Terms and Conditions

1. Introduction, acceptance and definitions

1.1These Terms and Conditions (the "Terms") are a binding legal agreement between you (the "Client") and Auronix Horizon Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at [insert address], carrying on business under the brand and trade name "Mitra" ("Mitra", "the Company", "we", "us", "our"). They govern every service booked from, delivered by or arranged through Mitra, together with the use of our website, our mobile application and our CareTrack record.

1.2You accept these Terms, and they become binding on you, on the earliest of: your booking or requesting any service; your making any payment to us; your signing a service or financial counselling form; your permitting a Care Professional deputed by us to enter the premises where the service is to be delivered; or your continued use of our website or application. If you do not agree with any part of these Terms, you must not book or receive our services.

1.3The Privacy Policy set out at Part B forms an integral part of these Terms. Accepting these Terms is acceptance of the Privacy Policy, and consent under the Digital Personal Data Protection Act, 2023 for the processing described in it. The two documents are to be read together and neither stands alone.

1.4Where you book a service for another person, you confirm that you are that person's spouse, child, parent, guardian, next of kin or lawfully authorised representative; that you are authorised to contract on their behalf, to disclose their personal and health information to us, and to give consent for their care; and that you have informed them of these Terms and of the Privacy Policy. You remain liable for all charges arising from that booking.

1.5In these Terms, unless the context requires otherwise:

(a)"Patient" means the person to whom the service is delivered, whether or not that person is the Client.

(b)"Care Professional" means any caregiver, nurse, floater, supervisor or other personnel deputed by Mitra to deliver the service.

(c)"Service" means the home care service described in the Service Order, at the Care Level assigned by Mitra.

(d)"Care Level" means Level 1, Level 2 or Level 3 as defined in Mitra's Care Levels Guide, as amended from time to time.

(e)"Shift" means a twelve (12) hour attendance or a twenty-four (24) hour live-in attendance, as specified in the Service Order.

(f)"Service Order" means the written confirmation issued by Mitra recording the Patient, the Care Level, the Shift, the start date, the duration and the charges.

(g)"CareTrack" means Mitra's digital record in which vitals, medication, activity, observations and incidents are logged.

(h)"Premises" means the address at which the Service is delivered, as recorded in the Service Order.

2. Scope of services

2.1Mitra provides attended home caregiving in the Patient's own home, delivered in twelve-hour or twenty-four-hour live-in Shifts, at one of three Care Levels, and preceded by an assessment and demonstration visit of up to four hours. The precise inclusions and exclusions of each Care Level are set out in the Care Levels Guide provided to you before the Service begins and referred to in the Service Order.

2.2Every Care Professional deputed by Mitra is engaged by Mitra as its own personnel, is background-verified through an independent verification agency, is assessed against a documented competency checklist for the Care Level to which they are deployed, and works under Mitra's supervision. Mitra does not act as a listing platform or an introduction agency, and does not disclaim responsibility for the acts of the persons it deputes.

2.3Mitra is not a hospital, a nursing home, an emergency medical service or a substitute for inpatient or intensive care. The Service is intended for stable or non-emergent conditions that can properly be managed at home. Mitra does not admit, and reserves the right to decline or withdraw from, any case that cannot be staffed safely at any Care Level.

2.4Mitra may, at its discretion, refer you to an independent third-party provider for services that Mitra does not itself provide, including physiotherapy. Any such provider is engaged by you directly and on that provider's own terms; Mitra does not deliver, supervise or warrant that service, and is not liable for it. Where Mitra receives a referral fee from that provider, Mitra will disclose that fact.

2.5The following services are described in Mitra's terms so that they are available if offered. Each is subject to a separate Service Order and to any additional terms notified at the time of booking:

(a)Home collection of diagnostic samples and the conduct of laboratory tests, through a partner laboratory.

(b)Rental and sale of medical equipment for home use, on the terms set out in clause 20.

(c)Teleconsultation with a qualified medical practitioner, on the terms set out in clause 19.

(d)Attendance by a medical practitioner at the Premises.

(e)Supply of nutrition products or consumables.

(f)Palliative and end-of-life care programmes, on the terms set out in clause 21.

(g)Physiotherapy or rehabilitation delivered by Mitra's own personnel, as distinct from a referral under clause 2.4.

(h)Accompaniment of the Patient in travel, or attendance at a location other than the Premises.

3. Eligibility and Client responsibilities

3.1You must be at least eighteen years of age and of sound mind to contract with Mitra. Where the Patient is a minor or is unable to give consent, the Service may be booked only by a parent, guardian or lawfully authorised representative.

3.2You must provide accurate, complete and current information about yourself and the Patient, including the Patient's diagnosis, current medication, allergies, mobility status, communicable disease status, recent hospitalisation and treating doctor's instructions, and must produce the Patient's prescriptions and discharge summary where these exist.

3.3You must inform Mitra immediately of any change in the Patient's health status, medication, treating doctor's instructions or address that may affect the delivery or the appropriateness of the Service.

3.4Mitra is not responsible for any consequence arising from information withheld, delayed or inaccurately given, including any adverse outcome arising from an undisclosed condition, an undisclosed communicable disease, or a failure to follow medical advice.

