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;
“Partner Services” means services and Products rendered by any Partner through, on or in connection with the Platform;
“Platform” means the website, mobile application, digital interfaces, communication systems and related infrastructure operated by the Company;
“Platform Documents” shall have the meaning ascribed to it in the introductory paragraphs of this MTC;
“Products” means any medical equipment, assistive devices, wellness products, consumables, healthcare-related items, mobility aids, emergency support products or other goods that may be sold, listed, supplied, delivered, installed, supported or otherwise made available by the Company and/or a Partner through the Platform.
“Paragraph” shall mean a paragraph of this MTC;
“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:
1.2.1 unless the context otherwise requires, words importing the singular shall include the plural and vice versa;
1.2.2 paragraph headings are for reference only and shall not affect the construction or interpretation of this MTC;
1.2.3 references to paragraphs and schedules are references to Paragraphs and Schedules of and to this MTC;
1.2.4 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;
1.2.5 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;
1.2.6 The schedules to this MTC shall be deemed to be incorporated in and shall form an integral part of this MTC;
1.2.7 the terms “herein“, “hereof“, “hereto“, “hereunder” and words of similar purport refer to this MTC as a whole;
1.2.8 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. For the avoidance of doubt, a document shall be construed as amended or modified only if such amendment or modification is executed in compliance with the provisions of such document(s);
1.2.9 the expression “this Paragraph” shall, unless followed by reference to a specific provision, be deemed to refer to the whole Paragraph (not merely the sub-Paragraph or other provision) in which the expression occurs;
1.2.10 reference to the word “include” or “including” shall be construed without limitation;
1.2.11 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 and wherever relevant shall include their respective successors and assigns, and in case of an individual shall include his legal representatives, administrators and executors, and in case of a trust shall include the trustee or the trustees for the time being.
1.2.12 References to “Service Provider” in any Schedule, service description, scope of services document or other Platform Document forming part of this MTC shall mean the Company, unless such document expressly states otherwise or is intended to govern the relationship between the Company and a third-party service provider, partner or vendor, in which case “Service Provider” shall have the meaning assigned in such document.
1.2.13 In the event of any conflict between this MTC and any Schedule, service description, scope of services document or other Platform Document, the terms of such specific service document shall prevail only with respect to such specific Service, and this MTC shall prevail in all other respects.
2. TERM
2.1 Acceptance of MTC
2.1.1 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.
2.1.2 If for any reason, the Member or the Sponsor (as the case may be) does not expressly accept this MTC in the manner stated in Paragraph 2.1.1 above, any conduct by the Member and/or Sponsor which recognises the existence of a contractual arrangement pertaining to the subject matter hereof (including, without limitation, booking of Services, making payment, use of the Platform or availing any Services) shall constitute acceptance of this MTC and all of its terms and conditions by the Member and/or Sponsor.
2.1.3 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 and the relevant Platform Documents.
2.1.4 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 for the purposes of Applicable Laws.
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“).
The Member and/or Sponsor shall be deemed to have accepted this MTC upon completion of any acceptance mechanism made available on the Platform prior to payment for any Service booked through the Platform.
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 in order for the Member or the Sponsor (as the case maybe) to apply for the Services. The Services shall be activated by the Company only after the fulfillment of all of the following actions:
3.2.1 The Member or the Sponsor (as the case maybe) has duly filled in and submitted such enrolment form and provided all necessary documentation to the Company, including but not limited to proof of Indian citizenship and residency in India of the Member;
3.2.2 The Company has accepted such enrolment form and the Member’s or the Sponsor’s (as the case maybe) request for membership;
3.2.3 The Member has duly filled in the nominee form provided to the Member, naming therein his/her next of kin/legal representative/heir (“Nominee“), which nominee form has been duly signed by both the Member and the Nominee and submitted to the Company. In case of a Sponsor, he/she or his/her legal representative/heir will be deemed to be the Nominee mandatorily and the Sponsor and the Member shall have to duly fill and submit the nominee form to the Company;
3.2.4 The Company has accepted such nominee form; and
3.2.5 The Member or the Sponsor (as the case maybe) has paid the Subscription Amount and the Other Charges (as applicable) to the Company in terms of Paragraph 4 (Service Fee) and Schedule II of this MTC.
3.3 The Company shall activate the Services from the date (“Effective Date“) on which each of the conditions listed in Paragraph 3.2 above have been fulfilled by the Member and/or the Sponsor to the satisfaction of the Company. Notwithstanding what is stated in this Paragraph 3, the Company reserves the right to accept / reject the membership application of any prospective Member at its sole and absolute discretion and the Company’s decision in this regard shall be final.
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, either directly or through integrated Partners (“SEPL Managed Services“).
4.2 SEPL Managed Services may include:
- Medical Emergency Alert Services (MEAS);
- Care Management Services (CMS);
- Care Integration (CI) services;
- Digital Tracking and Monitoring (DTM) services;
- such other Services as may be designated by the Company from time to time.
4.3 The Company shall use commercially reasonable efforts in providing SEPL Managed Services. However, the Member and/or Sponsor acknowledges that such Services may be dependent upon:
- availability of personnel;
- internet connectivity;
- telecommunications networks;
- GPS systems;
- third-party infrastructure;
- hospitals and emergency responders;
- wearable devices;
- external technology systems; and
- circumstances beyond the reasonable control of the Company.
4.4 The Company does not guarantee uninterrupted Services, prevention of medical emergencies, specific medical outcomes, ambulance availability, hospital admission or uninterrupted operation of third-party systems. The Company does not provide medical diagnosis, prescription services or clinical treatment. Any medical opinions, treatment decisions or healthcare services shall be the sole responsibility of the relevant licensed medical professional or Partner.
5. PARTNER FACILITATED SERVICES
5.1 Certain Services may be rendered by independent third-party Partners and may only be facilitated, enabled, coordinated, listed or arranged through the Platform (“Partner Facilitated Services“).
5.2 Partner Facilitated Services may include:
- health check-up services;
- pest control services;
- transportation and cab services;
- diagnostic and pathology services;
- salon, spa and grooming services;
- external housekeeping or repair services;
- ambulance services; and/or
- such other third-party facilitated services as may be made available through the Platform.
5.3 The Company’s role in relation to Partner Facilitated Services shall be limited to facilitating, enabling, coordinating, listing, scheduling, payment facilitation, customer support and related intermediary activities, unless expressly stated otherwise in the relevant Platform Documents.
