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GENERAL TERMS AND CONDITIONS

 

Welcome to our website https://ikshanaeldercare.com. We IKSHANA Elder Care Pvt. Ltd. is a Company registered as per the provisions of the Companies Act 2013 and the Rules therein, having its registered office at 463, Dum Dum Park, Kolkata, West Bengal- 700055 (hence forth referred to as ‘the Company’).

The website portal has been built to facilitate the elderly people to avail a number of ‘Services’ in order to help, assist and take care of one’s well-being. If you continue to browse and use this Website, you automatically are agreeing to comply with and bound by the following Terms and Conditions of the Company, which along with the Privacy Policy of the Company and the Disclaimer provided on the Website govern the relationship between ‘you and the Company’.

In case you do not agree with any of the Terms and Conditions laid down by the Company you are requested to discontinue the use of the Website of the Company.

 

THE USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

  • The contents contained on the pages of the Website is for your ‘General Information and Use’ only. The Company has the right to change the contents of the Website as it deems fit without any notice/intimation. Please note the contents once removed from the pages of the Website is deemed to have lost its existence and shall not be permitted to be used in future reference.

 

  • The Website has been designed to store your medical and demographic data over which you shall not claim any privacy.

 

  • No warranty or guarantee is provided as to the accuracy, timelines, performance, completeness or suitability of the information and material found or offered in the present Website. In the course of you using the present Website, you acknowledge that the information and the materials present on the Website may contain inaccuracies or errors and the Company excludes from any such liabilities arising from such inaccuracies and errors to the fullest extent permitted in law. Please Note that your use of any information or materials from the present Website is at your own risk, for which the Company shall not be liable. It shall be your own responsibility to check/ensure that the product, services and information available on the Website meets your specific requirement and expectation.

 

  • The Website is designed for informational purpose only. The Website does not provide any medical advice, diagnosis or recommendations about the medical treatment, and does not recommend or endorse any products or information for any particular circumstances.

 

  • The user expressly acknowledge and agree that the Company is not responsible for any result of any decisions made by the user based on the information and the contents of the Website. The content of the Website is not intended in any way to be a substitute for professional medical advice. The Services provided vide the present Website is not to be intended to be relied upon for any medical diagnosis, prognosis and/or treatment.

 

1.       ACCEPTANCE

The Terms and Conditions enumerated herein on the webpage governs the use of the Website by you, including all pages within this Website (hence forth collectively referred to as ‘the Website’). Your use of the Website is automatically indicative of the fact that you have accepted the Terms and Conditions contained herein in full including the Privacy Policy and the Disclaimer given on the Website. In case of any disagreement to the Terms and Conditions, Privacy Policy and the Disclaimer mentioned on the Website, you must not use the Website.

By using the Website you represent that you are above the age of 18 years and have fully agreed to the Terms and Conditions, Privacy Policy and the Disclaimer mentioned on the Website.

The present Website cannot be used by any person who is a minor (below the age of 18 years).

2.       INTELLECTUAL PROPERTY RIGHTS

The contents present on the Website are either owned or licensed to the Company and we hold the Intellectual Property Rights in the Website and the material available on it, therefore the Intellectual Property Rights stand Reserved. The Company provides limited right/license to the user of the Website for purpose of viewing the material contained on the Website and the right/license so given is governed by the Terms and Conditions and subject to the Restrictions provided herein below.

The Company strictly prohibits the use of any proprietary contents which are not permissible as per the Terms and Conditions including but not limited to Logos, Brands, Marks, Headings, Labels’, etc. of which the proprietary right are held by the Company or is used under license from any associates, partners or contractors of the Company. You, your agent or your principal therefore agree and acknowledge that any infringement of any such Intellectual Property Right of contents mentioned in the above paragraph and/or any other content present on the Website which the Company hold proprietary right (through its affiliates, associates, vendors, etc.) and/or you have acted in violation of the present Terms and Conditions, the Company holds its rights to initiate legal remedies available to it as per law against you, your agent or your principal.

All the Trademarks produced on the Website, of which the Company does not own the proprietary rights or is not the licensee, are acknowledged on the Website. Any link present of the Website directing to another Website are solely provided for the convenience of the user of the Website in order to gather more information. The Company does not endorse the linked Website(s) or take responsibility of the contents of the linked Website(s). The Company cannot be held liable for any contents present on the linked Website(s).

