Terms and conditions

GENERAL TERMS OF USE

These General Terms of Use (“General Terms of Use”) will govern your use of the online interfaces owned and controlled by EldriCare Health and Wellness Private Limited (hereinafter referred to as “the Company”) including the Website (www.eldricare.com), mobile app, and the helpline (hereinafter jointly and severally referred to as “Platform”).

The terms ‘You’ or ‘Your’ refer to you as the user (registered or unregistered) of the Platform, and ‘We’, ‘Us” and ‘Our’ refer to “the Company”.

These General Terms of Use are published in compliance with, and is governed by the provisions of Indian law, including but not limited to:

1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000,
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

ACCEPTANCE OF TERMS

Your compliance with these General Terms of Use is a pre-condition to your use of the Platform. If you do not agree to be bound by these terms, We urge You to cease use of the Platform immediately. If You continue to use the Platform, You agree to do so at Your own risk, without attributing fault or liability to “the Company”.

Your access or use of the Platform creates a binding and enforceable legal agreement between You and “the Company” and signifies your understanding, acceptance and consent to be bound by the terms and conditions contained hereinafter.

ADDITIONAL TERMS

Certain services on the Platform may have additional terms and conditions that will further govern your use of that particular service and supplement these General Terms of Use. If You choose to register for or access any such service, You will be presented with any relevant additional terms and conditions at that time. By using those services, you agree to comply with such terms and condition in addition to these General Terms of Use. In case of any conflict between these General Terms of Use and any service-specific terms, the latter shall prevail.

REGISTRATION

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the services that are only available to registered users (“Credentials”). You should keep your Credentials private and not share them with anyone else. The Company shall not be liable for unauthorized activity emanating from your account.

LIMITED LICENSE

“The Company” hereby grants you a limited license to access and make personal use of Platform and not to download or modify it, or any portion of it. This license does not include any resale or commercial use of Platform or its contents; any collection and use of any advertisements, descriptions or prices; any derivative use of Platform or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of “the Company” or Our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing “the Company”’s name or trademarks without the express written consent of “the Company”. Any unauthorized use terminates the permission or license granted by “the Company”. You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of “the Company” so long as the link does not portray “the Company”, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any “the Company” logo or other proprietary graphic or trademark as part of the link without express written permission.

To the extent that “the Company”’s site contains links to outside services and resources, “the Company” does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

RESTRICTIONS ON USE

• The contents of this Platform, such as text, design, graphics, logos, trade name, trade mark, audio clips, video, etc. and the contents of our Platform and associated Services, including text, files, images, photos, video, sounds, musical works, design, graphics, logos, trade dress, audio clips, photographs, software, interfaces, code, or other works of authorship (the “Content”) and their selection and arrangement is the property of “the Company” and/or of its associates and/or affiliates that have granted “the Company”, the right and license to use the Content, and is protected by the relevant and applicable copyright and trademark laws, or other intellectual property rights.
• You shall not use the Content or any part thereof as Your own content. You shall not reprint, republish or distribute any part of the Content in any form without the express written consent of “the Company”.
• You shall not create or use any other content that is deceptively similar to the Content, be it for Your own use or for the use of any third party.
• You shall not use any of the Content in a manner which is likely to cause confusion or to identify Your own products or services or to imply endorsement or otherwise of products or services to which they do not relate or in any manner which may cause damage to the reputation of “the Company” and/or its affiliates and/or associates.
• Nothing on this Platform or Your use of the services shall be construed as conferring on You or any party, any license or other rights under the intellectual property or other proprietary rights of the “the Company”, its affiliates or any third party, whether implied or otherwise, except as otherwise provided under these General Terms of Use.
• You shall not indulge in the act of copying, reproducing, transmitting, selling, distributing, license or create derivative works of the Content, from this Platform or any portion hereof.
• You shall not indulge in modification or alteration of the Content in any manner whatsoever.
• As a user of “the Company”’s Platform, We permit You to electronically view and print hard copies of our Service packages, products, Web pages from this Website or hard copies of our communications/offers sent to You or provided to You, for personal use. Intentional or unintentional commercial use of any elements or information on “the Company”’s Platform, directly or otherwise, is strictly prohibited unless express written permission is obtained in advance.
• “The Company” bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.

YOUR RESPONSIBILITIES

You are responsible for all use of the Platform and for all use of your Credentials.  You may use Platform and services available on it for lawful purposes only. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Platform and services available on it. You shall not attempt to gain unauthorized access to any of the services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

• copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the services available on it;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or in or on any content or other material obtained via the Platform;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform;
• access, retrieve or index any portion of the Platform for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
• reformat or frame any portion of the web pages that are part of the Platform;
• fraudulently misuse the Platform by scheduling an appointment which You have no intention of keeping;
• create user accounts by automated means or under false or fraudulent pretenses; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these General Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these terms.

PROCEDURES / PRODUCTS / SERVICES

The procedures, products, services and devices discussed and/or advertised within the Platform are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Platform by “the Company”, advertisers, sponsors, and other participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

NO-DOCTOR PATIENT RELATIONSHIP

“The Company” is a telehealth technology service provider. that coordinates and facilitates personalized healthcare plans as advised by qualified healthcare professionals. It is not a provider of professional medical or healthcare advice or services.

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Platform  may be  aimed at improving health of individuals. The provision of such Information does not create a doctor-patient relationship between “the Company” and You.  Such Information does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only general information provided to assist you in making Your decisions. The Information does not tantamount to, or is a substitute for, advice of a healthcare professional.

