Master Terms and Conditions (User Agreement)


Master Terms and Conditions (User Agreement)
Platform: Easy Second Opinion
Jurisdiction: Republic of India
Legal Nexus: Information Technology Act, 2000 (Section 79 Intermediary Status); Indian Contract Act, 1872; Consumer Protection Act, 2019.
Effective Date: [Insert Date]
1. Contractual Framework and Acceptance of Terms

This Master Terms and Conditions agreement ("Agreement" or "Terms") constitutes a legally binding electronic contract entered into between Easy Second Opinion ("Company", "Platform", "we", "us", "our") and any individual or entity accessing, browsing, registering with, or utilizing the services of the Platform ("User", "Patient", "you", "your").
By checking any interactive box confirming acceptance, registering an account, or purchasing a service, you explicitly agree to all terms contained herein, including our Fee Policy, Refund Policy, Privacy Policy, Records Policy, and Teleconsult Policy, which are incorporated by reference. If you do not agree to these Terms without modification, you must immediately terminate access to and cease all use of the Platform.

2. Platform Legal Status: Intermediary & Technology Enabler
Section 79 Safe Harbor: The Platform operates as an online marketplace, technology enabler, and digital healthcare intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Independent Contractor Status of RMPs: The Registered Medical Practitioners (RMPs) empanelled on the Platform are independent third-party professional medical contractors. They are neither employees, partners, agents, nor legal joint-venturers of Easy Second Opinion.
Separation of Technology and Clinical Judgment: Easy Second Opinion provides the digital conduit (hosting, encryption, scheduling, case management, billing) facilitating communication between Users and independent RMPs. The Platform exercises zero control over, and assumes zero legal responsibility for, the professional clinical judgment, diagnoses, advice, or opinions articulated by independent RMPs. Medical second opinions rendered are the sole clinical responsibility of the issuing medical practitioner.

3. User Eligibility, Guardianship, and Account Security
Legal Capacity: To register an account and book services, you must be of legal age (at least 18 years old in India, or the age of legal majority in your domestic jurisdiction) and possess the full legal capacity to enter into binding contracts.
Minors and Incapacitated Individuals: If a consultation is sought for a minor child or an incapacitated adult, the account must be established, and the consultation authorized, by a parent or court-appointed legal guardian. The guardian warrants that they possess undisputed legal custody and authority to share medical data and authorize clinical reviews.
Credential Protection: You are exclusively responsible for safeguarding your login credentials (username, password, MFA codes). Any action executed through your authenticated user account shall be legally attributed to you. You agree to notify the Platform immediately at security@easysecondopinion.com upon discovering any unauthorized account breach.

4. Prohibited Platform Conduct
The User covenants that they will not, directly or indirectly:
Use the Platform to facilitate any emergency medical treatment.
Upload, transmit, or introduce any trojans, computer viruses, worms, logic bombs, or other technologically malicious materials.
Deploy any web-scraping software, spiders, crawling bots, automated scripts, or data-extraction tools to harvest text, data, or intellectual property from the Platform.

Forge, tamper with, alter, or misrepresent medical files, identity documents, or payment instruments.
Engage in defamatory, threatening, obscene, harassing, or racially/ethnically derogatory behavior toward any RMP, case manager, or employee of the Platform.
Reverse-engineer, decompile, or disassemble any aspect of the Platform’s underlying software, user interface, or proprietary workflows.

5. Intellectual Property Rights
Platform Assets: All software code, graphical user interfaces, visual design, logos, trademarks, database architectures, copywriting, and proprietary algorithms hosted on the Platform are the exclusive intellectual property of Easy Second Opinion, protected under Indian and international copyright, trademark, and patent conventions.
Patient Data Rights: The User retains underlying ownership of their pre-existing personal medical records. By uploading records to the Platform, the User grants Easy Second Opinion a non-exclusive, worldwide, royalty-free, limited license to host, process, reproduce, and transmit such data strictly for the execution of services and regulatory compliance.
Report Usage License: Upon full settlement of fees, the User is granted a personal, revocable, non-exclusive, non-transferable license to view, download, print, and share their generated Second Opinion Report exclusively with their treating physicians, healthcare providers, and health insurance carriers. The report may not be published, broadcast, or commercialized.

6. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM, ITS INFRASTRUCTURE, ITS CASE MANAGEMENT SERVICES, AND ALL DIGITAL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE PLATFORM EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR MEDICAL PURPOSE, SYSTEM INTEGRATION, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
THE PLATFORM WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY DIAGNOSTIC OUTCOME, CURE, OR

SYMPTOM RESOLUTION WILL RESULT FROM IMPLEMENTING A SECOND OPINION; OR
THE OPINION OF AN EMPANELLED RMP WILL CONCUR WITH THE OPINIONS OF YOUR IN-PERSON PRIMARY CARE PHYSICIANS.

7. Comprehensive Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
Exclusion of Consequential Damages: UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) SHALL EASY SECOND OPINION, ITS PARENT ENTITIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS,

LOSS OF REVENUE, LOSS OF DATA, MEDICAL EXPENSES, PAIN AND SUFFERING, OR PERSONAL INJURY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICES.
Aggregate Liability Financial Cap: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL, CUMULATIVE, AGGREGATE LIABILITY OF EASY SECOND OPINION ARISING FROM OR RELATED TO ANY CLAIM, DISPUTE, OR LITIGATION UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNT OF FEES PAID BY THE USER FOR THE SPECIFIC CONSULTATION GIVING RISE TO THE CLAIM, OR INR 10,000 (TEN THOUSAND INDIAN RUPEES), WHICHEVER IS LESS.

8. Comprehensive User Indemnification
The User agrees to defend, fully indemnify, and hold harmless Easy Second Opinion, its parent company, subsidiaries, affiliates, officers, directors, employees, legal advisors, and empanelled RMPs from and against any and all claims, civil lawsuits, regulatory penalties, liabilities, losses, damages, costs, and legal fees resulting from:
The User's breach or violation of any provision of these Terms or related policies;
Any fraudulent, inaccurate, altered, forged, or incomplete medical records or personal identity data furnished by the User;
Any clinical decision, therapeutic treatment, surgical intervention, or medication undertaken by the User or their local in-person physician following the receipt of a Second Opinion Report; or

The User's infringement of any intellectual property or privacy rights of any third party.

9. Dispute Resolution: Mandatory Two-Tier Escalation and Binding Arbitration
Any dispute, controversy, claim, or difference arising out of, relating to, or in connection with this Agreement, including its formation, validity, breach, performance, termination, or the medical services rendered via the Platform, shall be resolved exclusively through the following mandatory multi-tier process:

[Dispute Arises]
|

[Tier 1: 30-Day Mandatory Amicable Conciliation]
|
(Unresolved?)
|
[Tier 2: Sole-Arbitrator Arbitration (Arbitration

Act, 1996)]
* Seat & Venue: Mumbai, India
* Language: English
* Award: Final & Legally Binding
Tier 1: Amicable Negotiation: The aggrieved party must issue a formal written Notice of Dispute to the other party. The parties shall commit to good-faith internal negotiations for thirty (30) calendar days from the date of receipt of the notice.
Tier 2: Binding Arbitration: If the dispute remains unresolved upon the expiry of the thirty (30) day negotiation window, it shall be referred to and finally resolved by Binding Arbitration administered by a sole arbitrator mutually appointed by the parties. If the parties fail to agree on a sole arbitrator within twenty-one (21) days of a written invocation of arbitration, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation

Act, 1996 (as amended).
Seat and Legal Venue: The legal seat and operational venue of arbitration shall be Mumbai, Maharashtra, India.
Language: The arbitral proceedings shall be conducted exclusively in the English language.
Finality: The arbitral award rendered shall be final, non-appealable, and binding upon both domestic and international parties, and enforceable in any court of competent jurisdiction under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

10. Governing Law and Exclusive Judicial Jurisdiction
Governing Law: This Agreement, all associated policies, and any non-contractual obligations or claims arising out of them shall be governed by, interpreted, and construed strictly in accordance with the substantive and procedural Laws of the Republic of India, without regard to conflict-of-laws principles.
Exclusive Jurisdiction: Subject to the mandatory arbitration provisions in Section 9, both domestic and international Users irrevocably consent and submit to the sole and exclusive jurisdiction of the competent civil courts situated in Mumbai, Maharashtra, India, for all matters requiring interim judicial relief, injunctions, or the enforcement of arbitral awards. All other global jurisdictions, local forums, or overseas tort courts are hereby expressly, intentionally, and irrevocably excluded.

11. Entire Agreement and Severability
This Agreement, together with all integrated policies and signed clickwrap consent forms, constitutes the entire legal agreement between the User and Easy Second Opinion. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.