3.5You must make the Patient available at the Premises at the scheduled time and must ensure that the Care Professional is admitted.

4. Assessment, Care Plan and Care Levels

4.1Before a Service begins, Mitra will carry out an assessment of the Patient at the Premises, lasting up to four hours, which may include a demonstration of the Service. The assessment establishes the Care Level, the staffing shape, the Care Plan and the charges, and is recorded in writing.

4.2The Care Level is determined by Mitra by reference to the highest level of care the Patient requires, and not by reference to the level requested or preferred by the Client. Mitra's determination is final for the purpose of staffing and pricing; you may decline the Service if you do not accept it.

4.3The Care Level may be reviewed at any time on the report of a Care Professional, on the advice of the Patient's treating doctor, or on your request. Where a review results in a change of Care Level, the staffing and the charges will change accordingly with effect from a date not less than forty-eight hours after written notice to you. Where a Patient's condition rises above Level 3, Mitra may suspend or terminate the Service under clause 11.

4.4The Service will be delivered in accordance with the Care Plan. Neither you nor any member of the household may direct a Care Professional to act outside the Care Plan or outside their clinical scope, or interfere with a clinical decision taken within the Care Plan. Any change to the Care Plan must be requested through Mitra's coordination team and will be implemented only if clinically appropriate and operationally possible.

4.5Mitra will make reasonable efforts to accommodate a preference as to the Care Professional, but does not guarantee that a preference can be met.

5. Booking, commencement and duration

5.1A booking may be made through Mitra's website, application or helpline. A request is not a booking. The Service is confirmed only when Mitra issues a Service Order; no obligation arises on Mitra before that.

5.2Except in urgent cases accepted at Mitra's discretion, the Service commences only on receipt of payment in advance in accordance with clause 9.

5.3The minimum engagement is seven (7) days, which renews automatically for successive periods of thirty days unless terminated in accordance with clause 11. Shift timings are fixed in the Service Order at onboarding and may be varied only by agreement recorded in writing.

5.4Mitra will make every effort to honour scheduled timings. Traffic, a delay at a preceding assignment, illness or an emergency may require a change of timing or of Care Professional, and Mitra will communicate any such change as early as it reasonably can.

5.5These Terms come into force on the date of the first Service Order and remain in force for twelve months, or until the Service ends, whichever is earlier, unless extended by agreement or terminated under clause 11.

6. Staffing, substitution and continuity of care

6.1Mitra allots Care Professionals to Patients according to the Care Level, competency clearance, availability and location. Mitra reserves the right to assign, withdraw and replace a Care Professional as it considers fit, without prior notice where circumstances require.

6.2Mitra does not guarantee that the same Care Professional will attend on every day of an engagement. Weekly offs, leave, illness, training, resignation and operational requirements will result in a substitute attending.

6.3Where a substitute attends, that substitute will be of the same Care Level as, or a higher Care Level than, the Care Professional replaced. Mitra will not, in any circumstance, cover an assignment with a person of a lower Care Level.

6.4Each Care Professional is entitled to one day of weekly rest and to leave in accordance with applicable law and Mitra's employment terms. Cover on those days is arranged by Mitra and is included in the charges. Where you require the same Care Professional to attend on their scheduled off day, their leave day or a public holiday, and that Care Professional consents, an additional charge will apply at the rate notified to you.

6.5If you consider a Care Professional unsuitable, you may notify Mitra in writing with reasons. Mitra will review the matter and, where the concern is found to be valid, will endeavour to provide a suitable replacement within seven (7) working days.

6.6Where, despite reasonable efforts, Mitra is unable to depute a Care Professional, the Service may be placed on hold for that period and will resume as soon as an alternative is arranged. Charges will not accrue for a period during which no Service is delivered, and clause 10.7 applies.

6.7Mitra's supervisory personnel will visit the Premises from time to time for handover, quality assurance, reassessment and audit. You agree to permit those visits.

7. Your obligations towards Care Professionals

The obligations in this clause are a condition of the Service. Breach of any of them entitles Mitra to withdraw the Care Professional immediately and to terminate under clause 11.3.

7.1You will provide a safe, hygienic and hazard-free environment suitable for the delivery of healthcare at the Premises. Pets must be secured. Electrical, structural and sanitary hazards must be remedied. Where care is delivered at night, the approach to the Premises must be lit and safe.

7.2You will provide the Care Professional with drinking water, and with regular food and beverages at appropriate times and in adequate quantity, of the standard ordinarily consumed in the household.

7.3For a twenty-four hour live-in Shift, you will provide, at your own cost, proper boarding and lodging — a clean and private place to sleep within the Premises, access to a bathroom, and secure storage for personal belongings. Sleeping arrangements on the floor of the Patient's room, or in a common passage, do not satisfy this obligation.

7.4You will ensure that the Care Professional has adequate uninterrupted rest. A twenty-four hour live-in Shift is an attended engagement with rest periods, not continuous waking duty. Where the Patient's condition requires attention through the night at a frequency that prevents rest, the case requires either two Care Professionals or two twelve-hour Shifts, and will be assessed and charged on that basis.

