TERMS AND CONDITIONS
This website (“Website”) is owned, hosted and maintained by Carebuddy India and its affiliates (“Company/us/we/our”) and which provides information about Company’s services of care designed exclusively for elders delivered at the elder’s current home and offers various plans to the registered users. These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between Company and the user. By using this Website, per se, you agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the use of this Website and any content made available from or through this Website
By accessing this Website, the user warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. We may change these terms at any time without any prior notice in writing or otherwise to the user, by posting changes on the Website. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our Website by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on Website, we reserve the right to seek all remedies available by law and in equity for such violations.
- We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to the user if for any reason the Website or its content is unavailable at any time and/or for any period.
- The user is also responsible for ensuring that all persons who access our Website through the user’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.
- The user is responsible for making all arrangements necessary for the user to access the Website (including, having access to an internet connection and an appropriate browser).
These T&C shall continue to be valid and binding upon the users until, the user continues to access and use the Website. We may suspend or terminate the user from the use of the Website at our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under this T&C, these T&C will survive indefinitely unless and until we choose to terminate them.
- The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.
- The user must be above 18 (eighteen) years of age and must be a citizen of India. However, if the user is below 18 (eighteen) years of age then the user must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: (i) user’s actions; (ii) user’s use of any of the services, information and functions made available on the Website or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Website; and (iii) user’s acceptance and compliance with these T&C. If the user is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), user must stop using/accessing the Website.
- The user should be of sound mind and should have a firm contractual capacity.
- The user must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.
- It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public sections/forums.
- The user agrees to use our Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of our Website.
- The user will not copy, reproduce, republish, download, make available to the public, or otherwise use our Website and/ or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter, or create a derivative work from any our Website and/ or content except for the user’s own personal, non-commercial use. Any other use of our Website and/ or content requires the prior written permission of us.
- Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data, or materials on the Website, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. The user further agrees that he/ she/ it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/ she/ it does not acquire any ownership rights by downloading any copyrighted material from or through the Website. If the user makes other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.
- In connection with submissions by users, user further agrees that he/she/it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein
- Company does not endorse any user submission, or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with user submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, will remove all content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Company reserves the right to remove content and user submissions without prior notice.
- The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Company, independent professionals/experts, visitors to the Website or others, is solely at the user’s own risk. BY USING THE WEBSITE, YOU AGREE TO USE THE WEBSITE FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR ANY MEDICAL PURPOSES. ANY INFORMATION SHARED BY THE INDEPENDENT PROFESSIONALS/EXPERTS ON THE WEBSITE SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH ISSUES.
- The user may be able to link from the Website to third party sites and third-party sites may link to the site (“linked sites”). The user acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code, or other materials presented on or through such sites. The inclusion of any link to such sites on our Website does not imply Company’s endorsement, sponsorship, or recommendation of that site. Company disclaim any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any site to which links are provided on this Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third-party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.
- The user agrees, understands, confirms, and states that the card details provided by the user to transact on the Website will be correct, accurate and is owned by the user. In the event user uses a card belonging to any third party, then, user confirms that user has been authorized to or expressly permitted by such third party to use the card for making payments. The liability for use of a card fraudulently will solely be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
- The prices for services are described on the Website and are incorporated into these terms by reference. All prices are in Indian rupees and are exclusive of applicable tax. The prices, products and services are subject to change at the Company’s discretion.
- Based on the information provided by the user and subject to the Company’s verification of the same, the requests will be accepted by the Company for processing and the same will be confirmed via e-mail.
- User can purchase a service plan as detailed under the Website or email us at [email protected]
- All services/service plans and information displayed on the Website constitute an “invitation to offer”. Request for booking of any service plan by a user shall constitute an “offer” which shall be subject to the terms and conditions as detailed in this Agreement and the relevant service plan. The Company may accept or reject user’s offer in its sole discretion which cannot be contested by the user.
- The Company provides an opportunity to the user to purchase its services through various service plans.
- Once the request is placed it is an express intention to purchase Company’s services as per the service plans and the same may not be cancelled except as provided hereunder.
- All requests will be processed once the Company receives the payment for the service as detailed under the service plan
- In the event of any inadvertent mistake by the Company in quoting the price of a service plan, the Company will notify the user of the error before the payment is processed. The User will then have the choice to either accept the correct price or to cancel its request.
- The Company accepts online payment via Credit Card, Debit Card and Net Banking. The user is solely responsible for all charges owed for all goods and services booked and/or purchased through the Website. The products and services of the Company can be purchased by a user by one-time lump sum payment or through easy monthly instalments as provided on the Website.
- User shall be solely responsible for compliance of all applicable laws for making payments to Company. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any user using the Website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these T&C.
- The content and other information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, Company:
- excludes all representations and warranties relating to this Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Website; and
- excludes all liability for damages arising out of or in connection with the disclosure of the information and/or user’s use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised Company of the possibility of such potential loss), damage caused to the user in any manner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- The use of this Website is entirely at the user’s own risk, and in no event shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Website or sites accessed through this Website, and/or content or information provided herein. COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION USER TAKES BASED ON THE CONTENT AVAILABLE ON THE WEBSITE. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT ON THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. The user’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
- The user agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms.
- The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Website, and that the user agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the Website.
INTELLECTUAL PROPERTY RIGHTS
- The users agree and acknowledge that any infringement of the intellectual property rights of Company and/or its affiliates will result in legal action against the user.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark “Carebuddy”, and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce, or distribute any content from the Website belonging to Company and/or its affiliates.
- The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Company and/or its affiliates, as the case maybe or respective third parties. The user is not permitted to use the same.
- Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other Websites linked to the Website that you may find or access. It is Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.
- All content is available on “as is” basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on Website. The opinions expressed in Website are the opinions of the individual author/ independent professional or expert and do not reflect the opinions of Company.
- Company makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website. We do not guarantee that the Website will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked Website/website/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
APPLICABLE LAW AND JURISDICTION
These T&C are governed by the Indian laws, without respect to its conflict of laws principles. The courts of New Delhi shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the Website. The parties expressly agree that in case any dispute arising out of services rendered, access or use of the Website or content they shall make all attempts to resolve it by amicable settlement and discussion.
These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.
Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address: [email protected]