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General Terms and Conditions
CARESTAY LIMITED & NILACARE HOME Pvt.Ltd. (hereinafter referred to as Nila) and its subsidiaries, agents and divisions require that You abide by the terms and conditions stated below as a condition of using this Website, the Services offered, purchase of Services, performance of Services, payments made, products, content, tools and functionality provided, transactions implemented on or through this Website (collectively referred to as Services). This Website contains material which is owned by or licensed to Nila. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Your access to and use of the Services of Nila is conditioned to Your acceptance of and compliance with these Terms and Conditions (hereinafter referred to as T&C). These T&C apply to all visitors, users and others who access or use the Services provided by Nila via this Website or otherwise. The T&C together with the terms and conditions contained in the "Privacy Policy" and the “Disclaimer Clauses” shall constitute an Agreement between the user and Nila. By using this site, you acknowledge Your acceptance of these T&C and Your Agreement to adhere to the same. Upon such acceptance these T&C will constitute a legal, valid, binding Agreement between You and Nila governing Your use of the site including the Services provided therein enforceable against the Parties in accordance with applicable law
1. INTERPRETATION
In these Terms and Conditions:
1.1. “We”, “Us”, “Our(s)” refers to CARESTAY LIMITED & NILACARE HOME Pvt.Ltd;
1.2. “User”, “Member”, “Client” shall include all the beneficiaries;
1.3. "You", "Yours", "Yourself" shall mean and include You as a user of this Website; person registering for the Services for a beneficiary and the beneficiary(s);
1.4. "Service/Services" are the Services delineated in the Website and the Services You have engaged us to undertake on Your behalf from time to time;
1.5. "Supplier", “Service Provider” mean and include all the third party vendors engaged by Nila on Your behalf to carry out the Services at Your request and include, the Suppliers/Service providers company officers, employees, agents and sub- contractors.
1.6. “Agreement” refers to these Terms and Conditions of use of Nila read with the Privacy Policy and Disclaimers, as well as any special terms and conditions agreed in writing between Nila and its users.
1.7. "Terms & Conditions" or “T&C” refers to these terms and conditions set out in this document read with the Privacy Policy and Disclaimers as well as any special terms and conditions agreed in writing between Nila and its users.
1.8. “Website” shall refer to www.nilacares.com including all its webpages.
2. SUPPLY OF SERVICE
2.1. General
2.1.1. Nila shall indulge in providing package based and individual Services to its users either by its own or by channelling it through third party Suppliers/Service Providers. Nila undertakes to provide the following Services to its users either by itself of through third parties, which is not all inclusive –
Regular follow up by the Family Care Manager
Weekly Reminders for wellness routines like exercise/ taking medicines etc
General Physician Home visits
Accompanied Medical Appointments
Maintaining electronic Health records
Healthcare at home
Diagnostic needs
Medical Shops / Pharmacy
General Physician (appointments/home visits)
Physiotherapist (appointments/home visits)
Home stay Nurse
2.1.2. Nila shall supply the Services to You during the tenure of membership or registration with Nila in accordance with Your specific requests, provided that Nila shall not be required to provide or facilitate the supply of goods and/or Services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
2.1.3. Nila shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimated only and time shall not be of the essence for performance of any Services, unless otherwise specified.
2.1.4. If a request for a specific product or Service is not available, Nila may offer You substitute products or Services of a similar description and standard.
2.1.5. The Services purchased through this Website are for a fixed period of time as specified in the description of such Services. On the expiry of the Service period for a Service, all the obligations of Nila towards You for such Service shall cease.
2.1.6. All the correspondence between Nila and You, the beneficiary or any third party in relation to the Services being provided may be recorded and You hereby consent for the same.
2.1.7. You hereby acknowledge that for the Services provided by third parties the Agreement for the supply of goods and/or Services made as a result of Your request is between You and the relevant Supplier/Service Provider and Nila is not a party to such Agreement.
2.2. Health Care Assistance
2.2.1. Nila shall provide assistance to its users for all the health care needs of its beneficiary’s subject to the T & C as mentioned in this Agreement.
2.2.2. Nila undertakes to establish a team of empanelled doctors/professionals to cater to the health care needs of the users whereas diagnostic, pharmacy, nurses, attenders, physiotherapy needs may be delegated to third-parties.