Irrespective of how You use the Platform, You hereby acknowledge and agree that there is no doctor-patient relationship between “the Company” and You. You further acknowledge and agree that Your interaction with doctors, nurses, healthcare providers, laboratory staff, pharmacists and other service providers through the Platform shall have no bearing on Your relationship with “the Company”, and You shall not hold “the Company” responsible for any such interactions and consequence of such interactions.

PROHIBITED CONTENT

You may be given the opportunity to submit feedback regarding your experiences, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Platform (collectively “Posted Information”). In addition:

• You are solely responsible for any Posted Information that you submit, publish or display on the Platform or transmit to other members and/or other users of the Platform.
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Platform.
• You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that “the Company” may (but is not obligated to) review and delete any Posted Information that, in the sole judgment of “the Company”, violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Platform and/or other website users.
• You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Information on the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the Company, its assigns, its contractors, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that “the Company” shall have the exclusive right to exercise this license to the extent of combining your Posted Content with the Posted Information of other Platform users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.

You hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information that —

• belongs to another person and over which you do not have sufficient legal rights;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary right(s) violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform.  “the Company” reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the registration of such violators or blocking Your use of Platform.

NO SPAM

You may not use contact information provided by our users or collaborating health care practitioners and services providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications or commercial communications. You shall not allow others to use Your account to violate these terms and conditions. We may terminate Your membership or access to the Platform immediately and take other legal action if you or anyone using your Credentials violates these provisions.

TERMINATION OR SUSPENSION

“The Company” reserves the right to suspend or terminate Your use of the Platform with or without  notice and to exercise any other suitable remedy available under the law if:

1. You fail to adhere to the General Terms of Use, or other Platform related terms and conditions captured in the Privacy Policy, Service Agreement, Release and Informed Consent and other policies and guidelines;
2. You behave inappropriately with others on or through the Platform;
3. A third party reports violation of any of its rights as a result of Your use of the Platform;
4. “the Company” has reasonable grounds for suspecting any illegal, fraudulent or abusive activity by You; or
5. “the Company” is unable to verify or authenticate any information provide to “the Company” by You;

Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account.

On termination of an account due to the reasons mentioned herein, You shall no longer have access to data, messages, files and other material kept on the Platform.

“the Company”’s decision to terminate Your account shall be be final.

LINKS TO OTHER SITES

To the extent that “the Company”’s site contains links to outside services and resources, “the Company” does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular provider of the service or owner of the resource.

The Platform may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse these sites or the products and services they provide. You acknowledge and agree that “the Company” shall not be responsible or liable for the content or accuracy of third party sites.

ADVERTISEMENT

“The Company” shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform. These advertisements are algorithmically placed on the Platform, and should not be construed as an endorsement or recommendation by “the Company”.

INDEMNITY

You hereby agree to indemnify, defend, and hold “the Company”, “the Company”’s agents, contractors (including medical and healthcare professionals), representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Platform or services (ii) Your breach of terms, conditions or provisions of the General Terms of Use and (iii) any negligent or intentional wrongdoing on your part.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstances will “the Company” or its contractors or agents  or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Platform or the Services, materials and functions related thereto whether or not “the Company” has been warned of the possibility of such damages or could have reasonably foreseen such damages.

Subject to other agreement that You may enter into with “the Company” for services on the Platform, under no circumstances shall the total aggregate liability of the Protected Entities towards you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising in relation to your use of the Platform exceed, in the aggregate, Rupees Two Thousand (INR 2000).

DISCLAIMER OF WARRANTIES

“The Company” makes no representations about the results to be obtained from using the Platform or the services, the information and the content made available on the Platform. The Platform the information, the services and the content are provided on an “as is” basis. “the Company”, its affiliates, contractors, service providers, partners, licensors and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. “the Company”, its affiliates, contractors, service providers, partners, licensors and suppliers, make no representations or warranties concerning the up-time, availability, suitability, accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of Platform as well as the Platform itself.

CHANGES TO POLICIES AND PROCEDURES

“The Company” may, at its sole discretion, and with or without notice, change, alter, modify or delete any of its policies, procedures, website content, fees and/or notices. You hereby agree that the “the Company” shall not incur any liability from You in case it exercises its rights as described above.

CHANGES TO GENERAL TERMS OF USE

We may change these General Terms of Use at any time, as we reasonably deem appropriate. Upon any change, we will post the amended updated General Terms of Use on the Platform with notice of the changes. Your continued use of the Platform following such notification shall constitute your affirmative acknowledgement and acceptance of the updated General Terms of Use. If at any time You choose not to accept this the applicable General Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Platform.

PATIENT EMERGENCIES

The Platform and services available on the Platform are not a replacement to emergency services offered at hospitals and should not be used or accessed if the patient is in a critical or unstable state. In case of emergency, please contact local emergency services and/or rush to nearest hospital.

In the eventuality of death of any user at home, “the Company” may request for medical post mortem report. However, under no circumstances will “the Company” provide a death certificate.

APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms of Use shall be governed by and be interpreted in accordance with the laws of India. The competent courts of Bengaluru, Karnataka shall have exclusive jurisdiction to resolve any dispute arising out of the use of Platform.

GRIEVANCE OFFICER

If you have any grievances, please write to our Grievance Officer, at Info@eld.care and our officer will attempt to resolve Your issues in a timely manner.

MISCELLANEOUS

Severability: If any term or condition described in these General Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from General Terms of Use and the remainder of the terms and conditions shall be interpreted as if such provision were so excluded and shall be enforceable.

Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

Notice to EldriCare:

#86, PALYAM, HOUSE, SOUTHEND ROAD, BANGALORE 560004

Notice to You:

At the email address provided by you at the time of registration on the Platform.

Waiver: No term or condition described in these General Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any.

Last Modified: 8^th April, 2021