RosterExe Terms of Use

These Terms of Use (the "Terms") constitute a binding agreement between you and the person operating the RosterExe platform ("RosterExe", "we", "us" or "our"). Please read them carefully. By creating an account on, or by otherwise using, the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

These Terms are an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder. They are generated by a computer system and do not require any physical or digital signature.

1.1 In these Terms, unless the context otherwise requires:

(a) "Service" means the RosterExe website, web application and application programming interfaces, and every feature made available through them;

(b) "Institution" means a hospital, clinic, ward, department or other organisation that uses the Service to manage its staff, and includes a ward that an individual has established on the Service on their own account;

(c) "Administrator" means a User who manages an Institution or a ward on the Service, including a hospital administrator and a ward administrator;

(d) "User" or "you" means any person who creates an account on or uses the Service, whether on their own behalf or on behalf of an Institution;

(e) "Content" means any information, data, text or other material entered into, uploaded to or transmitted through the Service;

(f) "Roster" means any schedule of duties, shifts, leave or availability created, generated, displayed or published through the Service; and

(g) "Applicable Law" means every statute, rule, regulation, order and binding professional standard in force in India that applies to the matter in question.

1.2 Headings are for convenience only and shall not affect the interpretation of these Terms. The words "include" and "including" are illustrative and do not limit the words that precede them. Words in the singular include the plural and vice versa.

2.1 You may use the Service only if you have attained the age of eighteen years and are competent to contract under the Indian Contract Act, 1872.

2.2 If you use the Service on behalf of an Institution, you represent and warrant that you are duly authorised to bind that Institution to these Terms, and references to "you" include that Institution.

3.1 The Service is an administrative tool for organising duty rosters, staff availability, leave, shift exchanges and related communication within an Institution.

3.2 The Service is not a clinical system or a medical device. It does not make clinical decisions and does not determine or certify safe staffing levels. We are not an employer or a staffing agency, and we are not a party to any contract of employment or engagement between an Institution and any person.

3.3 We do not verify the identity, qualifications, professional registration or fitness to practise of any User.

3.4 The Service is not a means of summoning assistance or of conveying urgent clinical information. Notifications may be delayed or may fail to be delivered, and no User shall rely upon them for any time-critical matter.

4.1 Each Institution alone determines its staffing. Each Institution, and each Administrator acting on its behalf, remains solely responsible for:

(a) determining the number, qualifications and experience of the staff required for every shift;

(b) reviewing every Roster before it is published, and satisfying itself that the Roster is safe and adequate for the care of its patients;

(c) compliance with Applicable Law and with every contractual and professional obligation that applies to it, including those relating to working hours, rest periods, leave and the registration of its staff; and

(d) the accuracy and lawfulness of all Content that it or its staff enter.

4.2 The Service prepares Rosters from the requirements that an Institution sets and the availability that its staff declare. Warnings, gaps and other indications displayed by the Service are informational only. Any decision to act upon, disregard or override them is the decision of the Institution alone.

5.1 Where the Service enables an Institution to publish vacant shifts and enables Users to apply for them (the "Marketplace"), we act solely as a platform through which that information is published and exchanged. We do not guarantee that any shift will be filled or that any application will be accepted.

5.2 An Institution that engages any person through the Marketplace is solely responsible for verifying that person's identity, qualifications, professional registration and fitness to practise; for settling the terms of the engagement, including remuneration; and for compliance with Applicable Law in respect of the engagement, including the law relating to taxation and labour.

5.3 Any remuneration shown on the Marketplace is stated by the Institution. The Service does not process any payment between an Institution and any person, and every such payment is made directly between them.

5.4 A User who applies through the Marketplace is responsible for the accuracy of their application and for holding every registration and qualification that the shift requires.

6.1 You shall provide accurate and complete information when creating your account, and shall keep that information current.

6.2 You shall keep your credentials confidential and shall not share your account. You are responsible for all activity carried out through your account, and shall notify us without delay, at the address given in clause 17, if you believe that your account has been accessed without your authority.