2.2.3. The team of empanelled doctors/professionals of Nila may provide You with health profiling and to help You make better decisions, but medical information is not the same as medical advice or opinion. You as the user of the Services assume full risk and responsibility for any and all use of the Services including the information presented thereon.
2.2.4. Nila assures and acknowledges that with the support of its empanelled team of doctors and physicians, a regular assessment of the user/beneficiaries shall be made in order to address all the health care needs which arise from time to time.
2.2.5. In case of an emergency, the Nila shall use its best efforts to verify the false alarms (i.e. verifying whether the emergency is an actual emergency from other sources), at the earliest. However, any delay caused due to such verification or consequences arising out of such delays shall not be the liability of the Nila.
2.2.6. Nila shall at all times endeavour to ensure that the beneficiary is reached on time or necessary alternative arrangements are made to address their concerns. However, Nila shall not be responsible for any delay caused to reach the beneficiary or arrange for immediate assistance under circumstances beyond the control of Nila, its staff and affiliates which includes but is not limited to mobile network failure, internet traffic congestions, environmental conditions, road traffic congestions, etc., or any other technical issue.
2.2.7. Nila shall ensure that the beneficiary is taken to one of the hospitals stated by You/ beneficiary at the time of registration, until unless the situation demands otherwise. Nila assures and acknowledges that it shall take every step keeping in mind the best interest of the beneficiary in the existing situation pursuant to the condition of the beneficiary.
2.2.8. Nila shall in no event be liable for any actions taken by the hospital or any other person taking decisions at such given time.
2.2.9. In the situation of an emergency if a third party has already initiated action before the Nila, Nila shall not interfere with the same until otherwise needed or as instructed by You. Nila however undertakes to keep You informed of the same and assist the beneficiary as may be required.
2.2.10. It is specifically agreed that Nila shall render its Services and assistance to its members and their beneficiaries on priority basis in case of an emergency. Any liability for providing/not providing assistance to a third party along with the beneficiary cannot be attributed upon Nila. However, Nila assures rendering its best possible assistance to the extent possible by Nila and to the extent it does not prejudice the interest of its users and their beneficiaries.
2.2.11. The user agrees and acknowledges that all the expenses incurred by Nila in rendering and facilitating the emergency Services shall be refunded to Nila.
2.2.12. In no event shall Nila be held liable for any attempt by You to self-medicate or for wrongly ordered medicines. The Nila is not responsible to verify the medicines that are delivered to You. You are advised to check the medicines ordered at the time of delivery by the pharmacy including but not limited to the expiry date.
2.2.13. The user agrees and acknowledges that Nila shall not be held liable of providing medical emergency assistance to the beneficiary post the expiry of the plan as the contract between the user and Nila shall be deemed terminated once the subscription period with Nila is expired.
2.2.14. The user agrees and acknowledges that Nila shall not be held liable for providing medical emergency assistance unless the beneficiaries have provided Nila with the required details during the health profiling which is conducted during the registration process by Nila to create an emergency assistance plan for the beneficiary which is singed by the beneficiary. Nila However, shall ensure that the beneficiary is taken to one of the hospitals stated by the user/ beneficiary if the Health Profiling is not completed by the beneficiary.
4. TERMS OF USE OF SERVICE
4.1. You have the prior written consent of the Beneficiary to provide the Beneficiary's personal and medical information.
4.2. You hereby authorise Nila to use Your information and the information of the beneficiary, as may be required from time to time, in relation to fulfilling its continuing obligations.
4.3. You may place Your request either by whatsapp or Email
4.4. You agree that before placing an order to avail any Service, You will check the Service description carefully. By placing an order to avail of a Service, You agree to be bound by the conditions of sale included in the Service's description.
4.5. If Nila is unable or not obliged to deal with any request, it will inform the user as soon as reasonably practicable.
4.6. The user undertakes not to directly or indirectly hire any Services of its third party Services providers without prior intimation to Nila.
4.7. The user undertakes to immediately report Nila of any alterations/modification sought in the Services rendered by the Service providers of Nila which are availed through Nila.
