General Terms and Conditions
The purchase of any services offered by ElderAid (the “Company”, “We” or “Us”) are subject to, and conditioned upon, the terms and conditions set out herein (the “General Terms and Conditions”). Please read the following information carefully. In order for your subscription to be completed, you, the customer (the customer (“You” or “Your”) must indicate you accept these general terms and conditions by confirming your subscription as set forth below.
- The details of the services that you have subscribed to, the term of your subscription and the charges payable for the services are detailed in the subscription form.
- You confirm that all the details that you have provided or may provide to ElderAid (in the subscription Form, medical information form or other documents) are true, complete and accurate. You will inform ElderAid (in writing) if there is any change to any of this information and you will be solely responsible to keep all such information current, complete and accurate. ElderAid will not be responsible or liable for any loss or damage that may be suffered as result of acting on or relying on information provided by you.
- The employees or personnel of subcontractors engaged by ElderAid who are deputed to provide the Services (“ElderAid Personnel”) will act only on the basis of your express instructions/prior approval. You understand and agree that you have the absolute discretion with respect to actions to be undertaken by ElderAid Personnel as part of the Services and you are not obliged to accept any advice / recommendations provided to you by ElderAid or ElderAid Personnel. ElderAid shall not be responsible for any adverse consequences arising from your decisions or the activities performed by ElderAid Personnel under your instructions.
- You understand and acknowledge that except for the doctor who visits you for the at-home medical check-up or ElderAid Personnel who may be deputed to provide nursing support (if these Services form part of your subscription), the other ElderAid Personnel are not qualified medical or nursing professionals and do not provide any medical services.
- The contracted doctor who visits you for the at-home medical check-up (if these Services form part of your subscription) will undertake a routine medical examination and check your vital signs (temperature, blood pressure, and Random Blood Sugar). None of the ElderAid Personnel, including ElderAid appointed Caretakers who visit you, will administer medication to or for you; diagnose or treat your illnesses, injuries, or changes in medical condition; or provide any medical or skilled nursing services. You should seek appropriate medical advice from qualified medical professionals for all of your health care needs. ElderAid can assist you with finding qualified doctors and nurses to provide medical support.
- In the event that you are injured or ill while any ElderAid Personnel are with you, you hereby authorize ElderAid or ElderAid Personnel to take the appropriate measures, including contacting emergency service/ambulance and/or the concerned hospital as specified in the Medical Information Form and to follow the instructions prompted by them. ElderAid will also attempt to contact the emergency contact(s) detailed in your Subscription Form. However, if medical care becomes essential before the emergency contact can be reached or before the emergency contact is available at the medical facility, you give permission to ElderAid and ElderAid Personnel to make such decisions as may be necessary to ensure that you are admitted at the medical facility and receive appropriate treatment you may need as deemed appropriate by the hospital or doctor attending to you.
- ElderAid and ElderAid Personnel are not authorized to accept, have custody, of or have the use of your cash, credit or debit cards, cheques or any other valuables belonging to you. You are solely responsible for the safety and security of all of your valuable and ElderAid will not be responsible or liable for any such unauthorized use or misappropriation of valuables. Any and all suspicions of theft or misappropriation of valuables by any ElderAid Personnel must be intimated to ElderAid in writing with proof of the allegations to enable ElderAid to take appropriate action against the concerned ElderAid Personnel, if necessary. ElderAid will investigate the allegations and take appropriate action based on its own investigations as it may deem appropriate in its sole discretion.
- ElderAid and ElderAid Personnel are not responsible for handling any of your financial matters including payments for third party goods or services that you may avail of. You will be solely responsible for all payments due for third party goods and services that you may purchase/avail of.
- In consideration of ElderAid providing you with the Services, you agree to pay ElderAid directly for all Services provided in accordance with the rate Card. You agree that you are be responsible to pay the applicable charges for the Services.
- If you consider that any of ElderAid’s personnel are unsuitable to provide Services as required or should be removed from the provision of Services to you on account of any misconduct conducted by such personnel, then you may require ElderAid to replace the relevant personnel. While requesting such replacement you must inform ElderAid of the details of the inability of the ElderAid personnel or the misconduct committed as the case may be to enable ElderAid to investigate the matter. On receipt of any such request, ElderAid will immediately remove the concerned ElderAid personnel from providing Services to you and provide a replacement at the earliest possible.
- ElderAid will make commercially reasonable efforts to provide the Service that you have subscribed to in a professional manner and in accordance with relevant, general industry practice. Except as expressly warranted above, ElderAid does not warrant, and hereby expressly disclaims all warranties, whether expressed or implied, including but not limited to those of merchantability or fitness for any particular purpose. ElderAid does not make any warranty that the Services will meet your requirements or that it will be free from defects or deficiencies.
- You understand and acknowledge that there are some inherent risks in the provision of the services that are not possible to eliminate and therefore, it is not the responsibility of ElderAid to eliminate all such risks. Use of the services is at your own risk and guarantees are given by ElderAid vis-à-vis the Services or the ElderAid Personnel. ElderAid is not responsible for any financial loss, harm, injury or death that may be caused by the rendering or failure to render the Services. Without prejudice to the above, notwithstanding anything contained in these terms, ElderAid’s liability for damages, if any, will not exceed the amount received by ElderAid from you. If you have not paid ElderAid, ElderAid will not be liable to you for any damages.
- Under no circumstances will ElderAid be liable for any failure, delay, defect or deficiency in the provision of the services caused by any person or event beyond the reasonable control of ElderAid.
- You agree that any time during your subscription for the Services and for a period of sixty (60) days thereafter, you will not, directly or indirectly, hire any ElderAid Personnel, on any basis whatsoever, nor will you directly or indirectly, solicit, induce, recruit or encourage any of ElderAid’s Personnel to leave their employment or engagement with ElderAid. If you violate this agreement, it will damage ElderAid and therefore, if you breach this agreement, you agree that you will be liable to pay liquidated damages in the sum of Rs.50,000 (Rupees Fifty Thousand Only) for each ElderAid Personnel employee wrongfully solicited as set forth herein, plus additional damages as may be allowed by law.
- These terms together with the documents referred in these terms constitutes the entire agreement between ElderAid and you regarding the Service.
Cancellation and Refund
- You may terminate your subscription at any time by giving prior notice of at least seven (7) days or payment of charges in lieu of such notice. We may terminate your subscription by giving prior notice of at least seven (7) days. Either of us may terminate the subscription forthwith if the other is in violation of any of these terms. If your subscription is cancelled / terminated during an ongoing term, you will be entitled to refund of the amounts paid in advance, after pro-rated deduction for the completed term of your subscription.
- In order to complete your subscription, we will collect certain information from you, including certain personal details such as age, gender, etc., and may share it with third-party service providers on an as-needed basis only. We may also collect your credit card, debit card and other bank account details if you choose any of these mediums to make payments to the Company.
We aim to maintain the privacy of the information provided by our customers and will share only such information with third parties as is necessary for the purposes of providing Services. ElderAid can use anonymised customer information for training and assessment purpose without disclosing customer identification at any given point of time.
Sensitive customer information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share your personally identifiable or other information to third parties except as expressly provided in these general terms and conditions or otherwise after having obtained your consent and permission. Notwithstanding this clause, we may disclose and share your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Competent courts located in Bangalore shall have exclusive jurisdiction in connection with any matter arising from or relating to these Terms, or the use of any Service, to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.