5.4 In relation to Partner Facilitated Services, the Company acts solely as an intermediary, facilitator and technology-enabled coordination platform and is not the provider of the underlying services. The Company does not supervise, direct or control the manner, method, timing or professional judgment exercised by any Partner in rendering Partner Facilitated Services.
5.5 The Company does not independently verify, warrant or guarantee the quality, suitability, legality, medical appropriateness, timeliness, safety, effectiveness or outcome of services rendered by any Partner, except to the extent expressly undertaken by the Company in writing.
5.6 Any warranties, representations, assurances or professional obligations relating to Partner Facilitated Services shall be the sole responsibility of the relevant Partner.
5.7 Certain Partner Facilitated Services may be subject to additional terms, conditions, policies or requirements of the relevant Partner. To the extent applicable, the Member and/or Sponsor agrees to comply with such Partner terms and conditions.
5.8 The actual provision of Partner Facilitated Services shall be the sole responsibility of the relevant Partner and, where applicable, the contractual relationship governing such services shall exist directly between the Member and/or Sponsor and the relevant Partner.
5.9 Unless expressly undertaken by the Company in writing, the Company shall not be responsible for the acts, omissions, representations, warranties, quality, suitability, legality, safety, availability, pricing, timeliness or outcome of any Partner Facilitated Services.
6. CUSTOMER-SELECTED SERVICES
6.1 In certain cases, the Member and/or Sponsor may independently select a Partner through the Platform.
6.2 In such cases, the Company’s role may be limited to:
- technology enablement;
- customer support interface;
- payment routing;
- coordination assistance; or
- related facilitation services.
6.3 Where the Member and/or Sponsor independently selects or engages any Partner, the Company shall not be responsible for the acts, omissions, quality, suitability, availability or outcome of services rendered by such Partner, except to the extent expressly undertaken by the Company in writing.
7. GENERAL OPERATIONAL FRAMEWORK
7.1 The Company’s role may vary depending on the nature of the relevant Service and may include direct service delivery, operational coordination, technology enablement, scheduling, facilitation, customer support, payment facilitation, emergency coordination and/or vendor aggregation.
7.2 The specific nature and extent of the Company’s involvement for each Service shall be described in the relevant Platform Documents.
7.3 Certain Products may be sold, supplied or otherwise made available through the Platform either directly by the Company or through Partners. Where a Product is sold directly by the Company, the Company shall act as the seller of such Product. Where a Product is supplied by a Partner, the Company’s role shall be limited to facilitation, coordination or other intermediary activities unless expressly stated otherwise in the relevant Platform Documents.
7.4 Response timelines, visit schedules, coordination timelines and emergency facilitation timelines are indicative only and may vary depending on operational conditions, geography, personnel availability, hospital response, telecommunications networks, third-party dependencies and external circumstances beyond the reasonable control of the Company.
PART C
SERVICE ADMINISTRATION, FEES & OPERATIONAL TERMS
8. SERVICE SCOPE AND APPLICABLE TERMS
8.1 Scope of Services: The Services to be provided by the Company to the Member shall be those selected by the Member and/or Sponsor and agreed by the Company from time to time, including any supplementary solutions, ad-hoc services or additional offerings made available through the Platform. The scope, inclusions, limitations and operational details of the relevant Services shall be governed by the applicable Platform Documents and service descriptions communicated by the Company from time to time.
8.2 Applicability of Schedule IA and Service-Specific Terms: Certain Services may additionally be subject to service-specific operational terms, eligibility conditions, exclusions, limitations, schedules, response mechanisms or service descriptions set out in Schedules IA and II and/or other applicable Platform Documents. The Member and/or Sponsor agrees to comply with such service-specific terms to the extent applicable to the relevant Services availed.
8.3 Modification of Services: The Company reserves the right to modify, update, suspend, discontinue or revise the scope, features, operational structure or availability of any Services from time to time in accordance with Applicable Laws and business requirements. Any such modifications shall become effective upon being published on the Platform or otherwise communicated to the Member and/or Sponsor.
9. Additional terms and conditions which are applicable to the specific Services availed by the Member are provided herein in Schedule II and the Member and the Sponsor are bound by all such additional terms and conditions.
10. The Member and the Sponsor are expected to be, and shall be deemed to be, fully aware of the Company’s terms and conditions for providing the Services (as provided in this MTC and in the Schedules herein) and the Member/Sponsor may also refer to the Company’s website for the same. The Member/Sponsor may however contact the Company contact center to seek clarifications/information regarding such terms and conditions and may request for a soft copy of the updated terms and conditions applicable to the Services being provided to such Member.
11. The Company reserves the right to amend or update any of the terms and conditions of the Services from time to time in accordance with Applicable Laws. Such amendments shall become effective upon being published on the Platform or otherwise communicated to the Member and/or Sponsor.
12. SERVICE FEE
12.1 In consideration for the Company’s performance of the Services as set forth in the MTC, the Member or the Sponsor (as the case maybe) shall make payment of the mutually agreed Service Fee to the Company. The Service Fee shall include collectively the following:
12.1.1 Subscription Amount: The Member or the Sponsor (as the case maybe) shall pay the amount specified in the relevant section of the Company’s website www.supportelders.com and/or otherwise communicated by the Company from time to time (“Subscription Amount“) to the Company through demand draft/ banker’s cheque / online payment / net banking (subject to actual realization by the Company); and
12.1.2 Other Charges: Any other fees including security deposits/advance amounts/usage charges etc. (“Other Charges“) applicable to specific Services, shall be payable by the Member or the Sponsor (as the case maybe) to the Company as specified by the Company from time to time. The Member or the Sponsor (as the case maybe) shall be required to pay the Other Charges to the Company through demand draft/ banker’s cheque/ online payment/ net banking (subject to actual realization by the Company).
13. The Service Fee provided in Paragraph 12.1 herein are exclusive of all applicable taxes, which shall be payable by the Member or the Sponsor (as the case maybe) (excluding tax on income of the Company) at the prevailing rates and in accordance with Applicable Laws. All payments of Service Fee shall be made by the Member or the Sponsor (as the case maybe) in INR (Indian Rupees) only.
14. It is hereby clarified that all payments of Service Fees shall be made by the Member or the Sponsor (as the case maybe) in advance. However, for any mutually agreed additional services being provided by the Company to the Member, invoices shall be issued by the Company to the Member or the Sponsor (as the case maybe), which shall be cleared immediately at the time of delivery of the service, failing which, the Member or the Sponsor (as the case maybe) shall pay a penal interest @ 12 (twelve percent) per annum on the amounts due for the period/duration of such delay.