6.3 Where you enter information about another person, you represent that you are lawfully entitled to do so.

7.1 You shall not, and shall not attempt to:

(a) use the Service for any purpose that is unlawful or prohibited by these Terms;

(b) access any account, data or part of the Service that you are not authorised to access, or circumvent any security or access control;

(c) interfere with or disrupt the integrity, security or performance of the Service, or introduce any virus or other malicious code;

(d) copy, modify, reverse engineer or decompile the Service, or extract data from it by automated means, save to the extent that Applicable Law expressly permits;

(e) host, display, upload, share or transmit any Content that belongs to another person and to which you have no right; that is defamatory, obscene, invasive of another person's privacy, or harassing; that is harmful to children; that infringes any patent, trade mark, copyright or other proprietary right; that deceives or misleads the recipient about its origin or impersonates another person; that threatens the unity, integrity, defence, security or sovereignty of India, or public order; or that otherwise contravenes Applicable Law; or

(f) use the Service to store or process personal data that you have no lawful basis to hold.

7.2 We may remove Content, and may suspend or restrict any account, where we reasonably believe that clause 7.1 has been breached, that an account presents a security risk to others, or that we are required to do so by Applicable Law.

8.1 Personal data is processed in accordance with the Digital Personal Data Protection Act, 2023 and the rules made thereunder (together, the "DPDP Act").

8.2 Where an Institution determines the purpose and means of processing personal data relating to its staff, that Institution acts as the Data Fiduciary in respect of that data, and we process it on the Institution's behalf in accordance with the instructions it gives through the Service. Each Institution is responsible for having a lawful basis for the personal data that it enters or causes to be entered. In respect of the information that you provide to create and maintain your own account, we act as the Data Fiduciary.

8.3 We process personal data only to provide, secure, support and improve the Service, to communicate with Users about the Service, and to comply with Applicable Law.

8.4 You may close your account at any time from within the Service. Your personal data is thereafter retained for a grace period of thirty days, during which the closure may be reversed upon request, and is then erased; save that a minimal record, comprising your name, your designations, the names of the Institution and wards in which you worked, the dates of your first and last duties and the number of duties you worked, is retained for ten years from your last duty, because an Institution may be required to establish who was on duty in legal, regulatory or employment proceedings. Your contact details, credentials, messages, stated availability and preferences do not form part of that record.

8.5 Subject to the DPDP Act, you may exercise your rights to obtain information about the processing of your personal data, to seek its correction, completion, updating or erasure, to withdraw any consent on which processing is based, to nominate another person to exercise your rights, and to have your grievances redressed, by writing to the address given in clause 17. Where your personal data is processed on behalf of an Institution, we may refer your request to that Institution. You may approach the Data Protection Board of India after exhausting the grievance redressal mechanism described in clause 17.

8.6 We maintain reasonable security safeguards to protect personal data, and shall give notice of any personal data breach as required by Applicable Law.

9.1 The Service, including its software, design and trade marks, is owned by us or our licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Service for its intended purpose.

9.2 As between you and us, Content remains the property of the person who provided it or of the Institution concerned. You grant us a non-exclusive, royalty-free licence to host, store, process, transmit and display Content solely to the extent necessary to provide the Service and to comply with Applicable Law.

9.3 If you provide us with suggestions or feedback, we may use them without restriction and without any obligation to you.

10.1 Certain features of the Service are available only on paid plans. The fees, billing period and other commercial terms of a paid plan are those agreed in writing, including by email, when the plan is taken up. Fees are exclusive of applicable taxes, including goods and services tax, which shall be payable in addition.

10.2 We may suspend the features of a paid plan if fees that have fallen due remain unpaid after we have given notice.

11.1 We shall use reasonable endeavours to keep the Service available, accurate and secure, and to give advance notice of planned interruptions where reasonably practicable.

11.2 The Service relies upon third-party infrastructure, including hosting, content delivery, email and push notification providers, and its availability may be affected by those providers.

11.3 We may modify, add or withdraw features of the Service. Where we propose to discontinue the Service as a whole, we shall give Users reasonable prior notice.

12.1 To the fullest extent permitted by Applicable Law, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted or free from error, that it will be fit for any particular purpose, or that any Roster produced through it will satisfy any legal, regulatory or professional standard applicable to you.

