Member Terms and Conditions

These Member Terms and Conditions (“MTC”) govern your access to and use of the website, mobile application, digital tools, products and services made available, facilitated, coordinated or enabled by Support Elders Private Limited whether directly or through Partners (“Company”, “we”, “us” or “our”).

By accessing, browsing, registering on, or using Company’s platform, submitting any enrolment form, welcome letter, booking or service request, clicking any acceptance button or checkbox, making payment for any Services, renewal or supplementary solution, or availing any service through the Company, the Member and/or the Sponsor agrees to be bound by the MTC, our Privacy Policy, the details of the relevant service or plan displayed on the platform, and any order summary, invoice, consent form, declaration, booking confirmation, scope of service document or communication issued by the Company from time to time (collectively, the “Platform Documents”).

If you use the platform on behalf of another person, including an elderly family member or beneficiary, you represent that you are authorised to do so, and the MTC shall apply to both you and such beneficiary, to the extent applicable.

The Company may update, amend or modify this MTC and/or any Platform Documents from time to time in accordance with Applicable Laws. Such revised terms shall become effective upon being published on the Platform or otherwise communicated to the Member and/or Sponsor. Continued access to or use of the Platform or Services after such publication or communication shall constitute acceptance of the revised terms.

PART A – GENERAL PLATFORM & MEMBERSHIP TERMS

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this MTC (including the Schedules hereto), except where the context otherwise requires, the following terms shall have the following meanings:

“Advance Amount”: shall have the meaning ascribed to it in Schedule II;
“Applicable Laws”: shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval of any Competent Authority, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of or determination by, or any interpretation having the force of law of any of the foregoing by any Competent Authority having jurisdiction over the matter in question, in effect at the relevant time;
“CMS”: means care management services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Company”: shall mean Support Elders Private Limited;
“Competent Authority”: means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity exercising powers conferred on it by the force of law;
“Confidential Information”: shall mean all information which is obtained/received during the Term, including but not limited to the terms and conditions specified herein and all information concerning a party’s business transactions, technical and operational information and financial arrangements, whether or not such information has any commercial value;
“CI”: means care integration services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“DTM”: means digital tracking and monitoring services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“ECS”: means enhancing cognitive solutions services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Effective Date”: shall have the meaning ascribed to it in Paragraph 3.3;
“Force Majeure”: means any event which is outside the reasonable control of the party affected by such event impairing such party’s ability to perform any of its obligations (other than payment obligations) hereunder, including, but not limited to Acts of God, fire, flood, lightning, war, revolution, act of terrorism, riot or civil commotion or other disturbance caused due to law and order/political/communal problems, epidemic, quarantine, governmental orders, prohibition, embargo, legislations, ordinances and enactments, notifications, rules and regulations, strikes, lock-outs or other industrial action, whether of the affected party’s own employees or others, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services;
“HCS”: means health check-up services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“HDLM”: means hospital discharge logistics management services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“HPD”: means home pick-up and drop services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Indemnified Parties”: shall have the meaning ascribed to it in Paragraph 8.4;
“Indemnifying Parties”: shall have the meaning ascribed to it in Paragraph 8.4;
“MEAS”: means medical emergency alert services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“MLM”: means member logistics management services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Member”: shall mean a Person (i) who has duly filled up and submitted an enrolment form or (ii) on whose behalf an enrolment form has been duly filled up by a Sponsor, for availing any of the Services, and which enrolment form has been accepted by the Company in accordance with this MTC;
“Member Data”: shall have the meaning ascribed to it in Paragraph 21.2;
“NAC”: means the Company’s national alarm centre, more particularly described in Schedule I herein;
“Nominee”: shall mean any person nominated by the Member and/or Sponsor in the enrolment form or otherwise communicated to the Company from time to time;
“OHA”: means out-of-home assistance services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“OSMT”: means outstation medical travel services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Other Charges”: shall have the meaning ascribed to it in Paragraph 12.1.2;
“PCS”: means pest control services provided by the Company as one of the Services and as more particularly described in Schedule I herein;
“Partner”: means any independent third-party vendor, diagnostic centre, hospital, ambulance operator, transportation provider, pathology laboratory, caregiver, agency, service provider, professional or other third-party engaged, facilitated, listed or coordinated through the Platform for provision of any Services;
“Platform”: means the website, mobile application, digital interfaces, communication systems and related infrastructure operated by the Company;
“Privacy Policy”: shall mean the Company’s privacy policy which can be accessed from the Website;
“Security Deposit”: shall have the meaning ascribed to it in Schedule II;
“Services”: shall mean the services specified in Schedule I herein;
“Service Fee(s)”: shall mean collectively the Subscription Amount and the Other Charges;
“Sponsor”: shall mean a Person who submits an enrolment form on behalf of a Member and makes payment of Service Fees for Services availed by such Member;
“Subscription Amount”: shall have the meaning ascribed to it in Paragraph 4.1.1;
“Term”: shall have the meaning ascribed to it in Paragraph 2.2;