15. If and to the extent that the Company’s costs are augmented by increases in minimum wages, cost of labour, cost of insurance or due to any change in any Applicable laws after the Effective Date, the Service Fees shall stand proportionately increased. Further, the Member and the Sponsor hereby acknowledge and accept that the Company shall have the right to escalate the Service Fees by 10% (ten percent) after the expiry of every 12 (twelve) months.
16. It is hereby agreed between the parties hereto, that in the event of demise of the Member or non-payment of the Service Fee for any reason whatsoever, the Nominee will be required to make timely payment of all outstanding dues to the Company pursuant to this MTC. The Nominee, for such purposes, shall be deemed to be the Member/Sponsor and all provisions set out herein shall be applicable to the Nominee.
17. REFUND OF SERVICE FEE
17.1 In the event that during the Term, a Member expires or is rendered physically incapable of accepting the Services selected by such Member or his/her Sponsor, the provision of Services under this MTC shall be cancelled and the Company shall refund the unused Subscription Amount to the Member (or to the Sponsor or the Nominee) on a pro rata basis without any interest. Further, the Company shall refund the unused /un-appropriated Other Charges (including but not limited to the Advance Amount and the Security Deposit, as applicable) to the Member (or to the Sponsor or the Nominee) without any interest after setting-off any amounts that may be due and payable by the Member or the Sponsor (as the case maybe) to the Company.
17.2 In the event that a Member or Sponsor (as the case maybe) desires to terminate/cancel the Services before expiry of the Term, the Company shall: (a) refund the unused /un-appropriated Other Charges (including but not limited to the Advance Amount and the Security Deposit, as applicable) to the Member or the Sponsor (as the case maybe) without any interest after setting off any amounts that may be due and payable by the Member or the Sponsor (as the case maybe) to the Company; and (b) be entitled to retain a portion of the Subscription Amount as cancellation charges and shall be required to refund only the remainder of the Subscription Amount depending upon the payment plan chosen by the Member or the Sponsor (as the case maybe), without any interest, in the manner provided in Schedule III.
18. OBLIGATIONS OF THE COMPANY
18.1 From time to time, the Member and/or the Sponsor may request the Company to provide services other than the Services. On receipt of such a request from the Member and/or the Sponsor, the Company may in its sole discretion supply a written quotation to the Member or the Sponsor (as the case maybe), including therein a description of the services to be provided and the fee proposed to be charged for the services by the Company. The parties shall only include such additional services that have been agreed to in writing by the parties.
18.2 The Company shall have the exclusive right to determine the number, qualification, experience, categories, working time and other criteria of the personnel required for rendering any Services. The Company shall in its sole discretion select, hire, remove, assign and/or re-assign the personnel and may employ such number of personnel as the Company in its assessment deems sufficient.
18.3 It is hereby clarified that the Company shall not be responsible for giving or obtaining specialist advice in areas outside its expertise (whether medical or non-medical) and shall not be held liable in any manner whatsoever where other advisers have been engaged to give the relevant advice. In the case of advice provided by other advisers, the Company will be entitled to rely upon that advice for the purposes of providing the Services. The Member and the Sponsor shall be entitled at any time to seek advice from any Person on any matter within the scope of the Services, but for the avoidance of doubt, the seeking of any such advice will be without prejudice to the payment of any fee to the Company hereunder.
19. OBLIGATIONS OF THE MEMBER AND THE SPONSOR
19.1 The Member and the Sponsor shall not at any time, directly or indirectly, contact any of the Company’s employees or staff. For all requests for Services and/or any other kind of communication with the Company, the Member and the Sponsor shall contact the Company’s contact center or use the Company’s website or any other available digital channels as may be offered by the Company to the Member and the Sponsor from time to time.
19.2 During the Term, the Member and the Sponsor shall regularly provide all such information, assistance and documents to the Company, as may be reasonably required by the Company for the performance of the Services and fulfilling its obligations under this MTC.
19.3 The Member and the Sponsor shall keep the Company informed of all developments (medical and non-medical) relevant to the performance of the Services by the Company.
19.4 The Member and the Sponsor acknowledge that in performing the Services, the Company shall be entitled without further inquiry or investigation to rely upon the accuracy and completeness of all information and/or documents provided by the Member and/or the Sponsor.
19.5 Unless expressly agreed otherwise, the Company shall be entitled to rely upon information, instructions, medical records and disclosures provided by the Member, Sponsor, Nominee or healthcare professionals and shall have no independent obligation to verify the accuracy or completeness thereof.
19.6 The Member and the Sponsor agree that no initiatives relevant to the Services will be taken by the Member or the Sponsor without first consulting with the Company with respect to the same.
PART D
LEGAL TERMS and LIABILITY
20. REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
20.1 Each party hereby represents and warrants to the other party that:
20.1.1 the execution and delivery hereof and the performance of its/his/her obligations hereunder, shall not (i) conflict with or result in the breach of the terms of any other contract or commitment to which it/he/she is a party or by which it/he/she is bound, (ii) conflict with or require any consent or approval under any judgment, order, writ, decree, permit or license to which it/he/she is a party or by which it/he/she is bound or (iii) require the consent or approval of any other party to any contract, instrument or commitment to which it/he/she is a party or by which it/he/she is bound;
20.1.2 there are no actions, suits or proceedings existing, pending or, to its/his/her knowledge, threatened against or affecting it/him/her before any Competent Authority that affect the validity or enforceability of this MTC or that would affect its/his/her ability to perform its/his/her obligations hereunder; and
20.1.3 the obligations under this MTC are legal and valid obligations binding on it/him/her and enforceable against it/him/her in accordance with the terms hereof.
20.2 The Company makes no warranties of any kind, expressed or implied, regarding the functionality of any hardware or software used in providing the Services or pertaining to the Services, but instead relies on the warranties provided by the manufacturer of each product. Further, the Company does not make, and hereby disclaims, any and all express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice.
20.3 Limitation of Liability
In no event shall the Company be liable to the Member, the Sponsor or any third party, for any loss of profits, loss of business, or indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to the provision of Services hereunder. Further, the Company’s liability to the Member or the Sponsor (as the case maybe) shall in no event exceed the total amount paid by Member or the Sponsor (as the case maybe) to the Company pursuant to this MTC for the Services rendered during the preceding 12 (twelve) months.
