Definitions

In this AGREEMENT unless there is anything repugnant to the subject, meaning or context thereof, the following terms, when capitalized, shall have the following meaning assigned to them:

“AGREEMENT” means the AGREEMENT executed between the User and the Company including the Special Terms and Conditions, the Platform Terms and Conditions and all annexure annexed therto as amended, modified or updated from time to time;

 

“CARE APPRAISAL DOCUMENTS” means the Enrolment Form and/or such other documents provided or filled out by or on the instructions of the USER either on behalf of himself or herself (if the SERVICES are to be utilized by the USER personally) or on behalf of the SERVICE RECIPIENT for whom the SERVICES are to be availed detailing the SERVICE RECIPIENTs medical conditions, medication and any other needs;

 

“FEEDBACK” means information requested from the USER by the Company regarding the provision of the SERVICES;

 

“NOTICE” means all notices, requests, consents, claims, demands and other communications included in this AGREEMENT;

 

“PERSONAL DATA” means any information relating to an identified or identifiable natural person including information provided in the CARE APPRAISAL DOCUMENTS;

 

“PERSONNEL” means the persons identified and engaged by Company who will be responsible for providing the Service(s) or any part of the Service(s) offered by the Company to the SERVICE RECIPIENT Person; 

 

“PLATFORM” means the WEBSITE and mobile application-based portal maintained by the Company for provision of SERVICES;

 

“PLATFORM PRIVACY POLICY” means the privacy policy uploaded and published on the PLATFORM of the Company and updated from time to time at the sole discretion of the Company;

 

“PLATFORM TERMS AND CONDITIONS” means the Terms and Conditions uploaded and published on the PLATFORM of the Company including the Platform Privacy Policy and updated from time to time at the sole discretion of the Company;

 

“SERVICES” means the Elderly Care SERVICES offered by the Company ;

 

“SERVICE PLANS” or “PLANS” means the different PLANS consisting of a set of SERVICES offered by the Company either on its PLATFORM or otherwise for the USER to choose from based on their requirements for the SERVICES FEE; 

 

“SERVICE FEE” means the fee payable to the Company by the USER for availing any of the SERVICES as per the Service Plan.;

 

“SERVICE RECIPIENT” means the elderly person or the senior citizen who is availing or for whom the SERVICES are being availed from the Company;

 

“WEBSITE” means the WEBSITE operated by the Company which is presently www. ___.com, as updated or otherwise modified from time to time and includes any and all information, text, images and other materials and content appearing on or incorporated into that WEBSITE and updated from time to time;

 

“TERMS” means the Specific and General Terms and Conditions set out hereunder, the CARE APPRAISAL DOCUMENTS, the PLATFORM TERMS AND CONDITIONS and the PLATFORM PRIVACY POLICY as updated from time to time by the Company at its sole discretion which govern use of the SERVICES by the USER/ Service Recipient;

 

“THIRD PARTY SERVICE PROVIDER(s)” means any third party, wherever situated, selected by the Company to render the Service(s) or any part of the Service(s) offered by the Company.

 

“USER” means the contracting party signing this AGREEMENT for availing the SERVICES from the Company either for himself or herself or for an Elderly Person. In the event, the USER/ Contracting Party is not the same as the Elderly Person for whom the SERVICES are contracted under this AGREEMENT, the term USER/ Contracting Party shall mean and include such Elderly Person as well.

 

SERVICES 

The Company shall provide a host of non-medical SERVICES, through their PLATFORM or otherwise, individually or as part of a Service Plan, for a SERVICES FEE, including but not limited to the SERVICES given in Schedule I hereto (hereinafter individually referred to as “Service” and collectively referred to as “SERVICES”). The SERVICES listed in Schedule I are indicative and are updated from time to time on the PLATFORM of the Company. 

 

All SERVICES will be provided through a PERSONNEL or Third-Party Service Provider based on the nature of the request. 

 

A service request needs to be created at least 48 hours before the date of the service to ensure a best possible match.

 

Changes to Service

The USER agrees and understands that the Company Provider may, at any time and without notice to the USER, withdraw, discontinue, suspend. modify or amend any of the Service(s), in its sole discretion for any reason or no reason at all; 

 

The Company will not be liable if, for any reason, all or any part of Service is unavailable or is modified at any time or for any period. From time to time, the Company may restrict access to some parts of Service, or the entire Service, to the USERs/ Service Recipients.