7.5You, the Patient and every member of the household will treat every Care Professional with respect and dignity. Verbal abuse, physical abuse, harassment of any kind including sexual harassment, intimidation, threats, confinement, withholding of food or rest, retention of identity documents, and discriminatory conduct on any ground are prohibited absolutely.

7.6The Care Professional will not perform domestic or household work. This includes cooking for the household, cleaning of areas other than the Patient's immediate area, laundry other than the Patient's, dishwashing, shopping and errands, and the care of other members of the household, of guests or of pets. Care of the Patient's own person, bed, linen and immediate area is part of the Service at every Care Level.

7.7No cash, gift, gratuity, advance or other payment may be given directly to a Care Professional. All payments are to be made to Mitra. A Care Professional is instructed to decline, and to report, any such offer.

7.8You will not request, instruct or pressure a Care Professional to perform any task outside the agreed Care Level and Care Plan, or to act contrary to Mitra's protocols or to their clinical scope.

7.9You will secure cash, jewellery, documents and other valuables. Mitra does not permit its Care Professionals to handle the Patient's or the household's money, valuables, bank instruments or identity documents, and Mitra will not be liable for the loss or misplacement of any item, subject always to clause 8.5.

7.10You will disclose in writing, before the Service begins, the presence and location of any camera, audio recording device or monitoring equipment covering any area in which the Care Professional will work or rest. Recording in a bathroom, or in the area provided to a live-in Care Professional for rest, is not permitted in any circumstance.

07.11Where a Shift ends after 8.00 p.m., you will permit the Care Professional to remain at the Premises until safe transport is arranged.

8. Conduct, misconduct and allegations

8.1By booking and receiving the Service you expressly acknowledge and consent that, in the event of physical or verbal abuse, harassment, threats or misconduct directed at a Care Professional or any other Mitra personnel, Mitra may file a formal complaint with the police and initiate legal proceedings against the person responsible without further notice, and may terminate all ongoing and future services immediately with no refund of any amount paid.

8.2Mitra will cooperate with law enforcement and will produce records, CareTrack entries, communications and other evidence in support of such action. This consent is deemed granted upon booking and cannot be withdrawn once a Service has commenced.

8.3Once a Service has commenced, you are deemed to have consented to its delivery as scoped. A complaint raised during an active Shift will be logged and investigated, but the Service will not be halted mid-delivery except where there is a clinical justification assessed by Mitra, or where the Patient's immediate safety requires it. No unilateral action will be taken on the basis of a verbal complaint alone.

8.4Where it is established on internal review that the Client directed out-of-scope work, obstructed protocol, or engaged in conduct prohibited by clause 7, no refund or compensation will be payable for any part of the Service.

8.5Where the Client alleges theft, negligence, abuse or other misconduct by a Care Professional:

(a)the allegation must be reported to Mitra in writing within twenty-four hours of the Client becoming aware of the matter, with such particulars as are known;

(b)the Client will preserve, and will not alter or dispose of, any relevant evidence, including recordings, and will permit Mitra reasonable access to it;

(c)Mitra will withdraw the Care Professional from the Premises pending investigation, and will provide a replacement under clause 6.5, where the allegation is of a serious nature;

(d)Mitra will investigate, will give both the Client and the Care Professional an opportunity to be heard, and will communicate the outcome in writing within fifteen working days;

(e)withdrawal of a Care Professional pending investigation is a precaution and is not an admission of liability by Mitra or of wrongdoing by the Care Professional; and

(f)nothing in this clause prevents either party from making a complaint to the police, and Mitra will cooperate with any lawful investigation.

9. Charges, payment and taxes

9.1Charges are as set out in the Service Order. The estimated charges for each cycle are payable in advance, and a recurring advance is payable before the commencement of each subsequent cycle.

9.2All charges are exclusive of goods and services tax and of any other tax, levy or cess, which will be charged additionally at the applicable rate.

9.3The following are charged in addition to the Service charges, at the rates notified to you:

(a)attendance by the same Care Professional on their scheduled off day, leave day or a public holiday, under clause 6.4;

(b)consumables used in the delivery of care, including gloves, dressings, catheters, diapers and similar items, where supplied by Mitra;

(c)a change of Care Level under clause 4.3;

(d)travel where the Patient moves to a different location and requires the Care Professional to accompany them, or where attendance is required at a location other than the Premises;

(e)equipment supplied by Mitra, and any consumable or accessory required for its use;

(f)a per-visit travel allowance for any single-visit or short-duration assignment, as notified at the time of booking.

9.4Payment for the Service is payment for the attendance, competence and time of the Care Professional and for Mitra's coordination, supervision and record-keeping. It is not contingent on any clinical outcome, and no charge will be withheld or reduced by reference to the Patient's recovery, deterioration or death.

9.5Where any amount is not paid when due, Mitra may suspend or cancel any ongoing or future Shift or Service Order without liability, and may decline to confirm further bookings. Service will resume on receipt of payment, subject to availability.

9.6All amounts outstanding become due and payable on the discharge, transfer or death of the Patient, or on the termination of the Service, whichever occurs first.

9.7Payment may be made by UPI, credit or debit card, net banking, bank transfer or cheque drawn in favour of Auronix Horizon Private Limited. Cash may be accepted only at Mitra's office or through an authorised representative against a receipt, and never by a Care Professional at the Premises.