 

          3.       RESTRICTION ON USE

That vide the present Terms and Conditions, you, are expressly and emphatically restricted from engaging in any or all of the following activities while visiting the Website of the Company;

(a)      You shall not attempt to illegally access, decode or use any other illegal methods to gain unauthorized access to this website, its contents or its services. You shall not trace, reserve, look-up, decrypt or decode any customer information on this website.

(b)     You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this website. You shall not probe, scan or otherwise test for any network weakness of this website or those linked to it, nor launch any form of attachment against it.

(c)      You shall not publish or post other people’s private information (such as address, phone number and other personal details) without their express authorization and permission.

 (d)    You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any material, documents or information through any means not purposely made available through the Website.

(e)      You shall not engage in any activity that is illegal, fraudulent, false or misleading. You shall not transmit any material that may infringe the Intellectual Properties or other Rights of third party.

(f)      You shall not use any content or material available on the Website to build or benchmark a competitive service, or copy any features, functions or graphics of the Services or misuse the Service provided vide the Website which may cause reputational loss or any other loss to the Company which may give rise to any civil or criminal liability under the applicable law or regulations.

(g)     You shall not use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services.    

(h)     You shall not sell, sublicense and/or commercialize any content and/or material of the Website or use this Website to engage in advertising or marketing.

4.       REGISTRATION BY USERS:

(a)      The user of the website may register himself/herself as the ‘Member’ to avail the ‘Services’ provided vide the Website obtaining membership under the following heads:

A. ECONOMY

B. CLASSIC

C. PREMIUM

The list of Services and the cost of membership is elaborated in “ANNEXURE A” attached to the present Terms and Conditions along with the list of services provided under each head.

(b)     That post availing the Membership, the user shall have to enter into an ‘addendum service agreement’ which will be executed between the ‘user and the company’ explicitly based upon the plan opted by the user.

(c)      The services provided vide the present Website are subject to the present Terms and Conditions and the user to acquire membership is required to provide registration details to the Company.

(d)     The services will stand activated within a period of 01 working day from the time of amount stands credited by the user in the bank account of Company.

(e)      The user unconditionally and explicitly accepts and acknowledged all the terms and conditions. However, in the event the user is of unsound mind or medically unfit to understand the Terms and Conditions, then all obligations and responsibilities will be deemed to be of their Next of Kin. (Next of Kin is a relative of the Member who is of sound mind, above 18 years of age and authorized to make decision on behalf of the User. It is further assumed that the Next of Kin is legally empowered to engage in shared decision making on behalf of the user for healthcare.)

(f) You the user agrees that once an account for the membership is created, you agree that you shall maintain the confidentiality of your username and password and shall not allow any other person to access your account on the Website. In the even you have any suspicion regarding unauthorized use of your account on the Website, you shall immediately inform the Company. In the said event, the Company reserves the right to temporarily inactivate your account or you have also been provided a right post creation of such account to terminate it by deleting the same.

(g) You also agree that in the event the Company believes that the user has not complied with the present Terms and Conditions. The deactivation of such account may be done without any prior notice having been issued to the user.

 

5.       USER POSTING

(a) The Company reserves it rights to monitor or review the contents/comments and communications/contributions posted by the user on the website to its sole discretion. You have full responsibility for the content you submit, including its legality, reliability, accuracy and appropriateness. The Company shall not bear any liability related to the contents or accuracy of any such message/content and reserves the right to remove messages/content that include any material deemed abusive, defamatory, obscene or otherwise unacceptable and take any action deemed necessary or appropriate if it is believed by the Company that such communications violates Terms and Conditions or could create liability for the Company. Without limiting the foregoing the Company has the right to fully cooperate with any law Enforcement Authority or Court requesting or directing the latter to disclose the identity or other information of anyone posting any material/content on or through the Website.

(b) Nothing contained on the Website or otherwise be construed to mean that the Company endorses any posting on the Website such as opinion or recommendations put forth by you and the Company disclaims any and all liabilities. The Company further reserves the right to remove without any prior notice/intimation any such post of the user which it believes may result in reputational loss or any other law governed by the time in force.