4.8. The user agrees and acknowledges that apart from the booking and registration charges for individual Services or packaged Services as the case may be, the user is under an obligation to reimburse all the expenses borne by Nila, unless otherwise agreed upon.
5. PRICING, CANCELLATION AND REFUND
5.1. All descriptions of any products, Services or benefits on the Website have been approved by the relevant Supplier/Service Provider. Nila shall not be liable for inaccurate or misleading descriptions.
5.2. Nila has taken all due care to ensure accurate description of the Services and pricing information on this Website. However, it is specifically declared that Nila cannot confirm the price of the Services until after You place an order to avail such Services through this Website.
5.3. If a booking for package Service (as defined under Services in the Website) is cancelled or postponed, all monies paid by You shall be retained by Nila and if applicable a fee for all work completed beyond what was already paid for shall be paid by You to Nila. The user is also under an obligation to ensure that entire payment for the Services sought to be availed is made to Nila even if the Services are not being availed by the customer.
5.4. The individual Services delegated by Nila to other third party Supplier/Service Providers are amenable to cancellation as per the terms and conditions of the concerned Supplier/Service Provider. Nila shall not be responsible for any such cancellation/refund/loss/inconvenience caused either to the user or the Supplier/Supplier/Service Provider in view of such cancellation.
5.5. In the event that a Service is listed at an incorrect price or incorrect information, Nila may, at its discretion, either contact You for instructions or cancel Your order to avail such Service and notify You of such cancellation.
5.6. Nila reserves the right to modify the price of the Services from time to time without prior intimation to You. However, in case of any change in the pricing of the Service already ordered by You but not rendered by Nila/Supplier/Service Provider, due opportunity shall be provided to You by means of an intimation of the said change, seeking Your instructions for continuing with the modified pricing or cancellation of the Service.
5.7. It is agreed and acknowledged by the user that in case the user cancels/terminates the subscription for Nila Packages for whatsoever reasons within 0-1 month of the subscription, the user shall be entitled to receive a refund for 9 months within 30 business days after deducting all the expenses, bank charges, any deductions and taxes.(a) You can cancel the membership anytime within the first 90 days of signing up for the care plan.(b) You will be refunded for a 9 months period and the refund amount will be prorated subject to the number of Care Manager Visits you have used for the period of 90 days and after deducting any taxes paid.(c) If you cancel after 90 days, refund will be based on care manager visits used until the period and prorated refund will be provided accordingly after deducting taxes paid to the government.
5.8. It is agreed and acknowledged by the user that in case the user wants to cancel/terminate the subscription for Nila packages for whatsoever reasons post 1 month of subscription , Nila reserves its right and total discretion in determining the refund, if any, for the said cancelled packages/Services depending on the execution of the Service, investment made by Nila and involvement of third party Supplier/Service Providers.(a) Chargebacks if any raised by the users- The amount received against the plan is considered as the net amount credited to our account which is post deduction of the bank charges. Any bank charges incur in refund process the same would be borne by the user
5.9. You hereby undertake and acknowledge to make good all the loss suffered by Nila due to the cancellation of Service whether package or individual.
5.10. For refunds or cancellation of Care Plans subscriptions on discounted or special promotional offers run by Nila, the refund will be provided on the actual price of the plan and not on the discounted plan price.
5.11. All Promo offers / special discounts and other deals are applicable for new subscribers only.
5.12. No two offers can be clubbed together and used as one offer.
5.13. Nila at its own discretion holds the rite to accept/ deny subscription for any and all promotional offers without any prior notice to the existing users/ new users or members.
5.14. For any cancellation/refund request, the user acknowledges to send a written communication to Nila over email within 365 days of the plan start date.
6. PAYMENT
6.1. All the payment towards the packages/Services of Nila as delineated on its Website shall be processed prior to Nila rendering the Service.
6.2. If You fail to make payment in accordance with clause 6.1, for registration/booking of third party Service with Nila or Services provided by Nila as the case may be, We reserve the right to charge interest at a rate of 10% per month on the outstanding amount.
6.3. While availing any of the payment method/s available on the Website, Nila will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:Lack of authorization for any transaction/s, orExceeding the present limit mutually agreed by You and between "Bank/s", orAny payment issues arising out of the transaction, orDecline of transaction for any other reason.
