Terms and Conditions
Elcare shall be entitled to modify these Terms and Conditions at any time, by posting the same on the Elcare platform. The use of the Elcare platform constitutes your acceptance of such Terms and Conditions and the rules, regulations, covenants, or conditions referred herein or provided by Elcare in relation to the Elcare platform, as may be amended from time to time. You may then exercise the options provided in such an email or notification, to indicate non-acceptance of the modified Terms and Conditions or the rules. If such an option is not exercised by you within the time frame prescribed in the email or notification, you will be deemed to have accepted the modified Terms and Conditions and the rules provided by Elcare on the Elcare platform.
The Elcare Platform is a digital offering by Elcare, a socially conscious for-profit eldercare services startup, through which it aims to provide end-to-end at-home care services and achieve its objectives of providing trusted, quality and convenient at-home healthcare and allied services for its members and their next of kin, namely, including but not limited to, convenience, security, safety, and community engagement through their network of ex-servicemen personnel and industry experts.
- USER REGISTRATION:
- To use the services offered by Elcare, you have to register and create and account on the Elcare platform, you shall do so after completing the registration process by, providing true, accurate, correct and complete information as prompted by the applicable registration form; and maintaining and updating true, accurate, correct and complete information provided by you during the registration process.
- You shall be required to login on the Elcare platform using the mobile number on which a One Time Password (OTP) will be delivered. Only after the confirmation of the same on the platform, the User shall be successfully logged-in, registered, and granted access to the platform.
- You shall be solely responsible for the registration information provided by you during the submissions, and the consequences of posting or publishing them. Elcare makes no guarantees and/or warranties as to the validity, accuracy, or legal status of any information/submissions.
- If, at any time, Elcare believes that your account and password is being misused in any manner, or that the information provided by you during the above stated registration process is not true, inaccurate or incomplete, then Elcare reserves all rights to terminate/cancel or suspend your account, block your access to the Elcare platform and take any other action as may be deemed necessary including but not limited to initiating any legal proceedings.
- You shall be solely and exclusively responsible for any and/or all the activities that are carried out through/on/under your account. You agree to notify Elcare of any unauthorized use of your account and/or any breach of security via email at firstname.lastname@example.org.
- Elcare shall not be liable for any loss that you may incur as a result of another person(s) using your account username and/or password and/or your failure to comply with this section. You shall be solely and exclusively liable for all the losses to Elcare and/or other claims, damages, fines due to such unauthorized use
- Registration as a ‘User’ on the Elcare platform is intended only for persons who are 18 years of age or above and Users below the age of 18 are strictly prohibited from accessing/using/logging in/registering on the platform. If the User is under 18 years of age, he/she shall not be permitted to use the platform. Elcare shall not be responsible and/or liable for any breach and/or non-compliance of this clause.
- Process of Registration: In order to successfully register as a User on the Elcare platform, the User shall be required to provide the following information:
- First Name
- Last Name
- Mobile Number
- Gender (Male/Female/Others)
- Email Address
- Profile Picture (select a picture/upload/take a picture)
- The User shall be required to provide true, accurate, correct and complete information as prompted by/under the registration form.
- Elcare shall reserve the right to pursue all and/or any available legal avenues against any User, if such User, is found to be in non-compliance of these Terms & Conditions, and/or has fraudulently and/or with a malafide intention and/or illegally and/or without authorisation, provided false information and/or has breached these Terms and Conditions of the Elcare Platform.
2. PROHIBITED USE:
- As a condition of your use of the Elcare platform, you shall not use the Elcare platform for any purpose that is unlawful or prohibited under these terms and conditions or under any Indian laws, statutes, order, ordinances and regulations. The duty to verify whether the use of the Elcare platform is legal in your jurisdiction is your sole and exclusive responsibility.
- You shall not display, upload, modify, publish, transmit, update or share any information and/or comment and/or material on the Elcare platform that is:
- criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behaviour, including masturbation, copulation, paedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behaviour or that shows scatological impropriety and any other content contravening good moral standards;
- attempting to circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the platform or the content therein;
- using exploits, automation software, hacks, mods or any other unauthorized software designed to modify or interfere with the platform, and taking advantage of exploits;
- using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
- interfering with, disrupting, or creating an undue burden on the platform or the networks connected to the platform;
- attempting to impersonate another User or person;
- soliciting personal information from anyone under the eighteen (18) years of age;
- collecting, harvesting, soliciting or posting passwords or personally identifiable information from other Users;
- using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
- using any information and/or access obtained from the platform in order to harass, abuse, or harm another person;
- using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
- using the platform and/or software in a manner inconsistent with any and all applicable laws and regulations;
- sub-license, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;
- access or use of a third-party account that has been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
- using the platform and/or materials for commercial purpose and in a manner inconsistent with the terms and conditions mentioned herein.