9.8Mitra may revise its charges on not less than thirty days' written notice. A revision does not apply to a cycle already paid for. If you do not accept a revision, you may terminate under clause 11.2 without penalty.

10. Cancellation, no-show and refunds

10.1Ending a continuing engagement

10.1You may end a continuing engagement at any time by giving Mitra not less than seven (7) days' written notice. Charges are payable for the notice period whether or not the Service is taken during it. Any advance paid for days beyond the notice period is refundable on a pro-rata basis, less any amount due under clause 10.3.

10.2Cancelling a single visit, assessment or day

10.2A cancellation made more than two hours before the scheduled start incurs no charge. A cancellation made within two hours of the scheduled start, or after the Care Professional has been dispatched or has arrived, attracts a cancellation charge of ₹250, and the balance, if any, will be refunded.

10.3Minimum cancellation charges for day-based bookings

10.3Where care is booked on a day-package basis, a minimum cancellation charge of ₹200 per remaining scheduled day, or 25% of the per-day charge, whichever is higher, will be deducted before any refund is processed. Total cancellation charges under this clause are capped at 20% of the unused value and will not in any case exceed the refundable amount.

10.4No-show

10.4Each of the following is a no-show:

(a)the Patient or the Client is absent from the Premises at the scheduled time;

(b)the Client does not respond to calls or messages from the Care Professional or from Mitra on arrival;

(c)entry to the Premises is refused or not provided;

(d)the address at which attendance is required differs by more than one kilometre from the address in the Service Order; or

(e)the Patient is unable or unwilling to receive the Service and less than two hours' notice of that was given.

10.5A no-show attracts a charge of ₹250, which is deducted from the amount paid, and the day counts as delivered for the purpose of any package. Three or more no-shows, or three or more cancellations exceeding completed visits, will result in advance payment being required for all future bookings and may lead to suspension of service at Mitra's discretion. Where a single event is both a late cancellation under clause 10.2 and a no-show under this clause, only one charge of ₹250 applies.

10.6Packages and unused sessions

10.6Where the Service is bought as a package of sessions or days: if 20% or less of the package has been used, a pro-rata refund will be considered after deduction of applicable cancellation charges; if more than 20% has been used, no refund will be made except where (i) the Patient has died, (ii) the Patient is hospitalised at the time the request is made, or (iii) the Patient has permanently relocated outside Mitra's service area, in each case supported by documentary proof. In lieu of a refund the Client may elect a one-time conversion of unused sessions into Mitra service credit valid for six months, non-transferable and non-encashable. All sessions must be used within six months of purchase, extendable once by a pause of up to thirty days requested before expiry. Utilisation is calculated as completed sessions plus no-show sessions as a percentage of the total.

10.7Where Mitra fails to deliver

10.7Where a scheduled Shift is not delivered because of staff unavailability or a delay attributable to Mitra, Mitra will compensate that Shift by providing an additional Shift or a credit of equal value. Where Mitra fails to deliver three or more consecutive scheduled Shifts, or is unable to resume the Service within seven days of a missed Shift, you may elect a pro-rata monetary refund of all unused amounts with no cancellation charge, and may terminate the engagement immediately without notice.

10.8Death of the Patient

10.8On the death of the Patient the engagement ends automatically. Charges are calculated up to the date on which Mitra receives notification. Any balance will be refunded within seven working days of receipt of the death certificate. No cancellation charge or notice-period charge applies.

10.9Refund mechanics

10.9A cancellation or refund request will be reviewed and approved or declined within forty-eight hours of submission. Processing of an approved refund will be initiated within twenty-four hours of receipt of all required details, and the amount will be credited within five to seven working days of approval.

10.10Refunds are made only to the original payment instrument. Where payment was made in cash, you must provide valid bank details — account number, IFSC code and beneficiary name — and the refund will be made by bank transfer; refunds will not be issued in cash in any circumstance, and will not be made to any account not belonging to the Client. Mitra is not liable for a failed or misdirected transfer arising from incorrect details supplied by you. No refund is payable against any promotional credit, voucher or discount.

10.11Nothing in this clause limits or excludes any right or remedy available to you under the Consumer Protection Act, 2019 or other applicable law.

11. Suspension, termination and expiry

11.1Either party may terminate a continuing engagement for convenience on seven days' written notice under clause 10.1, or at any time by mutual agreement recorded in writing.

11.2Mitra may suspend or terminate the Service immediately, without notice and without refund of amounts already earned, where:

(a)any conduct prohibited by clause 7.5 occurs;

(b)the Premises are unsafe, unhygienic or otherwise unsuitable and are not remedied on notice;

(c)any amount remains unpaid beyond the period notified;

(d)information material to the Patient's care was withheld or misrepresented;

(e)the Patient's condition exceeds what can be delivered safely at Level 3, or requires hospitalisation;

(f)out-of-scope work is demanded after a written warning; or

(g)continuing the engagement would place a Care Professional at risk.

11.3Either party may terminate immediately where the other commits a material breach of these Terms and fails to remedy it within seven days of written notice.

