Terms of Service

1. Acceptance of Terms

Welcome to BestPhysio! These Terms of Service ("Terms") constitute a legally binding agreement between you and BestPhysio ("we," "our," "us") governing your access to and use of our website, mobile applications, and services (collectively, the "Platform").

By accessing or using BestPhysio, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

1.1 Who May Use Our Platform

• You must be at least 18 years old (or the age of medical consent in your jurisdiction)
• If you are under 18, a parent or legal guardian must use the Platform on your behalf
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using the Platform under applicable laws

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email and/or prominent notice on the Platform at least 30 days before changes take effect. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

2. Description of Services

BestPhysio is a multi-country physiotherapy directory and practice management platform that provides:

2.1 For Patients (Free Services):

• Directory Search: Find verified physiotherapists by location, specialty, and ratings
• Appointment Booking: Request appointments with physiotherapists through our platform
• Provider Profiles: View clinic information, services, pricing, photos, and reviews
• Reviews & Ratings: Submit feedback about your experiences with providers
• Favorites: Save and bookmark your preferred physiotherapists

2.2 For Providers (Subscription Services):

• Practice Management: Patient records, appointment scheduling, clinical documentation
• Directory Listing: Profile visibility to potential patients (PLUS tier and above)
• Online Presence: Customizable clinic profile with photos, services, and pricing
• Team Management: Multi-user accounts with role-based access control
• Analytics: Insights into profile views, bookings, and patient engagement
• ABHA Integration: Integration with India's Ayushman Bharat Health Account (PREMIUM tier)

3. User Accounts

3.1 Account Registration

To use certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.2 Account Types

• Patient Accounts: Free, individual accounts for booking appointments and leaving reviews
• Provider Accounts: Subscription-based accounts for physiotherapists and clinics

3.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our policies
• You provide false or misleading information
• You engage in fraudulent, abusive, or illegal activities
• You submit fake reviews or manipulate ratings
• Your account has been inactive for an extended period
• We are required to do so by law

4. Provider-Specific Terms

4.1 Eligibility Requirements

To register as a provider, you must:

• Be a licensed physiotherapist with valid registration from your state/national regulatory authority
• Provide proof of professional qualifications and credentials
• Have a valid business or practice registration (if applicable)
• Comply with all applicable healthcare regulations in your jurisdiction
• Maintain professional indemnity insurance (recommended)

4.2 Subscription Plans & Pricing

BestPhysio offers the following subscription tiers:

Subscription Terms:

• Subscriptions are billed annually in advance
• Prices are subject to change with 60 days notice
• Subscriptions auto-renew unless cancelled before renewal date
• All payments are subject to 18% GST (India) or applicable taxes
• Payment is processed via secure third-party payment gateway (Razorpay/Stripe)

4.3 Verification Process

All provider accounts undergo mandatory verification:

• Submit valid physiotherapy license/registration number
• Provide educational qualification certificates
• Verify practice address and contact information
• Verification typically takes 3-5 business days
• Directory listing only available after successful verification
• Annual re-verification required to maintain verified status

4.4 Profile & Listing Obligations

Providers must:

• Provide accurate, truthful, and up-to-date information
• Display transparent pricing for services
• Maintain professional profile photos and clinic images
• Update business hours, availability, and contact details promptly
• Not make false, misleading, or exaggerated claims about qualifications or services
• Comply with advertising standards and healthcare regulations

4.5 Appointment Management

• Respond to appointment requests within 24 hours (recommended)
• Honor confirmed appointments or provide reasonable notice of cancellation
• Maintain professional communication with patients
• Use the Platform's messaging system for booking-related communication

4.6 Patient Medical Records

4.7 Payment Terms (Provider Subscriptions Only)

• Payment Method: Credit/debit card, UPI, net banking via secure payment gateway
• Billing Cycle: Annual subscription charged upfront
• Auto-Renewal: Subscriptions automatically renew unless cancelled 7 days before renewal
• Refund Policy: No refunds for partial subscription periods (see Section 4.9)
• Failed Payments: Account downgraded to FREE tier if payment fails after 7-day grace period
• Invoices: GST-compliant invoices sent via email within 3 business days

4.8 Cancellation Policy

• You may cancel your subscription anytime via account settings
• Cancellation takes effect at the end of current billing period
• No refunds for unused portion of subscription
• Access to PLUS/PREMIUM features ends upon cancellation
• Patient medical records remain accessible even after cancellation (cannot be deleted)
• Account automatically downgrades to FREE tier

4.9 Refund Policy

• No Refunds: Subscription fees are non-refundable except as required by law
• Cooling-Off Period (India): 48-hour cancellation window from initial purchase for full refund
• Service Interruption: Pro-rated refund if Platform is unavailable for 7+ consecutive days due to our fault
• Fraudulent Charges: Full refund if unauthorized payment is reported within 30 days

4.10 Professional Responsibilities

As a provider, you acknowledge and agree that:

• You are an independent healthcare professional, NOT an employee or agent of BestPhysio
• You are solely responsible for all medical services, diagnoses, treatments, and advice you provide
• You must maintain all required licenses, registrations, and insurance
• You must comply with all applicable healthcare laws and professional standards
• You must obtain informed consent from patients for treatments
• You are responsible for patient safety and quality of care
• BestPhysio has NO liability for your professional conduct or medical outcomes

5. Patient-Specific Terms

5.1 Booking Appointments

• Request Only: Booking through BestPhysio is an appointment request, not a confirmed appointment
• Confirmation: Appointment is confirmed only when provider accepts your request
• No Guarantee: We do not guarantee provider availability or appointment acceptance
• Communication: Use the Platform's messaging to communicate with providers about appointments