 

It is however clarified that in the event of either withdrawal or discontinuance or suspension of any SERVICES for which the USER has already paid SERVICES FEE, the Company shall, at its discretion, either endeavor to provide the said Service (as withdrawn, discontinued or suspended) to the extent of the payment made or refund in full the amount of SERVICES FEE paid towards such Service as withdrawn, discontinued or suspended.

 

The Service Provider will have no liability whatsoever as a result of any change or modification to the Service(s).

 

The Company shall not be held liable for any inconvenience, loss, damage or injury caused to the USER, whether direct or indirect, for any reason whatsoever for such withdrawal, discontinuance, suspension or amendment of any of the Service(s)

 

The Company retains its right to restart any of such Service that has been withdrawn, discontinued or suspended

 

Commencement of Service

The SERVICES shall commence within 24 hours from the USER signing and executing the Enrolment Form and this AGREEMENT and making payment of the SERVICES FEE in advance for the first month of the service as per the terms of payment of the SERVICES FEEs as mentioned in Clause 5 below. 

 

It is clarified that all PERSONAL DATA provided by the USER of the Service Recipient in the CARE APPRAISAL DOCUMENTS shall be subject to the Privacy Policy of the Company as disclosed on the PLATFORM of the Company. 

 

The said Agreement together with the Enrolment Form and the terms and conditions of the Agreement along with the Platform Terms and Conditions shall govern the terms of the Services between the User and the Company.

 

SERVICE FEE

Depending on the Services availed by the User, the Company shall intimate the Service Fees payable in respect of the same. 

 

The Service Fees payable as well as the payment terms and mode of payments shall be specified in the Agreement executed between the User and the Company.

 

The Company reserves its right to modify or change or revised its SERVICE FEEs for the SERVICES to be provided to the USER without any prior intimation to the USER. Such revision of the SERVICE FEEs shall be communicated to the USER and such updation shall be deemed to be considered a part of this AGREEMENT.  

 

In addition to the SERVICE FEEs, the USER will be responsible for all applicable taxes in relation to availing the Service(s);

 

The SERVICE FEE once paid is non-refundable unless the Service Provider was unable to perform the Service(s) except due to force majeure or other unavoidable circumstances. 

 

Any change, increase or modification in the Services to be provided by the Company, will result in a change in the Service Fees payable, which is agreed to by the User. The continuation of such changes, increased or modified Services by the Users would imply their acceptance to pay the revised Service Fees. 

 

Booking of Service(s) 

The USER shall book a SERVICE on the PLATFORM and/or by text message on the contact number provided by the Company. The Company shall endeavour to respond to the request within 48 hours of booking. 

 

Engagement of PERSONNEL or Third-Party Service Providers

The Company shall have the sole and absolute discretion to decide whether a Service should be rendered through their PERSONNEL or through a Third-Party Service Provider. 

 

The Company will check the background of the PERSONNEL via third party background check SERVICES. The Company does not guarantee or warrant and makes no representations regarding the reliability, quality or suitability of any PERSONNEL and/or Third-Party Service Provider for any of the Service(s) rendered by them. It is the sole responsibility of each USER to ensure that they are satisfied with the suitability, qualifications and capability of each PERSONNEL and/or Third-Party Service Provider whose Service(s) the USER is availing. 

 

In the event of any USER Recipient being dissatisfied by the performance of Service(s) by any PERSONNEL or Third-Party Service Provider, the Company shall attempt to not assign the same PERSONNEL or Third-Party Service Provider to the said USER in the future. 

 

The provision of Service(s) by a Third-Party Service Provider will be subject to their terms and conditions. The Service Provider shall not be vicariously liable for any acts or omissions of the Third-Party Service Provider. 

 

Finding suitable PERSONNEL or Third-Party Service Provider is not guaranteed for all service requests. 

 

The match between a PERSONNEL or Third-Party Service Provider and a service request is done on a best-effort basis.

 

The Company will not be liable for physical, financial or property damage during the execution of a visit by the PERSONNEL or Third-Party Service Provider. 

 

Emergency Hospitalization/ Hospital Visits

The Company does not undertake to provide any medical care or assistance whatsoever. However, in the event of a medical emergency, the USER or Service Recipient can contact the Care Coordinator and the Company shall endeavour to send its PERSONNEL or THIRD PARTY SERVICE PROVIDER to arrange for emergency hospitalization. It is explicitly provided that the Company shall not be held liable for such service and shall only put in best efforts to provide emergency response in such situations.

