lower.

9. Indemnity

You agree to indemnify, defend and hold harmless the Company and its directors, officers, employees and affiliates from and against any claims, demands, actions, proceedings, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

1. your use of the Platform;
2. your User Content; or
3. your breach of these Terms or applicable law.

10. Intellectual Property

All rights, title and interest in and to the Platform, including its content (excluding User Content), design, graphics, logos, trademarks, software and underlying technology, are owned by or licensed to the Company and are protected under applicable intellectual property laws.

You are granted a limited, personal, non‑exclusive, non‑transferable, revocable licence to access and use the Platform for your internal professional or business purposes, subject to these Terms.

You shall not use the Company’s trademarks, brand names or logos without prior written consent.

11. Privacy and Data Protection

Your use of the Platform is also governed by the Privacy Policy available at Google Play, Apple store and Amazon Web Services. The Privacy Policy is designed to comply with the Digital Personal Data Protection Act 2023, and relevant rules (“DPDPA”).

12. Suspension and Termination

The Company may, at its sole discretion and without prior notice, suspend or terminate your access to the Platform, or remove your User Content, if:

1. you violate these Terms or applicable law.
2. your actions risk harm, loss or liability to other users or the Company; or
3. required by law, court order, or competent authority.

You may terminate your account at any time by following the account deletion process on the Platform or by contacting us.

13. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of India (without regard to conflicts of law principles). The courts of Bengaluru, shall have exclusive jurisdiction over any disputes not subject to arbitration, and you consent to personal jurisdiction and venue in such courts.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including any question regarding existence, validity, breach, or termination (“Dispute“), shall be referred to and finally resolved by arbitration. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru The tribunal shall consist of one arbitrator mutually appointed by the parties, or if the parties cannot agree within 30 days, appointed in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The language of arbitration shall be English.

Before initiating arbitration, the parties agree to attempt in good faith to resolve any Dispute through negotiation for a period of 30 days. Either party may initiate negotiation by providing written notice to the other party describing the Dispute.

Each party shall bear its own attorneys’ fees and costs. Arbitration fees and arbitrator compensation shall be split equally unless the arbitrator determines that one party’s claims or defences were frivolous or brought in bad faith.

Notwithstanding the foregoing, either party may seek preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm, including for breaches of confidentiality obligations or intellectual property rights.

14. Changes to the Terms

The Company may update these Terms from time to time. Material changes will be notified through the Platform or other reasonable means. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Platform. Transparency of terms and continued notice are key aspects of platform governance under IT and data‑protection frameworks.

15. Grievance Redressal and Contact

The Company designates the following Grievance Officer:

1. Email: surgeonsearch25@gmail.com

Users may submit complaints or concerns relating to the Platform or content thereon to the Grievance Officer. The Company will endeavour to acknowledge and resolve complaints within timelines prescribed under applicable law.

For general queries regarding these Terms or the Platform, you may contact: +91-9444702299.

16. General Provsions
17. Entire Agreement: These Terms, and the documents expressly incorporated by reference (including the Privacy Policy and other policies as contained in the Platform), constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
18. No Waiver: Failure or delay by either party to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.
    
    
19. Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
20. Assignment: Neither party may assign or transfer these Terms without the other party’s prior written consent, except:
21. Either party may assign to an Affiliate with written notice;
22. Either party may assign in connection with a merger, acquisition, or sale of all or substantially all of its assets or business, provided the assignee is not a direct competitor of the other party; and

• Any attempted assignment in violation of this Section is void.

These Terms bind and inure to the benefit of each party’s permitted successors and assigns.

1. Independent Contractors: The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or franchise relationship. Neither party has authority to bind the other or incur obligations on the other’s behalf.
   
   
2. Force Majeure: Neither party is liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, labour disputes, government actions, epidemics, pandemics, internet or telecommunications failures, or Third-Party Service unavailability. The affected party must promptly notify the other and use reasonable efforts to resume performance. If force majeure continues for more than 60 days, either party may terminate the facilitation service provided by the Platform.
3. Notices: All notices must be in writing and will be deemed given:
4. When delivered personally;
5. One business day after dispatch by reputable overnight courier;

• Three business days after mailing by registered or certified mail; or

1. When sent by email to the address specified in your account or these terms.