ASK-AYURVEDA.COM SERVICE AGREEMENT FOR DOCTORS

Effective Date: 25th November 2024

This Service Agreement ("Agreement") is entered into by and between SWISS AYURVEDA PRIVATE LIMITED ("Company"), a company registered in India under CIN U86901MP2024PTC073695, with its registered office at H. No. 186, Bhel, Bhopal, Huzur, Madhya Pradesh, India, 462022, and the Practitioner ("Doctor") who registers on the Platform to provide Ayurvedic wellness advisory and guidance.

By registering as a Practitioner on Ask-Ayurveda.com ("Platform"), you agree to the terms outlined in this Agreement. If you do not agree, you must immediately discontinue using the Platform.

1. NATURE OF ENGAGEMENT

• The Company operates an IT-based communication platform to connect Users with Practitioners, facilitating wellness advisory and educational guidance, not medical consultations.
• The Platform is not intended to provide medical consultations, diagnoses, prescriptions, or treatments, and does not qualify as a telemedicine service under Indian regulations.
• The Practitioner operates as an independent service provider and is solely responsible for the quality, accuracy, and appropriateness of the advisory provided.

2. PRACTITIONER OBLIGATIONS

The Practitioner agrees to:

• Provide accurate and truthful professional credentials, including a valid Ayurvedic medical license.
• Ensure compliance with all applicable laws and regulations governing Ayurvedic practice.
• Offer honest, ethical, and evidence-based wellness advice and guidance, and avoid offering diagnoses, prescriptions, or treatment plans.
• Refrain from providing any medical advice that exceeds the scope of Ayurvedic wellness guidance.
• Maintain confidentiality and professionalism in all communications with Users.

3. VERIFICATION AND COMPLIANCE

• The Company reviews the credentials (licenses, certifications, etc.) submitted by the Practitioner but does not provide an official endorsement of the Practitioner’s skills or qualifications.
• The Practitioner is solely responsible for the authenticity and legitimacy of their submitted credentials.
• The Company reserves the right to suspend or terminate the Practitioner’s access in cases of misconduct, misrepresentation, or violation of legal standards.
• The Practitioner is solely responsible for any legal consequences arising from fraudulent credentials, malpractice, or misrepresentation.

4. PAYMENTS AND REVENUE SHARING

• The Platform facilitates both paid and free wellness advisory services.
• Payments are made by Users through the Platform’s integrated payment system.
• The Company retains a commission from each paid advisory service and transfers the remaining amount to the Practitioner.
• Practitioners must provide valid banking details for revenue disbursement.
• The Company is not responsible for taxation, reporting, or regulatory compliance concerning the Practitioner’s income.

5. NO EMPLOYER-EMPLOYEE RELATIONSHIP

• This Agreement does not create an employer-employee relationship between the Company and the Practitioner.
• The Practitioner is fully responsible for their professional liabilities.
• The Company shall not be held liable for medical malpractice, negligence, or disputes between the Practitioner and Users.

6. CONFIDENTIALITY AND DATA PROTECTION

• Practitioners must comply with all applicable data protection laws regarding patient confidentiality, including the IT Act, 2000, Data Protection Rules and other related laws.
• The Practitioner must not share, sell, or misuse any user data obtained through the Platform.
• The Company adheres to a strict Privacy Policy that governs the collection, storage, and processing of data.

7. TERMINATION AND SUSPENSION

The Company reserves the right to suspend or terminate a Practitioner’s access for the following reasons:

• Providing false credentials or misleading information.
• Engaging in unethical or illegal advisory practices.
• Violating data protection policies or misusing user information.
• Failing to maintain an active professional license.

The Practitioner may terminate their association with the Company by providing written notice.

8. LIMITATION OF LIABILITY

• The Company is not liable for any medical advice, diagnosis, or treatment provided by Practitioners.
• The Practitioner assumes full responsibility for their actions and the consequences thereof.
• The Company does not guarantee a minimum number of advisory sessions, earnings, or patient engagement.

9. GOVERNING LAW AND DISPUTE RESOLUTION

• This Agreement shall be governed by the laws of India.
• Any disputes will be resolved through negotiation and arbitration under the jurisdiction of the courts in Bhopal, Madhya Pradesh, India.
• Practitioners must comply with all relevant Indian legal and regulatory requirements.

10. AMENDMENTS AND MODIFICATIONS

• The Company reserves the right to modify this Agreement at any time.
• Continued use of the Platform by the Practitioner constitutes acceptance of the updated terms.

11. MARKETPLACE FOR AYURVEDIC MEDICINES AND PRODUCTS

• The Platform may facilitate the purchase of Ayurvedic products but is not involved in the sale, distribution, or fulfillment of such products.
• The Platform acts solely as a facilitator and technology provider, and any transactions between Users and licensed pharmacies are the responsibility of the pharmacies.
• For Schedule E(1) Ayurvedic medicines requiring prescriptions, the Platform will verify and store valid prescriptions before processing orders.
• The Platform shall not be liable for compliance with the Drugs & Cosmetics Act, 1940, or any other related regulations; the licensed pharmacies are responsible for ensuring compliance.

12. ROLE OF THE PLATFORM

• The Company’s role is strictly limited to providing an IT-based marketplace, facilitating communications between Practitioners and Users, and offering wellness advisory.
• The Company is not a medical service provider, pharmacy, or retailer.
• The Company does not provide medical consultations, diagnoses, treatments, or prescriptions.

For inquiries, contact us at info@ask-ayurveda.com.