3. USER CONDUCT:
- You agree to abide by these Terms and Conditions and all other rules, regulations and Terms and Conditions of the Elcare platform. In the event you do not abide by these Terms and Conditions and all other rules, regulations and terms and conditions, Elcare may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating your access to all or any part of the platform; and
- de-activating or deleting your account and all related information and files on the account.
- You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Elcare). You further agree to update and keep updated your registration information as and when required by Elcare.
- You shall provide all the necessary documents and/or information as and when required by Elcare as per compliance of the Republic of India laws and regulations.
- You agree to ensure that you can receive all communication from Elcare by marking e-mails from Elcare as part of your "safe senders" list. Elcare shall not be held liable if any e- mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
- Any password issued by Elcare to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's password. You shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Elcare of any unauthorized use of your account or any other breach of security.
- You agree to exit/log-out of your accounts at the end of each session. Elcare shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
- You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the platform or assist in such activity.
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the platform.
- You agree that without Elcare’s express written consent, you shall not modify or cause to modify any files or software that are a part of the platform.
- You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the platform (each a "Server"); or (b) enjoyment of the platform by any other user or person.
- You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the platform or any other person's use or enjoyment of the platform.
- You shall not attempt to gain unauthorised access to the user accounts, servers or networks connected to the platform by any means other than the user interface provided by Elcare, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the platform.
- If you choose a username that, in Elcare’s opinion is considered to be obscene, indecent, abusive or that might subject Elcare to public disparagement or scorn, Elcare reserves the right, without prior notice, to change such username and intimate you or delete such username from the platform, deny you access to the platform, or any combination of these options.
- Use of the platform shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms and Conditions, shall limit the Elcare’s right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of the platform.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the platform or any other person's use or enjoyment of the platform.
- Users shall not attempt to gain unauthorised access to other User accounts on the platform by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the platform.
5. INTELLECTUAL PROPERTY RIGHTS:
- Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the Elcare platform (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the platform), trademarks and logos appearing on the platform are the property of Elcare and are owned & controlled by Elcare and/or by other parties that have licensed their material to Elcare.
- You shall not copy, reproduce, republish, upload, post, transmit or distribute the platform Material in any way, including by e-mail and/or other electronic means and whether directly or indirectly and/or assist any other person to do the same. Without the prior written consent of the owner of the Materials, modification, use of the Materials on any other web site and/or networked computer environment and/or use of the Materials for any purpose other than personal, non-commercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of Elcare and shall be prohibited.
- Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Elcare or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the platform, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
- The User hereby accepts and warrants that he/she shall indemnify Elcare and/or its affiliates and keep them indemnified against all costs, damages, penalties and liabilities arising from or incurred by reason of any wrongful use, storage or processing of any breach of his/her obligations or warranties under this Agreement.
- Use of brand name/s, trademark/s and Intellectual Property Rights of Elcare in any marketing and/or promotion activity by the User without Elcare's approval is prohibited.
- If at any time during the User's utilization and/or usage of the Platform, the User becomes aware of any threatened or actual unauthorized use or any misuse of any Intellectual Property Rights owned by Elcare, the User shall use all reasonable endeavors to directly notify Elcare in writing of the possible infringement or infringement and include all of the facts in reasonable detail.
- We, at Elcare, respect other people's intellectual property rights and if you believe that any content or material on the platform infringes on your intellectual property rights, you can write and inform us about the same at email@example.com.
6. REPRESENTATIONS & WARRANTIES:
- The User, not limiting the User’s statutory rights, expressly acknowledges and agrees to the following:
- The User uses the platform at the User’s own risk. Elcare expressly disclaims all express or implied representations or warranties.
- Each User shall bear their own risk concerning all the activities being undertaken by the User through the platform.
- The User understands that certain delays can occur in the platform’s system/network and therefore he/she shall not hold Elcare responsible for any system/network related problems.