11.4On termination all outstanding amounts become immediately due and payable, and any balance advance is refunded on a pro-rata basis in accordance with clause 10.

11.5These Terms are valid only while the Patient is alive; clause 10.8 applies on death. Clauses 8, 12, 13, 14, 16, 17, 18, 21 and 22, and Part B, survive termination or expiry.

12. Non-solicitation of Mitra personnel

12.1During the term of the engagement and for twelve (12) months after it ends, neither you, nor the Patient, nor any member of your family or household, will directly or indirectly — whether on your own behalf, through a relative, through another household, or through any agency or other person — employ, engage, solicit, canvass or entice away any Care Professional or other Mitra personnel who has been introduced to you or has attended the Premises.

12.2This restriction applies equally to a person who has ceased to be engaged by Mitra, for twelve months from the date on which their engagement with Mitra ended.

12.3You acknowledge that Mitra bears the cost of sourcing, verifying, certifying, training, insuring and supervising its Care Professionals, that loss of a Care Professional in this manner causes Mitra loss that is difficult to quantify, and that the sum payable under clause 12.4 is a genuine pre-estimate of that loss and not a penalty.

12.4In the event of a breach of this clause, you will pay Mitra, as liquidated damages, an amount equal to three (3) months' Service charges at the rate last applicable to the engagement, which becomes due immediately on demand.

13. Medical risk, scope and disclaimers

13.1You acknowledge that home care of an ill, elderly, post-operative or immobile person carries inherent risks, including infection, falls, pressure injury, aspiration, deterioration of the underlying condition and death, and that these risks exist irrespective of the quality of care delivered. You accept those risks knowingly, and accept that you and the household share responsibility for the Patient's safety.

13.2Mitra does not guarantee any clinical outcome. Care is delivered on a best-effort basis by trained personnel acting within their competence and scope.

13.3Mitra is not responsible for any complication arising from information withheld or misstated, from non-compliance with medical advice, from an undisclosed pre-existing condition, or from the act or omission of the Patient, the Client or any member of the household or any third party present at the Premises.

13.4The Service is not an emergency service. Where a Care Professional identifies an emergency, they will act under Mitra's escalation protocol, summon emergency medical assistance and inform you. You authorise Mitra and its Care Professionals to summon emergency assistance and to arrange transfer to a hospital without prior consent where the Patient's condition requires it, and you will bear the cost of that assistance and transfer.

13.5Medicines, medical devices, consumables, nutrition and equipment supplied by the Client are administered or used as prescribed by the Patient's treating doctor. Mitra does not verify, and is not responsible for, the quality, authenticity, storage condition or suitability of anything supplied by the Client, nor for a prescription written by a practitioner not engaged by Mitra.

13.6Mitra's personnel act within the scope of their qualification, training and competency clearance. Mitra will not comply with a request to act beyond that scope, and a refusal to do so is not a deficiency in service.

14. Liability, indemnity and insurance

14.1To the extent permitted by law, Mitra's total aggregate liability to the Client and the Patient, whether in contract, tort, negligence or otherwise, arising out of or in connection with the Service, is limited to the amount paid by the Client to Mitra for the Service in the calendar month in which the event giving rise to the claim occurred.

14.2Mitra is not liable for indirect, incidental, special, punitive or consequential loss, or for loss of income, profit or opportunity, howsoever arising.

14.3Nothing in these Terms excludes or limits liability for death or personal injury caused by Mitra's own negligence, for fraud, or for any liability that cannot lawfully be excluded.

14.4You will indemnify and keep Mitra indemnified against all claims, proceedings, losses, damages and costs arising out of personal injury, illness, infection, death or loss of or damage to property suffered by a Care Professional, by Mitra's personnel or by any third party, to the extent attributable to the negligence, wilful act or omission of the Client, the Patient, any member of the household or any other person present at the Premises, or to the condition of the Premises.

14.5This indemnity binds your heirs, executors, administrators and legal representatives.

14.6Mitra maintains, at its own cost, professional indemnity insurance, commercial general liability insurance, employees' compensation cover and personal accident cover for its Care Professionals. Details of the cover in force will be provided on written request.

15. Complaints, internal review and escalation

15.1Any concern should first be raised with the supervisor named in your Service Order, or with Mitra's support desk. Mitra will acknowledge a written complaint within forty-eight hours.

15.2Complaints are handled as follows: (a) clinical and service-quality concerns are reviewed first by Mitra's clinical reviewer, who will examine the CareTrack record, the Care Plan and the evidence submitted; (b) claims for compensation or refund are then reviewed by Mitra's management; and (c) the decision is communicated to you in writing.

15.3You may appeal a decision in writing within seven days of receiving it. The appeal will be reviewed once, and the outcome of that review is final as between the parties.

15.4Mitra will endeavour to resolve every complaint within thirty days of receipt.

15.5Nothing in this clause limits your right to approach the District, State or National Consumer Disputes Redressal Commission, or any other statutory authority, under the Consumer Protection Act, 2019 or any other law.

15.6Grievance Officer: [name], [designation]. Email: [email]. Telephone: [phone]. Address: [address]. The Grievance Officer is designated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Personal Data Protection Act, 2023, and may be contacted in respect of data privacy, service quality or any other matter under these Terms.