1.2 Interpretation

In construing this MTC:

unless the context otherwise requires, words importing the singular shall include the plural and vice versa;
paragraph headings are for reference only and shall not affect the construction or interpretation of this MTC;
references to paragraphs and schedules are references to Paragraphs and Schedules of and to this MTC;
unless otherwise stated specifically, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and including the day on which the period ends, and if the day on which the period ends is not a working day, then such period shall stand extended to the next working day;
any reference to statutory provisions shall be construed as meaning and including references to any amendment or re-enactment thereof (whether before or after the Effective Date) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions;
The schedules to this MTC shall be deemed to be incorporated in and shall form an integral part of this MTC;
the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar purport refer to this MTC as a whole;
reference to any agreement, contract, document or arrangement or to any provision thereof shall include references to any such agreement, contract, document or arrangement as it may, after the date hereof, from time to time, be amended or supplemented;
the expression “this Paragraph” shall, unless followed by reference to a specific provision, be deemed to refer to the whole Paragraph;
reference to the word “include” or “including” shall be construed without limitation;
the word “Person” shall mean any individual, partnership, firm, corporation, body corporate, joint venture, association, trust, unincorporated organization or other similar organization or any other entity;
References to “Service Provider” in any Schedule shall mean the Company, unless otherwise stated;
In the event of any conflict between this MTC and any Schedule, the terms of such specific service document shall prevail only with respect to such specific Service.

2. TERM

2.1 Acceptance of MTC

The Member or the Sponsor (as the case maybe) shall acknowledge acceptance of this MTC by signing the enrolment form of the Company, clicking on the relevant acceptance button or checkbox on the Platform, logging into the mobile application of the Company, confirming acceptance electronically, or otherwise availing any Services through the Platform.
If for any reason, the Member or the Sponsor (as the case may be) does not expressly accept this MTC in the manner stated above, any conduct by the Member and/or Sponsor which recognises the existence of a contractual arrangement pertaining to the subject matter hereof shall constitute acceptance of this MTC.
For renewals, additional services, supplementary solutions, ad-hoc bookings or purchases made by a Member and/or Sponsor without execution of a fresh enrolment form, payment towards such services or continued use thereof shall constitute deemed acceptance of the then-current version of the MTC.
Electronic records, electronic acceptances, logging into the mobile application of the Company, OTP-based confirmations, click-wrap acceptances, digital acknowledgements and electronically generated confirmations shall constitute valid and binding acceptance.

2.2 This MTC shall be applicable from the date of acceptance hereof and shall be binding in full force and effect for the entire duration of provision of the Services by the Company to the Member (“Term”).

3. PROVISION OF SERVICES

3.1 With effect from the Effective Date, the Member and the Sponsor shall engage the Company and the Company shall undertake to render the Services to the Member in accordance with the terms and conditions of this MTC. The Services shall be available only in select parts of India, unless extended to other geographies at the discretion of the Company.

3.2 The Company shall provide the Member or the Sponsor (as the case maybe) with an enrolment/membership application form… The Services shall be activated only after fulfillment of all conditions including submission of forms, acceptance by Company, and payment.

3.3 The Company shall activate the Services from the date (“Effective Date”) on which each of the conditions listed above have been fulfilled… The Company reserves the right to accept / reject the membership application at its sole discretion.

PART B – SERVICE DELIVERY MODELS

4. SEPL MANAGED SERVICES

4.1 Certain Services may be coordinated, administered, supervised, scheduled or operationally managed by the Company… (“SEPL Managed Services”).

