Terms of service

1. About Nivaacare & Platform Role

Nivaacare is a digital technology platform operated by Nivaacare.

Nivaacare operates as a Technology Intermediary within the meaning of Section 2(1)(w) and Section 79 of the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020. Our software enables individuals and families to schedule and coordinate non-emergency healthcare visits with independent, certified healthcare professionals (including Registered Nurses, Physiotherapists, and Dressers).

Nivaacare is not a hospital, nursing home, day-care clinical establishment, or direct employer of medical practitioners. Nivaacare does not provide medical diagnosis, direct clinical treatment, or prescribe drugs. All clinical care is rendered solely by independent, licensed professionals acting pursuant to orders issued by your attending Registered Medical Practitioner (doctor).

2. Non-Emergency Declaration (Call 112)

NIVAACARE IS NOT AN EMERGENCY MEDICAL SERVICE. The platform is designed solely for scheduled, non-critical home nursing, physiotherapy, and routine clinical procedures.

If you or the person you are booking for is experiencing life-threatening, acute, or unstable medical symptoms—including but not limited to:

• Severe or crushing chest pain or pressure;
• Acute shortness of breath or respiratory distress;
• Sudden numbness, facial drooping, paralysis, or speech impairment (stroke symptoms);
• Uncontrolled severe bleeding, open compound fractures, or acute trauma;
• Loss of consciousness, seizures, or severe allergic reaction (anaphylaxis);
• Poisoning or acute drug overdose;

DO NOT BOOK A VISIT ON NIVAACARE. Immediately call national emergency services at 112 or proceed directly to the nearest hospital emergency room.

3. Eligibility & Care for Family or Minors

You must be at least 18 years of age and legally competent to enter into binding contracts under the Indian Contract Act, 1872 to create an account and book services on Nivaacare.

Booking for Family Members: You may book care on behalf of family members (such as parents, spouse, or siblings) provided you have obtained their express permission to share their health details and schedule care on their behalf.

Minors (Children under 18): In accordance with Section 9 of the Digital Personal Data Protection Act, 2023 (DPDP Act), services for minors may only be booked by their lawful parent or legal guardian. By scheduling care for a child, you affirm that you are the parent or legal guardian with full authority to grant informed consent for the scheduled clinical procedure. A parent or adult guardian must remain physically present throughout the visit.

4. Doctor’s Prescription Requirement

In compliance with the Drugs and Cosmetics Act, 1940, the Pharmacy Act, 1948, and the Indian Nursing Council Code of Ethics:

• Mandatory Prescription: Any invasive or clinical procedure—including Intravenous (IV) infusions, Intramuscular (IM) injections, Subcutaneous (SC) injections, urinary catheter insertion/removal, or suture/stitch removal—requires an authentic, unexpired written prescription issued by a Registered Medical Practitioner (RMP).
• Physical Inspection: Even if you uploaded a photo or PDF of the prescription on the app, you must keep the original physical prescription slip ready at the visit address. The attending professional is legally required to inspect the original slip before administering any procedure.
• Right to Refuse Unprescribed Procedures: Healthcare professionals reserve the absolute statutory right to refuse administration if a valid prescription is absent, illegible, expired, or if the drug presented does not match the prescription.
• First/Test Dose Prohibition: Initial or test doses of high-risk parenteral medications (such as IV antibiotics or blood products) carry severe risk of acute anaphylaxis and must be administered within a hospital or clinical setting. Nivaacare partners will only administer continuation doses where tolerance has already been established.

5. Medicines, Consumables & Bio-Medical Waste

Unless explicitly bundled as an authorized clinic kit, all medicines, ampoules, vials, and prescribed consumables must be procured by the patient/family from licensed retail pharmacies:

• Cold Chain & Integrity: You are responsible for ensuring that medications requiring refrigeration (e.g., insulin, biologics) have been stored according to the manufacturer's instructions. Professionals will inspect expiry dates and tamper-evident seals before use.
• Bio-Medical Waste Disposal: In strict compliance with the Bio-Medical Waste Management Rules, 2016, used needles, syringes, cannulas, and contaminated dressings must never be disposed of in municipal household dustbins. Visiting professionals will place sharps into puncture-proof containers and bag medical waste in accordance with statutory guidelines for authorized treatment.