16. Records, CareTrack and the closure report

16.1Mitra maintains a record of each Shift in CareTrack, including vitals, medication administered, intake and output, activity, observations and incidents. You may view the record for the Patient through the application or on request.

16.2The care record is Mitra's property and part of its clinical and legal records. You are entitled to a copy of the Patient's record, which will be provided within the period required by law and in any event within thirty days of a written request.

16.3At the end of an engagement, Mitra's supervisor will collect the records and provide you with a closure report summarising the period of care.

16.4Records are retained for the period required under applicable law and Mitra's retention policy, as described in Part B.

17. Communications

17.1You consent to receive communications from Mitra and from the assigned Care Professional and supervisor by telephone call, SMS, WhatsApp, email and in-application notification, in relation to assessment, scheduling, care, escalation, billing and feedback. Consent to these service communications may not be withdrawn while an engagement is live, as they are necessary to deliver the Service.

17.2You additionally consent to receive promotional communications from Mitra, including offers, newsletters and reminders. You may opt out of promotional communications at any time by using the unsubscribe link in any email, by replying as instructed in any message, or by writing to the Grievance Officer. An opt-out from promotional communications does not affect service communications.

17.3This consent operates notwithstanding any registration under the National Customer Preference Register or any equivalent do-not-disturb registry, to the extent permitted by law.

17.4Mitra may record telephone calls with you for quality, training and evidentiary purposes. Recordings are handled in accordance with Part B.

18. Website, application and intellectual property

18.1All content on Mitra's website and application — including text, graphics, logos, images, software, interface elements, the Care Levels Guide, care protocols, assessment forms and CareTrack — is owned by or licensed to Auronix Horizon Private Limited and is protected under Indian intellectual property law. All trade marks reproduced which are not the property of, or licensed to, Mitra are acknowledged.

18.2You may not reproduce, copy, modify, distribute, republish, sell or transmit any part of that content, nor circumvent, disable or interfere with any security feature or any limitation on use. Unauthorised use may give rise to a claim for damages and may be a criminal offence.

18.3Content on the website and application is provided for general information and is subject to change without notice. Neither Mitra nor any third party warrants the accuracy, timeliness, completeness or suitability of that content for any particular purpose, and Mitra expressly excludes liability for errors or inaccuracies to the fullest extent permitted by law. It is your responsibility to satisfy yourself that any service or information meets your requirements.

18.4The website and application may contain links to third-party sites. Those links are provided for convenience only, do not signify endorsement, and Mitra has no responsibility for the content of any linked site.

18.5Nothing on the website or application constitutes medical advice. It does not replace consultation with a qualified medical practitioner.

18.6Where you post a review, rating, photograph, video or other content on Mitra's platforms, you grant Mitra a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content, including on third-party platforms, for so long as you do not withdraw it. You warrant that the content is your own, is accurate, and does not disclose the personal or health information of any other person without their consent. Mitra may decline to publish, or may remove, any content.

19. Teleconsultation

This clause applies only if and to the extent Mitra offers teleconsultation.

19.1Teleconsultation connects the Patient with a qualified medical practitioner by audio or video through Mitra's platform. It is a remote advisory service only; it does not replace physical examination and is not suitable for an emergency.

19.2A cancellation more than one hour before the scheduled consultation incurs no charge. A cancellation within one hour, or a failure to attend, is treated as a completed consultation and no refund is payable.

19.3Where a consultation fails for a technical reason attributable to Mitra's platform, it will be rescheduled at no additional cost. A failure attributable to the Client's network or device does not entitle the Client to a refund or free rescheduling.

19.4A prescription or advice issued during a teleconsultation is the professional opinion of the consulting practitioner, is subject to in-person verification where required, and is governed by the Telemedicine Practice Guidelines issued under the Indian Medical Council regulations.

20. Medical equipment — rental and sale

This clause applies only if and to the extent Mitra rents or sells equipment.

20.1Equipment is delivered in clean and functional condition. You must inspect it and acknowledge receipt at delivery. A refundable security deposit may be collected, the amount of which will be notified at booking.

20.2You are responsible for the safekeeping of rented equipment for the whole of the rental period. It must be returned in the condition delivered, fair wear and tear excepted. Damage beyond fair wear and tear will be assessed and charged and may be deducted from the deposit. Loss or theft is charged at full replacement value.

20.3Late return beyond the agreed rental period attracts a per-day charge as notified at booking.

20.4Equipment sold by Mitra carries the manufacturer's warranty where applicable. Purchased equipment may be returned within forty-eight hours of delivery if unused, in its original packaging and undamaged. Consumables and hygiene products are not returnable once delivered.

20.5You are responsible for providing the conditions required for the safe and effective use of any equipment at the Premises, including a suitable power supply and space.

21. Palliative and long-duration care

This clause applies only if and to the extent Mitra offers a palliative care programme.

21.1Palliative and long-duration care is delivered within medically defined palliative protocols and is not a substitute for hospital-based or specialist inpatient care. The scope will be defined in writing at the time of engagement and agreed with the Client or the authorised family representative.