 

Upon receiving a call from the USER, the Care Coordinator shall take all best efforts to send a PERSONNEL to the Address of the Service Recipient and shall make necessary efforts to arrange for an ambulance, wherever required, to the address of the Service Recipient. It is once again clarified that the Company or the Care Coordinator shall not be responsible for ensuring the availability of a PERSONNEL and/or an Ambulance. 

 

The USER / Service Recipient hereby authorizes the PERSONNEL to admit the Service Recipient in the hospital and sign required admission forms on behalf of the Customer/ Service Recipient.

 

It is understood that the PERSONNEL shall make all efforts to contact the Customer or Local contact before signing such documents, however, in case of no contact the PERSONNEL is authorised to proceed without Customer’s/ Service Recipient’s consent.

 

The Company is carrying out this service on the Customer’s/ Service Recipient’s instructions and in case of any adverse event, the Service Provider and/or its PERSONNEL shall not be held responsible for the outcome.

 

SMS and other Messaging or Emailing

By signing this AGREEMENT, the USER agrees that the Company may send them text messages in order to confirm their phone number or to keep them informed about the Service(s) booked by them. Depending on the current phone carrier plan, the USER may incur charges for these SMS Messages, and agree to not hold the Company liable for any charges incurred.

 

The USER also agrees that the Company may send them emails and other electronic messages by any other means to keep them up to date on the booking of Service(s), including indicating when the Company is unable to perform any Service.

 

By using the Service(s), the USER agrees to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you the USER may at any stage opt out of may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at onus@onuscare.com. 

 

Feedback

As and when requested to do so, the USER agrees to provide the Company with any information requested by the Company regarding the provision of the Service(s), including reports of failures, errors, or other malfunctions that the USER encounters on the Service(s) (“FEEDBACK”). 

 

FEEDBACK provided to the Company may be used by the Company to improve the Service(s) in any way that the Company chooses, including sharing the FEEDBACK with other third parties and associates or affiliates of the Company, without limitation. 

 

In addition, the USER agrees to provide the Company with a complete Care Appraisal Documents at the time of entering into this AGREEMENT, in order to allow the Company to identify prospective PERSONNEL or Third-Party Service Provider(s) and to ensure that the Service(s) can be undertaken for the particular Service Recipient. 

 

The USER agrees to update the Care Appraisal Documents on a regular basis, dependent on their needs.  The Company may from time-to-time request the USER to update the Care Appraisal to reflect the Service Recipient’s needs. 

 

The USER agrees to the Company using any FEEDBACK that they provide for reports, marketing or advertising purposes, which FEEDBACK shall only be used in an anonymous form, unless the specific AGREEMENT with the USER has been sought to do otherwise.

 

Privacy 

For details about how the Company uses the PERSONAL DATA provided by the Company, refer to the Privacy Policy of the Company as uploaded on its WEBSITE www.__________. To ensure that the Company has the most up to date PERSONAL DATA of the USER, the USER agrees to provide the Company with regular updates to any PERSONAL DATA that the Company holds about them.

 

The Company may modify the PLATFORM TERMS AND CONDITIONS and/or their PLATFORM PRIVACY POLICY at any time by posting the modified version on the WEBSITE or PLATFORM. The USER shall check the TERMS periodically for any changes. By continuing to use the SERVICES of the Company, after the Company has made any such modifications, the USER agrees to be bound by these modified TERMS of Services or Privacy Policy (as applicable), which become effective immediately upon being posted to the WEBSITE/ PLATFORM.

 

Analytics

The Company may use third-party agents to monitor and analyze the use of the Service(s).

 

Intellectual Property

All content and materials available on the PLATFORM of the Company or as may be shared by the Company with the USER through brochures, pamphlets, emails etc. including but not limited to text, graphics, WEBSITE name, code, images and logos are the intellectual property of the Company and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by the Company  

 

Termination and Discontinuation of Service(s)

If the USER violates any TERMS of this AGREEMENT, the Company reserves its right to automatically terminate this AGREEMENT and stop all SERVICES to be provided to the USER with immediate effect. 

 

Notwithstanding the above, either Party shall have the right to terminate this AGREEMENT or stop the provision of the SERVICES by giving a 24 hour Notice to the other Party, without assigning any reasons.