20.4 Indemnity
20.4.1 The Member and the Sponsor (“Indemnifying Parties”) hereby jointly and severally agree to indemnify and save harmless the Company and its officers, directors, employees, partners and agents (“Indemnified Parties”) promptly upon demand and from time to time against any and all losses, damages, costs, liabilities, fines, penalties, imposts, compensations paid in settlement or expenses (including without limitation, reasonable attorneys’ fees and disbursements but excluding any consequential, punitive or special damages) (collectively, “Losses”) arising out of:
- any mis-statement made by any of the Indemnifying Parties;
- the failure by any of the Indemnifying Parties to fulfill any agreement, covenant or condition contained in this MTC and the Platform Documents, including without limitation the breach of any of these Terms;
- any breach of any representations or warranties made by any of the Indemnifying Parties;
- any payments made on behalf of the Member or the Sponsor, as the case may be;
- the provision of Services to the Member based on instructions, information or requests provided by the Member and/or Sponsor; and/or
- any claim or proceeding by any third party against the Indemnified Parties arising out of any act, deed or omission of the Indemnifying Parties and/or persons acting for or under the Indemnifying Party (hereinafter referred to as a “Claim”).
20.4.2 The Indemnified Parties shall be entitled to make a Claim by issuing a notice in writing to the Indemnifying Parties and the Indemnifying Party shall pay an amount equal to the Losses within 45 (forty five) days from the date of such notice.
20.4.3 The indemnification rights of the Indemnified Parties under these Terms are without prejudice to, independent of and in addition to, such other rights and remedies as the Indemnified Parties may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished hereby.
21. CONFIDENTIALITY
21.1 The parties shall not disclose, divulge and/or disseminate to any third party any Confidential Information. This obligation will not apply to Confidential Information, which is or becomes public knowledge through no fault of the parties hereto as well as Confidential Information, which the parties hereto might be required to disclose under Applicable Law or by order of any Competent Authority.
21.2 The Company may engage Partners, associates, technology providers and external service providers for delivery, facilitation, coordination, monitoring, storage, processing and operational support relating to the Services. The Member and/or Sponsor expressly consents to the collection, use, processing, storage and sharing of certain personal information of the Member, including medical records, demography-related information, personal details like address and contact details, payments and other related information, health-related information, emergency information and electronic medical records (“Member Data“), with such persons on a need-to-know basis and to the extent necessary for provision of the Services, in accordance with Applicable Laws.
21.3 Subject to Paragraph 21.2 above, in the event any party hereto wants to disclose any Confidential Information, it shall take prior written consent of the other party and shall make only such disclosures as allowed by the other party. However, such consent shall not be required for disclosure of any Confidential Information that is already in the public domain or required by any court of law or other authorities under any Applicable Law. In such an event the disclosing party shall intimate the other party before making such disclosure.
21.4 Notwithstanding anything stated herein, the Member and the Sponsor, jointly and severally:
21.4.1 acknowledge and agree that in the course of providing the Services, the Company may use Member Data for the purposes of its own research and analytical purposes. Provided that the Company shall at all times treat such personal information of the Member as confidential and shall comply with the provisions of this Paragraph 21 in respect of such Member Data; and
21.4.2 hereby grant to the Company express consent to disclose such Member Data as is reasonably required for the Company to fulfil its obligations under this MTC and provide the Services, on a need-to-know basis and in accordance with Applicable Laws.
22. TERM AND TERMINATION
22.1 Either party may cancel the provision of Services hereunder by giving prior written notice of 7 (seven) days to the other party.
22.2 In the event that a Member or Sponsor (as the case maybe) fails to pay the Subscription Amount within the prescribed timelines of the payment plan chosen by him, the following shall automatically ensue:
22.2.1 If the Member’s membership is for more than 12 (twelve) months, the Member or Sponsor (as the case maybe) shall get a grace period of 15 (fifteen) calendar days to honour and pay the Subscription Amount and if the Subscription Amount remains unpaid after expiry of this period, the Services shall be deemed to have been cancelled. Provided that during the aforesaid grace period, the Company shall continue to provide the Services to the Member, subject to availability of adequate amount of the Other Charges (including the Advance Amount and/or the Security Deposit, as applicable) with the Company; or
22.2.2 If the Member’s membership is for less than 12 (twelve) months, the Services shall be deemed to have been cancelled.
22.3 On expiry of the Term or earlier termination of Services hereof:
22.3.1 The Company shall within 60 (sixty) days submit its final invoice to the Member or Sponsor (as the case maybe) setting out the total amounts due to the Company pursuant to this MTC which shall be settled in accordance with the mechanism specified in this MTC; and
22.3.2 The Member shall, and the Sponsor shall ensure that the Member shall, forthwith return all devices, documents and all other property of the Company, provided by the Company to the Member during the Term, as the Company may reasonably request; and
22.3.3 All the respective obligations of the parties hereto shall cease as of the date specified in the notice of termination or on the date of actual termination of Services by the Company, whichever is earlier (except for those obligations which, by their terms, survive the expiration or termination hereof).
22.4 The termination/cancellation of Services hereunder shall be without prejudice to any other rights or remedies of the parties whether under law or in equity or under this MTC.
22.5 Survival
22.5.1 Unless otherwise agreed by the parties and save as otherwise provided herein, the rights and obligations of the parties in respect of Paragraphs 1 (Definitions and Interpretation), 20 (Representations and Warranties, Limitation of Liability and Indemnity), 21 (Confidentiality), 22.5 (Survival) and 23 (Miscellaneous), and such other provisions which by their nature are intended to survive termination, shall continue to have effect notwithstanding the expiration of the Term or earlier termination/cancellation of Services pursuant to this MTC.
23. MISCELLANEOUS
23.1 Force Majeure
23.1.1 Upon the happening of a Force Majeure event preventing either party from performing its respective obligations hereunder, the affected party’s obligation to perform such obligations shall be suspended during the period affected by Force Majeure. The party suffering such event will promptly notify the other party in writing and if the period of suspension lasts for longer than 3 (three) months, then the affected party may decide at any time thereafter to terminate all or any part of the Services in accordance with the provisions hereof.
23.2 Notices
23.2.1 All notices and other communications pursuant to this MTC shall be in writing and shall be deemed to be given if emailed to the parties at the addresses set forth below or to such other address as the party to whom notice is to be given may have furnished to the other parties hereto in writing in accordance herewith. Any such notice or communication shall be deemed to have been delivered and received by email, on the date sent if confirmation of receipt is received
In the case of notice to Company:
Attention: Member Grievance Cell
E mail: writetous@supportelders.com
In the case of notice to the Member or the Sponsor: At such email address as mentioned in the enrolment form submitted by the Member or the Sponsor;
or at such other email address as the party to whom such notices, requests, demands or other communication is to be given shall have last notified the party giving the same in the manner provided in this Paragraph, but no such change of email address shall be deemed to have been given until it is actually received by the party sought to be charged with the knowledge of its contents.