4.2 SEPL Managed Services may include: (a) MEAS; (b) CMS; (c) CI; (d) DTM; (e) such other Services…

4.3 The Company shall use commercially reasonable efforts… Services may be dependent upon availability of personnel, internet, GPS, etc.

4.4 The Company does not guarantee uninterrupted Services… does not provide medical diagnosis or clinical treatment.

5. PARTNER FACILITATED SERVICES

5.1 Certain Services may be rendered by independent third-party Partners… (“Partner Facilitated Services”).

5.2 Partner Facilitated Services may include health check-up, pest control, transportation, etc.

5.3 to 5.9 The Company’s role is limited to facilitation… The Company is not responsible for the quality or outcome of Partner services.

6. CUSTOMER-SELECTED SERVICES

6.1 In certain cases, the Member… may independently select a Partner…

6.2 Company’s role limited to technology enablement, support, etc.

6.3 Company shall not be responsible for acts/omissions of such Partner.

7. GENERAL OPERATIONAL FRAMEWORK

7.1 to 7.4 Full details on Company’s varying role, response timelines being indicative only, etc.

PART C – SERVICE ADMINISTRATION, FEES & OPERATIONAL TERMS

8. SERVICE SCOPE AND APPLICABLE TERMS

8.1 Scope of Services: The Services… governed by Platform Documents.

8.2 Applicability of Schedule IA and Service-Specific Terms…

8.3 Modification of Services: Company reserves the right to modify…

9. Additional terms… in Schedule II.

10. The Member and the Sponsor are expected to be fully aware…

11. The Company reserves the right to amend…

12. SERVICE FEE

12.1 Subscription Amount and Other Charges…

13 to 16 Full payment terms, taxes, escalation, Nominee responsibility, etc.

17. REFUND OF SERVICE FEE

17.1 In the event that during the Term, a Member expires… refund on a pro rata basis… after setting-off any amounts due.

17.2 In the event of termination/cancellation before expiry… refund as per Schedule III.

18. OBLIGATIONS OF THE COMPANY

18.1 to 18.3 Full text on additional services, personnel selection, specialist advice.

19. OBLIGATIONS OF THE MEMBER AND THE SPONSOR

19.1 to 19.6 Full obligations including contact only through contact center, providing information, etc.

PART D – LEGAL TERMS AND LIABILITY

20. REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY

20.1 Representations and Warranties by each party.

20.2 Company disclaims warranties…

20.3 Limitation of Liability: … liability shall not exceed total amount paid in preceding 12 months.

20.4 INDEMNITY: Full indemnity clause including 20.4.1 to 20.4.3.

21. CONFIDENTIALITY

21.1 to 21.4 Full confidentiality obligations, consent for sharing Member Data, etc.

22. TERM AND TERMINATION

22.1 Either party may cancel with 7 days notice.

22.2 Non-payment consequences.

22.3 On termination: final invoice, return of property, etc.

22.4 Termination without prejudice to other rights.

22.5 Survival: Paragraphs 1, 20, 21, 22.5, 23 and others survive termination.

23. MISCELLANEOUS

23.1 Force Majeure

23.2 Notices (email to writetous@supportelders.com)

23.3 Assignment

23.4 Waiver

23.5 Entire Agreement

23.6 Severability

23.7 Costs

23.8 Further Assurance

23.9 Legal and Prior Rights

23.10 Independent Contractors

23.11 Counterparts

23.12 Proprietary Rights

23.13 Jurisdiction: Laws of India, Courts at Kolkata.

SCHEDULE I – Scope of Services

1. Medical Emergency Alert Services (MEAS)

Through this service, the Company will offer access to the mobile application… (full paragraph as in document)

2. Care Management Service (CMS)

Through this service… (full paragraph)

3. Enhancing Cognitive Solutions (ECS)

This service provides a platform… (full)

4. Health Check-up Services (HCS)

The Health Check-up… (full)

5. Care Integration (CI)

The CI supplementary solution… (full)

6. Digital Tracking and Monitoring (DTM)

DTM is offered… (full)

7. Home Pick-up and Drop (HPD)

This supplementary solution… (full)

8. Hospital Discharge Logistics Management (HDLM)

This supplementary solution… (full list of services (i) to (xxi))

9. Member Logistics Management (MLM)

This service helps… (full list (i) to (xiv))

10. Out-of-Home Assistance (OHA)

This service will help… (full)

11. Out Station Medical Travel (OSMT)