21.2Mitra does not guarantee any clinical outcome. Family members present during delivery must not interfere with or direct clinical decisions outside the agreed care plan. Changes to the plan must be requested through Mitra's coordination team and are implemented subject to clinical appropriateness and availability.

21.3On the death of the Patient, clause 10.8 applies.

22. Force majeure

22.1Mitra is not liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including natural disaster, flood, earthquake or severe weather; epidemic, pandemic or a declared public health emergency; government order, restriction, lockdown or regulatory change; civil unrest, strike or labour disruption; and power failure, internet outage or infrastructure breakdown.

22.2Mitra will notify you as soon as reasonably practicable and will use best efforts to reschedule or resume the Service. No penalty or liability arises from a disruption caused by such an event. Where the disruption continues for more than fourteen days, either party may terminate the engagement and clause 10 will apply to any unused advance.

/23. Changes to these Terms

23.1Mitra may revise these Terms at any time by publishing an updated version on its website with a revised effective date. Where a revision materially affects a continuing engagement, Mitra will give you not less than thirty days' notice, and you may terminate under clause 10.1 without penalty if you do not accept it. Continued use of the Service after the notice period constitutes acceptance.

24. Governing law, jurisdiction and general

24.1These Terms are governed by and construed in accordance with the laws of India. Subject to clause 15.5, the courts at Bengaluru, Karnataka have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

24.2If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remainder will continue in full force.

24.3A failure or delay by Mitra in enforcing any provision is not a waiver of it, and no single or partial exercise of a right prevents its further exercise.

24.4These Terms, together with the Privacy Policy, the Service Order, the Care Plan and the Care Levels Guide, constitute the entire agreement between the parties in relation to the Service and supersede all prior discussions and representations. No variation is valid unless recorded in writing and signed by or on behalf of both parties; for this purpose, writing does not include an exchange of informal messages.

24.5You may not assign or transfer your rights under these Terms. Mitra may assign or novate these Terms to any successor in business, or to any entity acquiring the whole or part of its undertaking.

24.6Notices to Mitra must be sent to the email and address set out in clause 15.6. Notices to you will be sent to the email address, postal address or mobile number recorded in your Service Order, and are deemed received on the day of sending if sent by email or message, and on the third working day if sent by post.

24.7Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Mitra, or between you and any Care Professional.

24.8These Terms are drawn in English. Where a translation is provided for convenience, the English version prevails.

25. Acceptance

By booking or receiving any service from Mitra, you affirm that you have read, understood and agreed to be bound by these Terms in their entirety, including in particular: the scope and limits of the Service and the Care Levels; your obligations towards Care Professionals under clause 7; the consent to legal action for misconduct under clause 8; the charges, advance payment and additional charges under clause 9; the cancellation, no-show and refund rules under clause 10; the non-solicitation undertaking and liquidated damages under clause 12; the acknowledgment of medical risk under clause 13; the limitation of liability and indemnity under clause 14; the internal complaints process under clause 15; and the Privacy Policy at Part B. If you do not agree, you must not book or receive our services.

B1. Who we are and what this policy covers

B1.1Mitra is the Data Fiduciary in respect of the personal data described in this policy, within the meaning of the Digital Personal Data Protection Act, 2023. This policy applies to every person who purchases, intends to purchase or enquires about any service from Mitra, through any channel, including our website, application, telephone helpline, WhatsApp, office and field personnel.

B1.2This policy does not apply to any third-party website, application or service, including any laboratory, practitioner or provider to whom you are referred, even where a link is provided. Those parties process data as independent data fiduciaries under their own policies, and you should review them.

B2. What we collect

B2.1Identity and contact data — name, gender, date of birth, address, telephone number, email address, and your relationship to the Patient.

B2.2Patient health data — diagnosis, medical history, current medication, allergies, mobility and continence status, communicable disease status, treating doctor's details, prescriptions, discharge summaries, assessment findings, and every entry made in CareTrack during the engagement, including vitals, medication administered, intake and output, observations, photographs of wounds where clinically necessary, and incident reports. Health data is sensitive personal data and is treated as such.

B2.3Identity documents — where required for verification, service continuity or statutory compliance, a copy of an identity document such as Aadhaar, PAN, passport, voter identity card or driving licence. We collect the minimum necessary and do not require any document that is not needed for the stated purpose.

B2.4Financial data — billing details, payment history and transaction references. Card and bank credentials are handled by our payment service provider; Mitra does not store full card numbers.

B2.5Communications — correspondence with us, WhatsApp and SMS exchanges, and recordings of telephone calls made or received by our support desk.

B2.6Technical and usage data — device type, operating system, IP address, application version, log data and, where you grant permission, approximate location for the purpose of assigning a nearby Care Professional.

B2.7Where you provide information about a person other than yourself, you confirm that you are authorised to do so and that the person has been informed.

B3. Why we process it, and on what basis

B3.1We process personal data to assess the Patient, determine the Care Level, prepare the Care Plan, assign and supervise Care Professionals, deliver and record care, escalate clinical events, raise invoices and collect payment, respond to complaints, meet statutory and regulatory obligations including under health, tax and labour law, defend or pursue legal claims, and improve our service.