23.3 Assignment
23.3.1 The Member and/or the Sponsor shall not be entitled to assign, delegate or transfer all or any of its rights and responsibilities hereunder, save and except with the prior written consent of the Company.
23.3.2 Notwithstanding anything stated herein, the Company may assign its interest or delegate or transfer all or any of its rights and responsibilities hereunder to any other entity as it may deem fit.
23.4 Waiver
23.4.1 No failure or delay by any party in exercising any claim, power, right or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof or of any other power, right or privilege. Any remedy or right conferred on a party for breach of any terms or conditions of this MTC shall be in addition to and without prejudice to all other rights and remedies available to it.
23.5 Entire Agreement
23.5.1 This MTC, together with the enrolment form and the nomination form constitutes the whole agreement between the parties and supersedes any previous written or oral agreements, understandings, negotiations and discussions between the parties in relation to the matters dealt with in this MTC.
23.6 Severability
23.6.1 If any terms and conditions of this MTC is determined to be invalid or unenforceable, the remaining terms and conditions of this MTC shall nevertheless remain in place, effective and enforceable by and against the parties hereto and the invalid, illegal or unenforceable provision shall be deemed to be superseded and replaced by a valid, legal and enforceable provision which the parties mutually agree to serve the desired economic and legal purpose of the original provision as closely as possible.
23.7 Costs
23.7.1 Each party shall be responsible for bearing its own costs and expenses.
23.8 Further Assurance
23.8.1 The parties shall use their reasonable commercial efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary or desirable under Applicable Laws and regulations to consummate or implement expeditiously the transactions contemplated by, and the agreements and understanding contained in this MTC.
23.9 Legal and Prior Rights
23.9.1 All rights and remedies of the parties hereto shall be in addition to all other legal rights and remedies belonging to such parties and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid and it is hereby expressly agreed and declared by and between the parties hereto, that the determination of this MTC for any cause whatsoever shall be without prejudice to any and all rights and claims of any party hereto, which shall or may have accrued prior thereto.
23.10 Independent Contractors
23.10.1 The parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. The provision of Services hereunder will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.
23.11 Counterparts
23.11.1 This MTC may be delivered via facsimile, electronic mail or PDF copy, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
23.12 Proprietary Rights
23.12.1 By posting messages, uploading files, inputting data, or engaging in any form of communication with the Company through any medium, the Member and the Sponsor are hereby granting to the Company an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which the Member and/or the Sponsor may possess proprietary rights, including but not limited to copyright rights. The Member and/or Sponsor grants the Company a non-exclusive, royalty-free, worldwide licence to use, store, reproduce, process and display such communications and content solely for purposes of operating, improving and providing the Services. The Member and the Sponsor shall have absolutely no recourse against the Company as the system provider for any alleged or actual infringement of any proprietary rights to which they may claim ownership. The use of the Company’s system by the Member and/or the Sponsor affords him/her access to many of the features of the Company’s system, but the Company’s system remains within the exclusive proprietary control of the Company. The Company or its suppliers own the intellectual property rights to any and all protectable components of its system, including but not limited to the website, computer software, the related documentation, the end-user interfaces, the name of the Company’s system, many of the individual features, and the collective works consisting of sequences of all public messages on the Company’s system. Neither the Member nor the Sponsor may reproduce any sequence of messages from the Company’s system, either electronically or in print, without the Company’s written permission. In addition, neither the Member nor the Sponsor may copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that the Company or its suppliers own.
23.13 Jurisdiction: This MTC shall be governed by and construed in accordance with the laws of India. Courts at Kolkata shall have exclusive jurisdiction.
SCHEDULE I
Scope of Services
1. Medical Emergency Alert Services (MEAS)
Through this service, the Company will offer access to the mobile application of the Company which will connect with the Company’s National Alarm Centre (“NAC”) when an emergency alarm button is activated. In case of a medical emergency, the NAC will immediately contact enlisted ambulance service providers for immediate transportation to the hospital. The NAC will simultaneously inform the Sponsor or the Nominee (if he/she is within geographical limits of India or any such person so nominated). The Company may engage external Partners to ensure end-to-end service delivery to its Members, including storage of electronic medical records. The Company shall use commercially reasonable efforts to coordinate and facilitate service continuity and alternative arrangements in case of any disruption. However, the Company shall not be liable for deficiencies in services independently rendered by such Partners
2. Care Management Service (CMS)
Through this service, the Company provides access to the Member or Sponsor through its mobile application to define the Member’s medicine administration schedule as well as the health monitoring schedule as defined by the Member’s doctor. The Member or Sponsor need to provide the Company, by calling the NAC, the relevant details of the caregiver appointed for providing care to the Member, including the mobile number and time slot of appointment. The Company will give access to its operations mobile application to the caregiver who needs to download the same on his / her mobile phone and record the attendance at the time of start of the time slot. The schedules defined by the Member / Sponsor along with other caregiving protocols will be available to the caregiver for updating. Once such details are updated by the caregiver, the details will be available to the Member / Sponsor through the mobile application for monitoring and review.
3. Enhancing Cognitive Solutions (ECS)
This service provides a platform to help improve the quality of life of elders through positive engagement and self-actualisation.
The platform is backed by results of academic research and serve as an application of research and engagement models in gerontology. Our structured approach ensures that the journey of the member through ECS is a fruitful one. The Company may engage external Partners to ensure end to end service to its Members but the Company will be responsible for the delivery and arranging alternatives in case of any problems faced by the Members.
4. Health Check-up Services (HCS)
The Health Check-up supplementary solution is offered only to Members who have already subscribed to another service of Company. Company collaborates with multiple diagnostic centres/pathological laboratories having relevant statutory registrations and licences as well as with doctors with statutory registrations in India and abroad to facilitate comprehensive diagnostic tests, planned doctor home visits as well as virtual doctor consultations.
5. Care Integration (CI)
The CI supplementary solution is offered to all Members already subscribed to a Company service. The Company will depute a trained and certified Care Integrator at a pre-specified frequency to assess the Member’s need for care support, with focus on emotional support, social interaction and motivation of daily tasks, and may coordinate with doctors and other medical needs as defined by the Company. The Member may choose service tenures of 1, 3, 6 or 12 months, and the monthly subscription charge may increase by 10% after completion of every 12 months. The CI Visit service may not be available if (a) the Member is absent, the visit cannot be completed due to personal health issues or emergency of the designated Care Integrator, (b) political disturbance/natural disaster/act of God, or there has been an adverse change in the Member’s health condition between visits. The scope of the Care Integrator excludes interpretation of medical status, taking medical decisions, medical intervention, deciding on alternate medicines without doctor advice, domestic work and ancillary services of that kind.