6.       TERMINATION OF REGISTRATION

In the event it comes to the knowledge and/or information of the Company that the user has violated any Terms and Conditions of the present Agreement or has caused to mislead/cheat/defraud/misrepresent the Company herein, or has further violated Privacy Policy or any other agreement entered upon by the user and the Company. The Company reserves its right to immediately terminate the Services and further to forfeit the amount paid for such Services by the user.

7. CESSATION OF MEMBERSHIP IN CASE OF DEATH OR NON-RENEWAL

 

a) Non-renewal: The Company’s responsibility to render the Services may also cease to exist in the event of non-renewal of the Membership by the Member prior to expiry of the Term. If the Member the Services for such period as may be agreed at the time of renewal.

b) Death: This membership shall terminate automatically upon death of the Member.

8.       NO REFUND POLICY

If the services provided by the Company has been terminated for whatsoever reason, the user shall not be entitled to claim any refund/compensation of such services being terminated.

9.       NON-TRANSFERABILITY

          The services availed by ‘you’ on subscription of a service package   through the Website are exclusively for your usage and benefit. In this regard, such subscription and/or the services availed by you are non-  transferable to any other person under any set of circumstances.

          10.     LIMITATION OF LIABILITY

          In no event shall “Company” nor any of its partners, officers, directors    and employees, be held liable to ‘user’ for anything arising out of or in           any way connected with use of this Website, whether such       liability falls under contract, tort or otherwise.

          Further, Company including its partners, officers, directors and          employees, shall not be liable for any indirect, consequential or       special liability arising out of or in any way related to use of this           Website.

          You also agree that ‘Company’ shall not be responsible or liable to           user, or anyone, for the statements or conduct of any third party of the           service.

 

11. MEMBER’S RESPONSIBILITY

(a) The member using the services does so at their own risk, free will and has the sole responsibility to provide accurate and complete information to the Company. It is their duty to provide complete medical history and updated reports to make available services.

(b) The Company will not be responsible for authentication of medical records, nor will we verify the medical records. The Company shall be entitled to maintain digital records of Member’s clinical history.

(c) The Member agrees to abide by and follow all instructions placed or provided by Company from time to time in respect of use/availing the Services.

(d) Safety and security of third-party associates i.e. team member(s)/Nurses/Attendants rendering services are on the Members at their house.

(e)  The Member shall be responsible for the safekeeping and safety of Members personal property, goods, and belongings, including but not limited to money, jewellery, dentures, or hearing aids.

(f) The Member shall undertake to ensure that sufficient food, clean drinking water, a clean and safe place to sleep, access to a functional washroom with toilet and bath facilities and other basic necessities are provided to Attendants/Nurses staying at the house.

(g) The Member must complete police verification of the Attendants/Nurses with the local police station as a precautionary measure.

(h)     The Member shall inform Company/Our team/Attendants/Nurses if the Member or any person who might be staying at the house of the Member is suffering from any communicable disease.

(i)       The Member or family members, or any person who might be visiting the house of the Member shall not misbehave, threaten, physically man-handle, or detain any third-party service provider against their wishes. If such a situation arises, the Member will be responsible for any contingencies/harm caused directly or indirectly due to the acts or omission on the part of the Member.

          12.     INDEMNIFICATION

          You hereby indemnify the ‘Company’ and undertake to hold         ‘Company’ harmless from any losses, damages, costs, liabilities, and expenses (including, but not limited to, legal fees and any sums paid by           Company to a third party in settlement of a claim or dispute on the           advice of Company’s legal           advisers) that Company may incur or      suffer as a result of any violation of these terms and conditions on       user’s part or from any allegation that user have violated any of       these terms and conditions.

          13.     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 whole, and such provision    shall be omitted without affecting the remaining provisions herein.

 

          14. ENTIRE AGREEMENT

          These Terms and Conditions (together with the Privacy Policy,    Disclaimer contained on this Website) constitute the entire          agreement between you and Company in relation to your use of this           Website, and supersede all previous agreements and    understandings in respect of use of this Website.

15. FORCE MAJEURE

 

The ‘Company’ shall not be liable, in any manner whatsoever, for any breach/default of the Services caused by circumstances beyond its control including without limiting to any acts of God, pandemic, strike, orders of authorities etc. Further, in case of a force majeure event, if Company is unable to render any part of the Services, the same shall not be considered breach or default on the part of Company.