 

In the event of termination of this AGREEMENT or SERVICES by the Company, except for termination under clause 14.1 above, any amounts lying with the Company to the credit of the USER shall be refunded to the USER after deducting all reasonable expenses and other payments that the USER is liable to make to the Company. On termination, the USER shall have no further claim whatsoever against the Company and the Company shall be held harmless by the USER.

Disclaimer of Warranty

These SERVICES are provided by the Company are on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the availability, use, operation, effectiveness, quality of its SERVICES. The USER expressly agrees that your use of the SERVICES is at the USERs sole risk.

 

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, fitness or availability of the SERVICES. Without limiting the foregoing, neither the Company nor anyone associated with Company represents or warrants that the SERVICES will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected or that the SERVICES will otherwise meet your needs or expectations of the USER.

 

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise.

 

Limitation of Liability and Release

It is agreed and understood that neither the Company nor its directors, employees, agents, officers and representatives will be liable to the USER or the Service Recipient or any third party towards any loss, damage (whether direct, indirect, punitive, special, incidental, or consequential damage), injury, death, loss of property or person, accident, delay, costs or expenses, of whatsoever nature (“Losses”) caused on account of (i) provision of SERVICES by the Company under this AGREEMENT, (ii) performance of the TERMS of this AGREEMENT, (iii) engagement and use of any PERSONNEL or Third-Party Service Provider for providing any SERVICES, (iv) any acts, omissions, conduct, behavior etc. on the part of any PERSONNEL or Third-Party Service Provider, (v) failure or inability or delay in providing any SERVICES under the TERMS of this AGREEMENT, (vi) the quality, fitness, suitability, availability of any Service or the PERSONNEL or Third-Party Service Provider. 

 

The Company shall not be held liable or accountable for the acts or omissions of the PERSONNEL and/or any Third-Party Service Provider during the performance of any of the Service(s) availed by the Customer/ Service Recipient or at any time thereafter. 

 

Notwithstanding the above, the Company’s liability to the USER / Service Recipient in respect of the Service(s) will not exceed the SERVICES FEE paid by the USER / Service Recipient for the concerned Service(s), whether such cause of action is brought in contract, tort, warranty or otherwise or irrespective of whether the Company’s liability under or in connection with this AGREEMENT is arising in contract, tort, negligence, breach of statutory duty or otherwise. 

 

The Company shall not be liable in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the USER/ Service Recipient of an indirect or consequential nature. 

 

The limitations of liabilities set forth above are fundamental basis of this AGREEMENT entered between the Company and the USER.

 

Assignment

The SERVICES to provided to the Service Recipient are personal in nature. The USER cannot assign or transfer this AGREEMENT or any of the SERVICES to be provided herein to any third party without the Company’s prior written consent. 

 

The Company may assign this AGREEMENT at any time without notice. 

 

In the event that any part of this AGREEMENT is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

 

Force Majeure and Events Beyond the Service Provider’s control

The Company shall not be liable for any failure or delay in the performance of any of the SERVICES under this AGREEMENT in the event the Company is are prevented from performing any of the obligations by any Applicable Laws or a governmental agency, the lack of clarity in any of the instructions. The Company shall further not be liable for any failure or delay in performance of  any of the SERVICES under this AGREEMENT for reasons of any Force Majeure Event or due to any cause beyond its reasonable control, including, without limitation, any strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, floods, issue of any policies or change in any government policies, epidemics; pandemics, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) SERVICES; mechanical, electronic or communications failure or degradation, hacking, virus attack, crashing of servers or computer system etc.

 

Governing Law and Jurisdiction

The validity, construction, interpretation and performance of this AGREEMENT shall in all respects be construed and governed in accordance with the laws of India and the courts in Mumbai shall have the exclusive jurisdiction in respect of the matters arising hereunder. 

 

General Terms 

By availing the Service(s) and executing this AGREEMENT, the USER agrees, confirms and acknowledges that:

they have read and understood, and agree to be bound by this AGREEMENT and any TERMS as updated from time to time on the WEBSITE or PLATFORM which govern the use of the SERVICES;

they have read and understood the content of the Service Provider’s Privacy Policy (available at: www.onuscare.com), as updated from time to time;

they have the authority to act behalf of any Service Recipient, if they are not the Service Recipient.