6. Digital Tracking and Monitoring (DTM)
DTM is offered to Members who have already subscribed to a Company service. The Member may choose pre-specified remote health monitoring (RHM) Devices, procure them from the Company, and after set-up by the Company, the Member can access pre-recorded health parameters through the Company’s mobile application for the period decided by the Company. The NAC team may undertake threshold-based monitoring where doctor suggested baselines have been provided by the Member and may, at the Company’s sole discretion, proactively declare medical emergencies and take associated action. The RHM Device may measure heart rate, respiration rate, pulse rate, body temperature, sleep quality, sleep time and SPO2. The Member may choose tenures of 1, 3, 6 or 12 months, and the basic monthly subscription charge may increase by 10% after every 12 months.
7. Home Pick-up and Drop (HPD)
This supplementary solution is offered to all Members who have already subscribed to any other service of the Company. The Member will be provided hassle free home pick up & drop with an option to choose with the pre-specified options of car Like – Innova and Dezire (AC) etc along with a Company’s staff for 4 hours or 8 hours or any other duration as decided by the Company. Beyond paid subscribed hours, charges will be calculated on pro-rated basis.
8. Hospital Discharge Logistics Management (HDLM)
This supplementary solution is offered to all Members who have already subscribed to any other service of the Company. A single person or a team of persons (“PCP”) will be assigned to each Member subscribing to the Hospital Discharge Logistic Management Service, thereby providing the Member and/or the Sponsor, peace of mind in terms of a single point of contact. The Company will manage and track the complete Hospital Discharge Logistic Management Service of the Member; The objective of this service is to ensure a smooth transition from hospital to home, promote faster healing, and prevent complications and readmissions by providing professional medical, rehabilitative, and personal support in the member’s own environment, helping them regain independence and improve their quality of life. It bridges the gap between hospital and home, offering tailored care, managing medications, assisting with daily activities, and providing emotional support for both members and their families. The PCP will provide assistance to the Member for the following services limited to the day of discharge and the following 14 days only:
i. Mediclaim settlement/patient bill clearance;
ii. Check the medicines provided by hospital during discharge;
iii. Get the medicines which are not listed/ changed post hospitalization;
iv. Organize in pill boxes;
v. Medicine management like track medicine purchase, taking, and stock-taking;
vi. Follow up on clothing from hospital to home;
vii. Notify the family doctor (If any);
viii. Therapy plan like Physio/speech;
ix. Follow up on any check-up;
x. Follow up on Dressing (in case of surgery);
xi. Any other complication/ limitation;
xii. Arrangement Nurse/attendant/aaya/maid (If required);
xiii. Arrangement of Buy/rent of medical equipment (If required);
xiv. Write in a paper for understanding of the member and attendant;
xv. Check for any restriction of food;
xvi. Availability of food for the day of discharge and next day;
xvii. Follow up on home hygiene and cleaning of bed;
xviii. Adequate lighting in rooms specially in the washroom;
xix. Rearranging bedside table and re-organize furniture that comes on the way on the day of discharge;
xx. Explain to the nurse/attendant the nutrition list provided by the Doctor / Nutritionist;
xxi. Keep the Member or Sponsor updated.
9. Member Logistics Management (MLM)
This service helps to manage and track the complete medical logistics of the Member; supervise, replenish and ensure that the Member’s regular requirement of groceries, vegetables, fruits and other food items are met; as well as supervise and ensure that the Member’s regular requirement for home hygiene is met. The Company will depute a trained and certified Member Logistics Specialist (MLS) to provide assistance to the Member for the following:
i. Schedule and take the Member for diagnostic tests and procedures;
ii. Plan and prepare for a visit to the doctor or the diagnostic test centre;
iii. Collect medical reports;
iv. Maintain a File with all Doctor prescription and Medical Test Reports;
v. Track medicine purchase, stocking, and stock-taking;
vi. Adhere to the Nutrition list provided by the Doctor / Nutritionist. The list will need to be approved by the Member and / or the Sponsor before it is used for procuring the food items;
vii. Adhere to the standard monthly requirement of groceries as provided by the Member and / or the Sponsor in writing;
viii. Check the stock of groceries and food items available at home and ensure the balance is purchased and delivered to the member;
ix. Adhere to any list of groceries and food items to be purchased if it is provided by member / sponsor;
x. Adhere to the fixed monthly utility order / purchase and payments;
xi. Ensure that AMC (Annual Maintenance Contract), if any are within validity period and ensure the renewal are done on time;
xii. Ensure that the housekeeper / attendant follows the standard weekly cleaning & maintenance schedule;
xiii. Ensure that any complaints related to the Household electrical equipment that are brought to the notice of the PCP are attended to through authorised service centres, or experienced experts if such authorised service centres are not available; and
xiv. Keep the Member or Sponsor updated.
10. Out-of-Home Assistance (OHA)
This service will help the Member to fulfil his societal duties such as:
i. escorts for visits to post office, bank, yoga centres etc.;
ii. technology assistance: mobile phone, email, skype, internet, facebook, twitter, online shopping;
iii. escort to salon, spa, parlours;
iv. escort to diagnostics or doctor’s chamber
v. assistance in utility bill payment / utility booking;
vi. assistance in personal errands: exchanging library books, CDs, journals, laundry service, repairing electronics, reading newspapers, magazines, etc.;
vii. mobile book and movie library; and
viii. general housekeeping and household repairs.
The Member will get scheduled services as defined in the package subscribed by him/her. The Member can also call Company’s contact centre or book through the mobile application for a single service on adhoc basis on payment of additional service charges. The delivery of the latter two will be on a first-in-first-out basis. Adequate control measures will be put in place to ensure delivery as well as quality of service.
11. Out Station Medical Travel (OSMT)
This supplementary solution is offered to all Members who have already subscribed to any other service of the Service Provider. Our Outstation Medical Travel service is designed to provide end-to-end assistance for members seeking medical care outside their home city. We ensure seamless coordination, responsive support, and holistic care throughout the treatment journey.