16. MODIFICATION OF THE TERMS AND CONDITIONS

 

The Company reserve the right to update/amend the terms and conditions and same will be notified to Member over Ikshana Elder Care App. It shall deem the T&C as an unequivocal and unconditional acceptance of such modifications if no objections is raised within 3 (Three) days of display of the updated terms and conditions.

 

          17. GOVERNING LAW AND JURISDICTION

          These Terms and Conditions will be governed by and construed in           accordance with the laws of India and any dispute(s) relating to these          Terms and Conditions (together with the Privacy Policy any other           legal notices and disclaimers contained on this Website) will be     subject to the exclusive jurisdiction of the courts of Kolkata, West         Bengal.

​

PRIVACY POLICY

Welcome to our website www.ikshanaeldercare.com. We IKSHANA Elder Care Pvt. Ltd. is a Company registered as per the provisions of the Companies Act 2013 and the Rules therein, having its registered office at 463, Dum Dum Park, Kolkata, West Bengal- 700055 (hence forth referred to as ‘the Company’).

The website portal has been built to facilitate the elderly people to avail a number of ‘Services’ in order to help, assist and take care of one’s well-being. If you continue to browse and use this Website, you automatically are agreeing to comply with and bound by the following Terms and Conditions of the Company, which along with the Privacy Policy of the Company and the Disclaimer provided on the Website govern the relationship between ‘you and the Company’.

In case you do not agree with any of the terms of Privacy Policy laid down by the Company you are requested to discontinue the use of the Website of the Company.

 

1.       OBJECTIVE

The Policy herein termed as ‘Privacy Policy’ has been drafted with an object to make the user/member aware and to provide guidance as to how the Company uses, protects and shares the personal information of the user/member and explains the privacy rights under the applicable law.

The present Privacy Policy forms part and parcel of the Terms and Conditions and the Disclaimer available on the Website.

By using the Website of the Company, the user/member signify its acceptance of the Privacy Policy and expressly, freely and unambiguously consent to the collection, use, disclosure and retention of the information of the user/member by the Company as described in this Privacy Policy.

2.       WHAT WE COLLECT:

a.       PERSONAL INFORMATION:

The Personal information that the Company collect may include the following but are not limited to the below mentioned list.

  • Name

  • Address

  • Guardian Name

  • Spouse Name

  • Photo identity (Aadhar Card, PAN Card)

  • Mobile Number

  • Gender

  • Address proof (Voters ID, Driving License, Passport)

  • Passport sized photograph

  • Medical information

 

 

b. When the user/member visits the Website, the server automatically records information which may include Internet Protocol Address, Browser Type, Browser Language, date and time of usage of device type, operation system of the device, unique identifiers, and device setting including other related data.

 

3.

The personal data collected by the Company will be used only for the purpose of providing the user/member with the services that the user/member may seek or desire. The personal data will be used to refine and enhance the services provided. If user/member contact the Company for services, the Company may use the information provided by user/member to respond to the request and address the issues of the user/member. The personal data of the user/member so collected will not be disclosed to any person except the Service Provider/Service Giver without prior consent from the user/member. However, the Company shall not be liable to take any consent from the user/member in case the personal data is to be provided in a Court of law or to any other law governing Authority.

 

4.

The Company except as described in the present Privacy Policy, will not disclose the personal information of the user/member to third parties. However, the Company may use for its own purpose aggregate information that does not identify as personal information or share aggregate information about the user/member with advertisers, business partners, sponsors and other third parties. However, the Company can disclose the user’s/member’s name including their personal information to a third party in the event there is any merger or acquisition, any debt financing, any sale of company assets, insolvency and bankruptcy proceedings against or by the Company or in case of receivership.

 

5.

When the user/member uses the Website, the Company may send cookies to the device of the user/member. A cookie is a small text file containing a string of alphanumeric characters which uniquely identifies the browser of the user/member. The user/member can instruct their browser to refuse all the cookies or indicate when a cookie is being sent. However, the Website of the Company may not function properly in case the user/member disable the ability to accept the cookies.

 

For each user/member, our web server automatically reorganizes the following:

• The host origin of the request (e.g., your IP address)

• The referrer (e.g., where you came from if you arrived at our site via a link)

• The requested document (e.g., the page being viewed)

• Your browser type (e.g., Internet Explorer 6.0)

• Platform information (e.g., Windows 2000, Windows XP, MAC OS 10)

  •     Session data (e.g., whether login was successful)

 

6. 