6. Independent Healthcare Professionals

Care professionals listed on Nivaacare are independent practitioners who hold accredited qualifications (such as GNM, B.Sc. Nursing, or BPT) and active registration with statutory bodies (such as State Nursing Councils or the National Commission for Allied and Healthcare Professions).

Nivaacare verifies government identity, professional registration numbers, and qualification credentials before onboarding. However, each professional exercises independent clinical judgment in accordance with their professional training and applicable nursing standards. No agency, partnership, joint venture, or employer-employee relationship exists between Nivaacare and the independent healthcare professional.

7. Informed Clinical Consent for Home Procedures

By booking a home healthcare visit on Nivaacare, you grant informed consent for the performance of the requested procedure in a domestic home environment. Specifically, you acknowledge:

• That in-home clinical care involves inherent physiological risks, including localized pain, bruising, hematoma, accidental infiltration, mild syncope, or unforeseen allergic reactions to prescribed drugs;
• That domestic residences do not replicate the sterile or intensive resuscitation facilities of an ICU or hospital emergency ward;
• That you have disclosed all known patient allergies, chronic conditions, and previous adverse drug reactions to the attending professional prior to the commencement of care;
• That you or the patient may withdraw consent and halt the procedure at any time, subject to payment for services already rendered.

8. Pricing, Quotes & Payments

Fixed Quotation: The fee displayed on the booking confirmation screen represents the total fee for the selected service, duration, and scheduled slots. Prices include applicable Goods and Services Tax (GST).

Add-on Authorization: If the attending professional recommends an additional clinical service (such as an extra dressing or vitals check) during the visit, this will only be added to your account upon your explicit confirmation via in-app approval or verification code.

Payment Processing: Online payments are processed through RBI-authorized payment aggregators (e.g., Razorpay). Nivaacare does not store your credit card, debit card, UPI PIN, or net-banking credentials. Where single-visit cash on delivery is offered, payment must be handed to the professional immediately upon visit completion.

9. Cancellations, Course Stops & Refunds

Our cancellation and refund policies are designed to be clear and fair to both families and working professionals:

10. Home Safety & Zero Tolerance for Harassment

Nivaacare is committed to the safety, dignity, and bodily integrity of both patients and visiting healthcare professionals. Many of our visiting professionals are women attending domestic premises.

• Safe Environment: Patients and families must provide a safe, well-lit, hygienic, and non-threatening environment for the visiting professional. Pets must be securely restrained during the visit.
• Zero Tolerance: Verbal abuse, physical aggression, sexual harassment, inappropriate remarks, or unlawful confinement of a visiting professional will result in immediate termination of the visit, permanent platform blacklisting, and reporting to law enforcement authorities under applicable provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Sexual Harassment of Women at Workplace Act (POSH principles).
• Mutual Respect: Professionals are bound by strict professional ethics. Any unprofessional conduct, negligence, or misbehavior by a professional should be reported immediately through our emergency support line.

11. Disclaimers & Limitation of Liability

To the maximum extent permitted under applicable Indian law:

• Nivaacare facilitates connections between users and independent providers. Nivaacare does not warrant the clinical outcome of any medical treatment or procedure prescribed by your third-party physician.
• Nivaacare shall not be liable for any indirect, incidental, punitive, or consequential damages, or for adverse reactions, clinical complications, or medication side effects arising from drugs prescribed by your doctor or administered in accordance with standard medical practice.
• In all events, Nivaacare’s total aggregate liability arising under contract, tort (including negligence), or statutory duty shall be limited strictly to the total amount paid by you for the specific booking in dispute.

12. Grievance Officer & Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of India. Any legal dispute, controversy, or claim arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.

In accordance with the Information Technology Act, 2000, and the DPDP Act, 2023, the details of our Grievance Officer are set forth below:

• Grievance Officer: Compliance Officer
• Email: nivaacare@gmail.com

Grievances received will be acknowledged within 24 hours and addressed within the statutory period of 15 days as prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.