A dedicated staff will be assigned by the Company to help coordinate all aspects of planning, coordination, and execution. The dedicated staff assigned will accompany the Member during the outstation travel. The expenses for the travel, lodging, boarding and other necessary incidental expenses incurred by the staff for the travel will be borne by the Member.
The Company through the dedicated staff assigned will provide assistance to the Member for the following:
i. Collection of all relevant medical and Insurance details.
ii. In-person consultation with the Member’s doctor to understand treatment objectives and current medical condition.
iii. Collection of medical history and reports and coordination with the treating doctor to obtain travel clearance (including mode and duration).
iv. Documentation of ongoing medications and special medical requirements.
v. Arrangement and delivery of required medicines and medical equipment (if needed).
vi. Final Confirmation from the destination hospital and doctor on the appointment dates.
vii. Make a list of emergency contact numbers before the travel for any exigency.
viii. Coordinate arrangements for wheelchair assistance, caregivers/attendants, and local transportation at the destination.
ix. Help the member with the local logistics and arrangements for planned medical interventions at the destination.
To avail of this service, the Member may select the service tenure for any desired period.
12. Pest Control Services (PCS)
It is a supplementary solution offered to Members already subscribed to another service of the Company. The Company collaborates with third party pest control providers having relevant statutory registrations and licences to facilitate pest control services. The Company will inform the Member of the third party providers, package options and Subscription Amount; the Member selects the package and pays the Subscription Amount at the time of booking; the service must be booked at least 24 hours in advance; the Member must state preferred time and date during payment; package choice cannot be changed after payment; Company staff will be present at the Member’s residence to assist; the Member will receive prior confirmation of time and attending staff details; the Member’s address/contact details may be shared with the third party; the third party may call for directions; cancellation is not allowed once payment is received; and the Company’s role is limited to facilitation and it is not responsible for the quality, accuracy or consequences of the pest control service or outcome delivered by the third party.
SCHEDULE IA
CARE PATHWAY PLANS AND SERVICE INCLUSIONS
We may offer different care pathway plans (including Care Pathway 1: Independent Living, Care Pathway 2: Health Needs, Care Pathway 3: Cognitive Care, Care Pathway 4: Recovery and Healing, Care Pathway 5: Medical Travel) service packages, partner services and customised packages from time to time. The services included in each plan, any usage limits, optional add-ons and applicable charges will be described on our website www.supportelders.com or otherwise communicated by us at the time of subscription or service booking.
We may update, add, change or discontinue any plan, service or partner offering from time to time. Any third-party costs, including charges for carers, caregivers, doctors, hospitals, diagnostics, ambulance, transport, travel, equipment or other external providers, are not included unless we specifically say so, and must be paid separately by the Customer.
SCHEDULE II
Additional Terms and Conditions of the Services
PART A
OHA, ECS, HCS, CI, MLM, HDLM, HPD, OSMT and PCS
- The Member is requested to check the Company-provided identity card of the staff visiting to provide the services
- In case the staff is not carrying the Company-provided identity card, the service delivery would be considered as “not completed” and the Member should call the Company’s contact centre immediately so that the Services may be rendered subsequently as per mutual convenience.
- The Member authorizes the Company to investigate any incident of misbehavior faced by the Company’s staff while delivering the service and to take appropriate action as per Applicable Law.
- The operational hours for booking these Services are from 0900 hours to 1600 hours only for OHA, ECS, HCS, HPD, CI, MLM, PCS and HDLM services.
- Any request for Services beyond the aforesaid operational hours is at the sole discretion of the Company.
- While the Company shall try to accommodate and facilitate the Services selected basis the preferred choice of the Member, any booking / request confirmation is subject to the availability of resources and the decision taken and communicated by the Company in this regard would be final.
- The Company may facilitate engagement of third-party Partners for certain services in accordance with Part B of the MTC.
- The Company may provide coordination, facilitation or operational assistance in relation to such Partner services. However, except to the extent expressly undertaken by the Company in writing, the Company shall not be responsible for the quality, suitability or outcome of services independently rendered by such Partners.
- Charges payable for third-party Partner services may either be collected directly by the Partner or facilitated through the Platform, as may be applicable to the relevant service.
- Where CMS or any other SEPL Managed Service is operationally coordinated by the Company, the Company shall use commercially reasonable efforts to facilitate service availability in accordance with the relevant Platform Documents.
- The Member cannot demand the services from any unique resource/ particular person or agency.
- The Member shall not entertain / suggest / engage the Company’s personnel for any work / task / responsibilities beyond the Company’s schedule or working hours in lieu of cash / kind.
- Ad hoc requests can be made by the Member and the payment for such services will be adjusted against the advance amount maintained with the Company and in case no advance is maintained, the payment will be collected post-delivery of services by the Company’s staff.
- The responsibility to reach the meeting point for ECS service will be of the Member.
- The Company may ask for suggestions and feedback for monthly outing / get together / any other engagement in the ECS service. However the decision on scale, scope and facilities required for such Services is at the sole discretion of the Company.
- The Company shall make every effort possible to ensure that the ECS service is safe and comfortable for the Member, however, the Company shall not be liable for any deficiency of Service on the part of the vendors/suppliers appointed by the Company for the delivery of the Services.
- In case any Member falls ill or has any other medical emergency while availing of the ECS service, the Company shall strive to provide the best possible medical care and attention by a registered medical practitioner at the location and/ or at the nearest available hospital and all expenses in connection with the same would be borne by the Member/Sponsor. The Member/Sponsor commits not to hold the Company responsible or liable in any manner for any such eventuality.
- The Member availing ECS service shall inform the Company about any known medical history/allergy in writing, prior to the commencement of any travel and in the absence of such information, the Company shall not be liable for any consequences.
- By enrolling to the ECS service, the Member and the Sponsor confirm that the Member is physically and mentally fit for the Services. The Company accepts the Member’s and the Sponsor’s declaration in good faith and the Member will intimate the company of any change in status in writing.
- The Member can cancel / reschedule any fixed appointment confirmed by the Company within a period of 24 (twenty four) hours as per following rules:
-
- Cancellation of service an hour prior to the scheduled time: no charges billed and the Member can reschedule the service.
- Cancellation of service less than an hour before scheduled time: will not be considered and the Member will be billed for the entire scheduled period.
- Cancellation of Ad hoc Services: The Member can cancel any ad hoc request made as provided below:
a. Cancellation more than 24 hours before scheduled time: no charges billed and the Member can reschedule the service.
b. Cancellation an hour before scheduled time: the Member is assured of services on any alternative date and the Member will be charged a cancellation fee of INR (Indian Rupees) 100/- (one hundred) only.
c. Cancellation less than an hour before scheduled time: will not be considered and the Member will be billed for the entire scheduled period.