1.       INFORMATION FILTER: The user/member can easily track the location information they require to track the staff aligned for himself/herself or for the family member [Ma1] .

2.       ROUTE NAVIGATION: Once the elder care giver starts from his/her location to patient home, user/member will be able to track the elder care giver’s location on the way to user/member’s home. During the tracking of the elder care giver, the user/member can use location-based apps to navigate a suitable road solution, which saves time to find proper rout and avoid traffic jams.[Ma2] 

7.       DATA RENTENTION POLICY:

The Company will retain the data provided and received to and from the user/member as long as the user/member remain a registered subscriber of the services. The Company will also retain and use the information of the user/member as and when necessary to comply with legal obligations and resolve disputes, if any.

8.       INFORMATION SECURITY:

The Company reorganizes the need for security and strives to provide appropriate security measures for the protection of the personal information of the user/member. The Company uses commercially reasonable technical and organizational safeguards designed to protect the information against unauthorized access, theft and loss and preserves the integrity and security of the information of the user/member. However, the Company does not guarantee that such information provided to the Company by the user/member may not be accessed, disclosed or destroyed by breach of any of the safeguards of the Company. If such an event arises, the Company will notify the user/member to take appropriate steps. 

9.       CHANGE TO PRIVACY POLICY:

The Company reserved the unconditional right to change, modify, add or remove portions of this Privacy Policy at any point in time, without issuing any specific notification to the user/member with immediate effect. The user/member is advised to review the present Privacy Policy regularly for changes.

10.     MODE OF COMMUNICATION:

The email-id and the mobile/phone number provided by the user/member will be used by the Company for all communication.

11.     COMPLIANCE WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011

 The Company discloses that:

1.       The data is collected by the Company for a lawful purpose concerning the successful conduct of the business of the Company for which such collection of the information is necessary.

2.       The Company do not retain the information of the user/member for a period longer than the required purposes for which the Company collected the information.

3.       The Company uses the collected information for the purpose for which it was collected.

4.       If the information provided by the user/member is inaccurate or incomplete and the user/member desires the same to be corrected or updated, the user/member is required to inform the Company in writing and the Company may undertake to do the needful to extent reasonable to the Company within 15 days of such intimation being made.

5.       The information provided by the user/member is secure with the Company as it has robust security practice and standards at par with industrial standards.

12.     HOW TO PROTECT YOUR PRIVACY:

a.       DISCLOSURE: The user/member should not reveal personal information while interacting with other users/members associated with the Company. The user/member is required to keep in mind that when the user/member personally give out personal information online for example for reviews/feedback feature, the said information can be viewed and used by other people whom the user/member may not know, including but not limited to other users/members who access the website.

b.       LINKS ON THE WEBSITE: The Website of the Company contain links which directs the user/member to other websites hosted by third parties. The Company do not endorse those websites. The Company shall not be responsible for the content or information provided by the user/members to these third-party websites. Also, the user/member should be aware that the link directing to a third-party website may contain Terms and Conditions, Disclaimers and Privacy Policy which may differ from that of the present Company. The users/members are required to review and understand the Terms and Conditions, Disclaimers and Privacy Policy of the third-party websites before accessing it or feeding any information on the third-party websites.

c.        ACCESS TO ACCOUNT: The account of the user/member is password-protected which is generated by the user/member itself and only the user/member is authorized to access the account and view the relevant information. The user/member shall be responsible to maintain the secrecy of the password. The user/member agrees to sign-off from the account procedurally and close the internet browser window when not in use or while using any other website. The Company does not guarantee security of data transmission over the internet and does not ensure or warrant the security of any personal or other information the user/member transmit to the Company including but not limited through the Website.

13.     GOVERNING LAW AND JURISDICTION

These Privacy Policy shall be governed by and construed in accordance with the laws of India and any dispute(s) relating to these Terms and Conditions (together with the Privacy Policy any other legal notices and disclaimers contained on this Website) will be           subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal.

___________________________________****_________________________ 

 [Ma1]This has been added as a general clause, however, in case such facility is not available the same can be deleted

 [Ma2]This has been added as a general clause, however, in case such facility is not available the same can be deleted

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