5.2 Payment for Services

5.3 Cancellation & No-Shows

• You may cancel appointments via the Platform or by contacting the provider directly
• Provide reasonable notice of cancellation (at least 24 hours recommended)
• Repeated no-shows may result in account suspension
• Cancellation fees (if any) are determined and collected by the physiotherapist, not BestPhysio

5.4 Reviews & Ratings

• You may submit reviews and ratings for providers you've visited
• Reviews must be honest, accurate, and based on your personal experience
• Prohibited: Fake reviews, defamatory content, offensive language, spam, or reviews for competitors
• We reserve the right to remove reviews that violate our policies
• Reviews remain public even after account deletion (may be anonymized)

5.5 Medical Disclaimer

5.6 Your Responsibilities

• Provide accurate health information to physiotherapists
• Follow treatment plans and medical advice from your physiotherapist
• Report any adverse events or concerns directly to your physiotherapist
• Maintain confidentiality of your account and personal health information
• Verify provider credentials, qualifications, and expertise before booking

6. Prohibited Activities

You must NOT:

6.1 General Prohibitions:

• Violate any applicable laws, regulations, or third-party rights
• Use the Platform for any illegal, fraudulent, or unauthorized purpose
• Impersonate any person or entity or falsely state your affiliation
• Provide false, misleading, or inaccurate information
• Interfere with or disrupt the Platform or servers/networks
• Attempt to gain unauthorized access to any systems or data
• Use automated systems (bots, scrapers) without permission
• Transmit viruses, malware, or harmful code
• Harass, abuse, threaten, or harm other users

6.2 Provider-Specific Prohibitions:

• Practice without valid license or registration
• Provide false credentials or qualifications
• Solicit fake reviews or manipulate ratings
• Share or sell patient data without consent
• Use the Platform to promote non-physiotherapy services
• Discriminate against patients based on protected characteristics
• Spam patients with unsolicited marketing messages

6.3 Patient-Specific Prohibitions:

• Submit fake or fraudulent reviews
• Book appointments with no intention of attending
• Harass or abuse providers or staff
• Use the Platform for commercial solicitation
• Create multiple accounts to abuse the system

Consequences: Violation of these prohibitions may result in account suspension, termination, legal action, and reporting to authorities.

7. Intellectual Property Rights

7.1 BestPhysio's IP

All content, features, and functionality on the Platform (including text, graphics, logos, icons, images, software, algorithms) are owned by BestPhysio or our licensors and protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal or business purposes in accordance with these Terms. You may NOT:

• Reproduce, distribute, modify, or create derivative works
• Reverse engineer, decompile, or disassemble the Platform
• Remove or alter copyright, trademark, or proprietary notices
• Use the Platform to develop competing services

7.3 User-Generated Content

By submitting content to the Platform (reviews, photos, comments), you grant BestPhysio a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute, display, and modify such content for operating and promoting the Platform.

You retain ownership of your content and represent that you have the rights to grant this license.

8. Limitation of Liability & Disclaimers

8.2 No Medical Liability

BestPhysio is NOT responsible for:

• Medical services, treatments, advice, or outcomes provided by physiotherapists
• Professional conduct, qualifications, or competence of providers
• Misdiagnosis, negligence, malpractice, or errors by providers
• Patient health outcomes, injuries, or adverse events
• Quality, safety, or legality of provider services

8.3 No Payment Liability

BestPhysio is NOT responsible for:

• Payment disputes between patients and providers
• Refunds, cancellation fees, or billing issues with providers
• Fraudulent charges or payment scams between users
• Collection of consultation fees or treatment charges

8.4 Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BestPhysio's total liability for any claims arising from or related to these Terms or the Platform shall NOT exceed:

• For Patients: ₹1,000 (or equivalent in your currency)
• For Providers: The amount you paid to BestPhysio in the 12 months preceding the claim

8.5 Exclusion of Damages

BestPhysio shall NOT be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Personal injury or emotional distress
• Property damage or medical expenses
• Service interruptions or data loss

9. Indemnification

You agree to indemnify, defend, and hold harmless BestPhysio, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms or applicable laws
• Your infringement of third-party rights
• Content you submit to the Platform
• For Providers: Medical services, professional conduct, malpractice claims, patient injuries, or disputes

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of India without regard to conflict of law principles. For users in other countries, local consumer protection laws may also apply.

10.2 Arbitration (India)

Any disputes arising from these Terms shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996:

• Seat: Bangalore, India (or city of your choice by mutual agreement)
• Language: English
• Arbitrator: Single arbitrator mutually appointed
• Costs: Each party bears own costs unless arbitrator orders otherwise

10.3 Grievance Redressal (India)

Before initiating formal dispute resolution, you may contact our Grievance Officer:

10.4 Jurisdiction

Subject to arbitration, courts in Bangalore, India shall have exclusive jurisdiction.

11. Termination

11.1 By You

• You may delete your account anytime via account settings
• Providers may cancel subscriptions as per Section 4.8
• Account deletion does not entitle you to refunds

11.2 By BestPhysio

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent, illegal, or abusive conduct
• We are required to do so by law or regulatory authority
• Your account poses security or legal risks

11.3 Effect of Termination

• Your access to the Platform will immediately cease
• Sections 7-9 (IP, Liability, Indemnification) survive termination
• Provider medical records remain accessible per retention policy

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BestPhysio.

12.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

12.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to affiliates or successors.

12.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, government actions, internet outages).

13. Contact Information