B3.2The legal basis is your consent, given by accepting these Terms, and, where applicable, the legitimate uses recognised under the Digital Personal Data Protection Act, 2023, including the performance of the service you have requested, compliance with law, and response to a medical emergency or threat to life.

B3.3We process health data only to the extent necessary to deliver the service requested, to meet a legal obligation, or to respond to a medical emergency.

B4. Who we share it with

B4.1The Care Professional assigned to the Patient, and the supervisor and clinical reviewer responsible for that case, to the extent necessary for them to deliver and supervise care safely.

B4.2Service providers acting on our instructions — cloud hosting, application development and support, payment processing, communications and messaging providers, and background verification agencies (in respect of our own personnel, not of the Patient). These parties are bound by contract to process data only for the purpose for which it is shared and to protect it.

B4.3Laboratories, diagnostic centres, radiology providers and treating practitioners, where a test or consultation forms part of the service requested.

B4.4Insurers, auditors, legal advisers and professional advisers, where necessary to establish, exercise or defend a legal claim, or to meet a regulatory or audit requirement.

B4.5Law enforcement, a court, or any statutory or regulatory authority, where required by law or by a valid order; and where necessary to protect the safety of any person, to investigate suspected fraud, or to protect Mitra's rights and property. Disclosure under this clause may occur without prior notice to you where notice is prohibited or would defeat the purpose.

B4.6A successor entity, where Mitra's business or any part of it is transferred, merged, reorganised or acquired, subject to the successor being bound by this policy or a policy no less protective.

B4.7We do not sell, rent or trade personal data. We do not share personal data with advertisers or data brokers. We do not use health data for marketing, and we do not use it to train any automated system except in a form from which individuals cannot be identified.

B5. How long we keep it

B5.1We retain personal data for as long as necessary for the purpose for which it was collected, and thereafter for such period as is required by law — including medical record retention requirements, tax and company law, and the limitation period for a claim arising out of the care delivered.

B5.2Where data is no longer required, it is securely deleted or irreversibly anonymised. We may retain a minimal record of a deleted account where necessary for fraud prevention, statutory compliance or the defence of a claim.

B6. Security

B6.1We apply technical and organisational safeguards appropriate to the sensitivity of the data, including transport encryption, encryption of data at rest, role-based access so that a Care Professional sees only the Patients assigned to them, access logging, device controls on the CareTrack application, contractual confidentiality obligations on all personnel, and periodic review.

B6.2No system is entirely secure. Where a personal data breach occurs that affects your data, we will notify you and the Data Protection Board of India in accordance with applicable law and without undue delay.

B7. Your rights

B7.1You have the right to obtain a summary of the personal data we hold about you and the processing we carry out; to have inaccurate or incomplete data corrected, completed or updated; to have data erased where it is no longer required and no legal obligation requires its retention; to nominate another person to exercise your rights in the event of death or incapacity; and to withdraw your consent.

B7.2To exercise any of these rights, write to the Grievance Officer named in clause 15.6. We will respond within the period required by law and in any event within thirty days.

B7.3Withdrawal of consent will take effect prospectively. Because the data described in Part B2 is necessary to deliver care safely, withdrawal of consent during an engagement may require Mitra to suspend or terminate the Service, and clause 11 will apply. Withdrawal does not affect processing already carried out, nor data we are required by law to retain.

B8. Cookies, analytics and the application

B8.1Our website uses cookies and similar technologies to keep you signed in, remember preferences, measure usage and improve the site. Most browsers accept cookies by default; you may block or delete them, though some features may then not work.

B8.2Each visit generates session data, which may include IP address, browser and operating system type, and the pages viewed. We use this to diagnose problems and administer our systems.

B8.3The CareTrack application requests only the permissions necessary for the service: camera, to capture clinical images and documents where required; storage, to attach and save those documents; notifications, to deliver care and scheduling alerts; and approximate location, to assign a nearby Care Professional and to confirm attendance at the Premises. Each permission may be declined, in which case the related feature will not function. We do not request access to your contacts, messages, call logs, device identifiers or other applications.

B9. Recording inside the home

B9.1Where you operate a camera or recording device covering an area in which a Care Professional works, clause 7.10 applies and you must disclose it in writing before the Service begins. Recordings you make are processed by you, not by Mitra, and you are responsible for handling them lawfully, including in respect of the Care Professional's privacy.

B9.2Mitra's Care Professionals do not record audio or video at the Premises, and do not photograph the Patient, the household or the Premises, except where a clinical image is required for the care record or for escalation to a practitioner. Any such image is stored in CareTrack and handled as health data.

B10. Children and persons unable to consent

B10.1Where the Patient is a child or a person with a disability who has a lawful guardian, personal data is processed on the consent of the parent or guardian. We do not undertake tracking, behavioural monitoring or targeted advertising in respect of a child.

B11. Processing outside India

B11.1Personal data is processed primarily in India. Where a service provider engaged by us processes data outside India, that transfer is made only to a country not restricted by the Central Government, under contractual safeguards requiring protection no less than that provided under Indian law.

B12. Changes to this policy

B12.1We may update this policy to reflect changes in law, in our services or in our practices. The current version is published on our website with its effective date. Where a change is material, we will notify you.