- Elcare does not guarantee, amongst other things that:
- the platform will meet the user’s expectations;
- the platform will be accessible without interruption or in a timely, reliable or fault-free manner;
- the results obtained through use of the platform will be correct and reliable;
- the quality of the products, services, information or other material obtained by the User through the platform will meet the User's expectations.
- The User shall be solely responsible for damages to the User’s data system or for loss of data arising from downloads of content from the platform.
7. TERMINATION: We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the platform and/or remove any registration information or User content from the platform. Upon termination or expiration of the Terms and Conditions, your obligations and Elcare's rights and disclaimers survive, but your right to use the platform immediately ceases.
8. INDEMNITY: You agree to defend, indemnify and hold harmless Elcare, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right; (iv) any violation of applicable law, rules, regulation, orders and ordinance. This defence and indemnification obligation shall survive these Terms and Conditions.
9. NON-COMMERCIAL USE: The Elcare User’s Account is for the User’s personal use only and may not be used in connection with any commercial endeavors. Any use of the Elcare User Account in violation of the above provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking is prohibited. Elcare reserves all rights to suspend and/or terminate any User’s account for violation of the above stated and initiate any legal proceedings in order to safeguard its rights under this present T&C.
10. DISCONNECTION POLICY: Elcare shall not be liable for any network outage or any problems/interruptions with network connectivity as the same is beyond Elcare’s control. Elcare shall not be responsible and/or liable for any interruption in the platform caused at the User’s end due to an incoming call, message, chat, video call or any other interruption on the mobile phone device. In case of any interruption on the platform on the User’s device, the platform shall still continue and the User shall assume complete responsibility for such interruptions.
11. GOVERNING LAW & JURISDICTION: The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the platform provided by Elcare (including the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Members), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
12. DISPUTE RESOLUTION:
- If any question, issue, difference or dispute arises between the disputing parties as to the interpretation of these terms and conditions or as to the duties and/or liabilities of either Party to these Terms and Conditions hereunder or as to any matter and/or thing arising out of or under these Terms and Conditions, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions.
- In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by sole arbitrator to be appointed mutually by the disputing parties.The Arbitration proceedings shall be conducted at Mumbai in accordance with the Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time and the Award so made shall be final and binding on all the parties. The language of arbitration proceedings shall be English.
- The arbitrator shall be entitled and fully empowered to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- Nothing contained in these Terms and Conditions shall prevent Elcare from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Elcare’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Elcare to pursue any remedy for monetary damages through the arbitration described herein.
13. FORCE MAJEURE: Neither party to these Terms and Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events. Force Majeure and/or another event beyond Elcare’s control hindering, delaying or complicating the maintenance of the platform, shall entitle Elcare to suspend or limit the platform until further notice.
15. WAIVER: No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term and Elcare’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
16. SEVERABILITY: If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a while, and such provision shall be deleted without affecting the remaining provisions herein.
17. SUPPORT: Subject to the other provisions of this Terms and Conditions, Elcare will attempt to help the User of the platform with any queries or problems that he/she may face on the platform. To reach our customer support team, the User is required to e-mail us at firstname.lastname@example.org. It will expedite the User request for assistance by providing our representatives with all the information they need to solve the User’s problem as quickly as possible.
18. UPDATES TO THE PLATFORM: Elcare may find it necessary to update, add, remove or reset certain services to balance the use of the platform. Elcare reserves the right to make these updates and is not liable to the User for these changes. The User is requested to contact us at email@example.com for any questions regarding customer relations and any issues arising from the User’s activity on the platform.
19. INFORMATION SECURITY:
- We are committed to protecting the security of your personal information. Protection of the User Information, including the registration details the User provides to us, is a priority for us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
- Any personal information which identifies the User will be encrypted at all times whilst in transit over the internet. The technology used by us encrypts any information sent by the User on secured pages. Our server then reads the information using a private key. This means that your information is turned into a code that can only be decoded with the private key or password.
- Whilst neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.
- To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
- Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.
20. CONDITIONS OF USE: The Elcare platform is not available to any person previously removed and/or suspended and/or disbarred and/or disqualified from using the Elcare Platform by Elcare.
21. COMMUNICATION SUPPORT/NOTICES: All communications between the Users and Elcare shall be in written form via Electronic mail. All communications shall be in either English or Hindi. To contact Elcare in relation to any information about the Platform or for any customer support, the User is required to submit their request/report at firstname.lastname@example.org.