PART B
MEAS, DTM and CMS
- The actual location tracker of the mobile application of the Company is dependent on the availability of the network of the service provider at that location. The Company will not be responsible for any inaccuracy of location due to the same.
- The delivery of Service is also subject to the ease of access to the Member in case of a medical emergency.
- In case the entrance to the residence/location of the Member is restricted / prohibited / blocked / locked / not permitted, the Company’s liability will cease to exist once the Company informs the local police station and / or the designated person named by the Member in the enrolment form.
- Till the time of “no entry” and /or “no access” to the Member, the Company’s personnel are not responsible for the delay or failure of services.
- Limited to the availability of information with the Company, the Company may provide medical and/or other historical details of the Member to law enforcement agencies/firefighting/ disaster management/emergency response teams/public safety and security agency and /or the hospital if so requested/required by them.
- In the event that the Member expires before the arrival of the Company’s personnel/Partner’s personnel at the last recognized location/or at his/her own residential premises, the Company’s personnel will inform the local police station and/or the designated person as decided by the Member in the enrolment form.
- In the event that the Member expires while in transit from location to the hospital selected, the Company’s personnel/Partner’s personnel will get the Member admitted to the hospital identified to follow the standard procedure in accordance with the Applicable Law.
- The Member will have to provide the name of a nominee with a signed declaration by the nominee who will pay all the hospital / ambulance / medical test / treatment bills / fees / consultation charges / any other charges accruing due to the medical emergency.
- The Member will inform and update the Company on any change / addition in any kind of medical / health condition and insurance policy / coverage of the Member.
- The Member needs to ensure that he/she has the latest version of the Company’s mobile application on his/her mobile phone.
- There are no obligations or liabilities on the part of Company for consequential damages arising out of or in connection with use or performance of the mobile application or other indirect damages with respect to loss of property, revenue, or profit, or cost of removal, installation, or reinstallation.
- Company from time to time issues updates on methods of usage, warnings related to the mobile application through various communications methods or media and that will be treated as full and final information to Members and Sponsors regarding such updates.
- As long as the mobile application is under his / her possession the Member or Sponsor shall not indulge in, or allow anyone to indulge in, any attempt to reverse engineer, de-compile, or in any other manner disassemble the mobile application, and shall not, either directly or indirectly, alter, revise, enhance, customize or otherwise change or modify the mobile application or any part thereof.
- The Member and the Sponsor hereby jointly and severally accept and acknowledge that there are certain limitations to the working of the mobile application and that the MEAS and the CMS may not be available to the Member in certain circumstances. Such limitations and circumstances may include inter alia the following:
- The Member pressed the emergency button but there is no mobile signal;
- The Member pressed the emergency button but there is no GPS signal;
- The Member pressed the emergency button but all agents in the NAC are busy on calls and hence no one answered the call;
- The Member pressed the button but SOS data is not reported to the system for any reason including due to old version of the software on the mobile application;
- The Member pressed the emergency button and messages reaches the Company or its partner’s server but when the emergency notification is sent to the Company’s or its partner’s employees or care givers, there is a delay in sending the message and hence they don’t receive the message;
- Connectivity to partners of Company is lost due to network issues;
- Connection to internet is lost due to issues from the service provider end or maintenance;
- The Company’s partner providing ambulance services is notified of the Member’s location but the ambulance driver could not locate the house or could not identify the Member;
- Medical data on the Member’s account is outdated;
- Medical data of the Member could not be sent to the hospital or doctor due to confidentiality or any other issues with sharing data;
- Balance of the Member’s SIM gets exhausted due to over use;
- Proper medicines or time for taking the medicines were not notified to the Company for creating alarms and wrong medicines or alarm time are displayed;
- Geo-fence is not configured on the mobile application or Member’s device;
- Geo-fence is configured on the mobile application or Member’s device, the Member pressed the emergency button but the Member could not be located; or
- The Member was treated wrongly at the hospital or care centre or by the registered medical practitioner where he was admitted or was referred to.
- The battery of the Member’s mobile phone had not adequately been charged by the Member and the device had switched off because of low battery;
- That any of the RHM Devices through which data of the Member is recorded, is lost, stolen, damaged or defective or not functioning properly for any reason whatsoever;
- That the battery of the RHM Device had not been adequately charged / replaced by the Member and the device had switched off because of low battery;
- That the data was uploaded but connection to internet was lost due to issues from the network service provider’s end or due to maintenance issues;
- That the data was uploaded, but the same was not reflected in the system of the Service Provider due to any reason, including connectivity issues, system issues, server issues, phone software issues or RHM Device software issues;
- That the RHM Device recorded incorrect readings due to the Member not using the RHM Device as advised by the manufacturer of the RHM Device or for any reason whatsoever;
- That proper health parameter baselines were not notified by the Member to the Service Provider for monitoring by the Service Provider; and/or
- That there was an adverse change in the health condition of the Member in the intervening time between two consecutive monitoring of the health parameters by the Service Provider and hence the Service Provider could not take action that may have been needed.
The Member and the Sponsor hereby jointly and severally agree and undertake not to raise any claims or disputes against the Company and/or its partners, including medical alert device suppliers, on the occurrence of any of the aforementioned events or on the occurrence of any events similar to the aforementioned events and further undertake to indemnify the Company and/or its partners against such claims.
- The Company is dependent on external partners for delivery of certain services in the MEAS, DTM and CMS services, particularly pertaining to the medical alert tracking and storage of electronic medical records. In the case of termination of agreement between the Company and the external partner, the Company will endeavor to ensure uninterrupted service and availability of existing electronic medical records of the Member for a limited period. The Member and the Sponsor hereby jointly and severally agree and undertake not to raise any claims or disputes against the Company for any deficiency in service delivery or for any loss of data on the occurrence of the aforementioned event or on the occurrence of any event similar to the aforementioned event and further undertake to indemnify the Company against such claims
SCHEDULE III
REFUND PERCENTAGE
Subscription / Payment Plan Service usage in days Refund % to Member Monthly <= 15 days 50% > 15 days 0% Quarterly <= 15 days 85% 16 to 30 days 60% 31 to 60 days 25% > 60 days 0% Half Yearly <= 15 days 85% 16 to 45 days 70% 46 to 90 days 45% 91 to 150 days 15% > 150 days 0% Annual <= 30 days 85% 31 to 90 days 70% 91 to 180 days 45% 181 to 270 days 15% > 270 days 0%