13.1 Nothing in these Terms excludes or limits any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Applicable Law. This clause 13.1 prevails over every other provision of these Terms.

13.2 Subject to clause 13.1:

(a) we shall not be liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, goodwill, anticipated savings or data, howsoever arising;

(b) we shall not be liable for any loss arising from a staffing decision taken by an Institution, from a Roster approved or published by an Institution, from Content entered by any User, or from any failure to act upon a warning displayed by the Service; and

(c) our aggregate liability arising out of or in connection with the Service in any period of twelve months shall not exceed the fees paid to us for the Service, during that period, by you or by the Institution on whose behalf you act or, where no such fees were paid, five thousand rupees (INR 5,000).

13.3 The limitations in this clause 13 reflect a fair allocation of risk: the Service is provided at low or no cost, and each Institution retains the clinical judgement for, and the benefit of, its staffing decisions.

14.1 Each Institution shall indemnify us against all losses, liabilities and reasonable costs, including reasonable legal fees, arising from any claim brought by a third party, to the extent that the claim arises from (a) a staffing decision taken, or a Roster published, by that Institution; (b) Content that the Institution or its staff entered without a lawful basis; or (c) a breach by the Institution of these Terms or of Applicable Law. This indemnity shall not apply to the extent that the loss was caused by our own breach of these Terms, negligence or wilful misconduct.

15.1 You may cease to use the Service, and may close your account, at any time from within the Service.

15.2 We may suspend or terminate your access to the Service (a) if you commit a material breach of these Terms and, where the breach is capable of remedy, fail to remedy it within a reasonable period after we ask you to do so; or (b) with immediate effect, where suspension is necessary to protect the security of the Service or of other Users, or is required by Applicable Law.

15.3 Upon termination, your right to use the Service ceases, and clause 8.4 continues to govern the retention of your personal data. Clauses 8, 9.2, 12, 13, 14, 17, 18 and 19, and all rights and obligations that accrued before termination, shall survive termination.

16.1 We may amend these Terms from time to time. Each version is published with a version identifier, and its exact text is retained as a record of what was accepted.

16.2 Where an amendment materially affects your rights or obligations, we shall notify you within the Service before it applies to you and ask you to accept the amended Terms. Until you accept them, the version that you last accepted continues to govern your use of the Service. If you do not wish to accept an amendment, you may close your account.

16.3 An amendment that does not materially affect your rights or obligations, including a correction or a change required by Applicable Law, takes effect upon publication.

17.1 Questions, complaints, requests concerning personal data and legal notices shall be addressed to the Grievance Officer of RosterExe at support@rosterexe.com, or may be raised from within the Service. We shall acknowledge and resolve grievances within the periods prescribed by Applicable Law.

17.2 We may give notice to you by email to the address associated with your account, or by notification within the Service.

18.1 These Terms, and any dispute or claim arising out of or in connection with them or with the Service, shall be governed by and construed in accordance with the laws of India.

18.2 Subject to clause 18.3, the courts at New Delhi shall have exclusive jurisdiction over any such dispute or claim.

18.3 Nothing in these Terms limits any right that you may have to approach a consumer commission under the Consumer Protection Act, 2019, the Data Protection Board of India, or any other forum whose jurisdiction cannot be excluded by agreement.

19.1 Severability. If any provision of these Terms is held to be invalid or unenforceable, it shall be read down to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect.

19.2 Entire agreement. These Terms, together with any written agreement for a paid plan, constitute the entire agreement between you and us concerning the Service. Where a written agreement executed with an Institution conflicts with these Terms, that agreement shall prevail to the extent of the conflict.

19.3 Waiver. No failure or delay in exercising any right under these Terms shall operate as a waiver of that right.

19.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer these Terms, including to a company incorporated to carry on the business of the Service, and shall notify you of any such assignment.

19.5 Force majeure. Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural calamities, epidemics, acts of government, war, civil disturbance, and failures of utilities, networks or third-party infrastructure.

19.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.

19.7 Language. These Terms are drawn up in the English language. Any translation is provided for convenience only, and the English text shall prevail.

By creating an account, you confirm that you have read, understood and accepted these Terms.