6.4. In the event the Nila agrees to accept payment for the Services of any Supplier/Service Provider through the payment gateway mechanism provided on the Website, it shall be doing so solely on the instructions of such Service Provider and shall in no manner be liable to You for collecting and/or refunding any payments received on behalf of such Service Provider. In this regard, You acknowledge and agree that the Nila is merely a facilitator in relation to receiving payments from You for any third party Services and it is not acting as a trustee in relation to such payments.
6.5. All the payments made online via credit/debit card, RTGS, NEFT, Internet Banking, etc., shall be subject to successful authorization from the card holders bank/account holders bank as the case may be.
6.6. In case of any fraudulent or illegal transaction entered upon by You, Nila reserves the right to recover the cost of the Service, collection charges and advocates fees from You if You are found using a credit/debit card, the Services and/or this Website fraudulently including initiating any legal proceedings against You for fraudulent use of this Website. You hereby agree to hold Nila harmless against any liability arising out of or associated with such fraudulent transaction.
6.7. In case of any fraudulent or illegal transaction, suspicion of any fraudulent or illegal transaction, or in the circumstance a chargeback is initiated either by the real card owner/account holder or the concerned issuing bank, You shall be under an unsurpassed obligation to render all the information sought by Nila which shall including furnishing a scanned - masked card copy involved in the transaction and the signed letter of authority for verification purposes. We request Your cooperation in replying to all such queries in furtherance of the same.
7. SUPPLIERS/SERVICE PROVIDERS
7.1. Nila has exercised complete diligence in selection of the Suppliers/Service Providers, nevertheless, Nila cannot be held accountable for selecting the subject Supplier/Service Provider.
7.2. Suppliers/Service Providers are solely responsible for providing You with the Services, products and benefits You request us to order on Your behalf from time to time. For all the third party Services, Nila shall limit itself to arranging Suppliers/Service Providers and communicating with them on Your behalf for facilitating the said Service.
7.3. Suppliers/Service Providers may impose their own terms and conditions which, in every case apply to the supply of goods and/or Services by the concerned Suppliers/Service Providers to You, and such terms and conditions shall be binding upon You till the conclusion of the Service.
7.4. Nila assures that it shall work with the Supplier/Service Providers to ensure that quality Services are provided in a timely manner in continuity. However, the Nila shall not be responsible for any consequences of delay caused by them.
7.5. The Nila shall in no way be liable for any accidents or other damages that may be caused by the Suppliers/Service Providers.
8. TERMINATION
8.1. YOUR Agreement with Nila shall stand termination upon expiry of the Service period for Yearly Care Plan Services and upon conclusion of Service organised by Nila for individual Services booked by you by paying the one time service booking fee.
8.2. Nila in its sole discretion shall exercise the right of automatic, immediate termination of Your membership with Nila if You have acted in breach of any T&C as mentioned herein, You have acted in any way which is unlawful, if Nila is unable to verify the information provided by You and if other Members give negative feedback about You which Nila determines in its absolute discretion is worthy of termination. Any and every such termination shall be without any liability to the Nila.
8.3. Any such termination of this Agreement/Services shall not cancel Your obligation to pay for the Service already booked from this Website or affect any liability that may have arisen under the Agreement.
8.4. If Your Membership is terminated, either by You or by Nila, You are no longer authorised to access the Website and all restrictions imposed on You, and all indemnities, disclaimers and limitations of liability set out in this Agreement will survive.
9. LIMITATION OF LIABILITY
9.1. Subject to Clause 11 of these T&C, nothing in these T & C shall limit or exclude Nila’s liability for:(a) death or personal injury caused by its negligence, or the negligence of its employees or agents (this does not include the Supplier/Service Providers/suppliers);(b) fraud or fraudulent misrepresentation; or(c) breach of the T&C of this Agreement.
9.2. Nila shall not be liable to the user or its beneficiaries, whether in Contract, Tort (including negligence), breach of statutory duty, or otherwise, for any loss or damages whether direct or indirect arising under or in connection with their Membership or use of this Website; and
9.3. Your Contract for the supply of products or Services is made with the relevant Supplier/Service Provider and hence, all Your rights and remedies shall be exercised only against the Supplier/Service Provider.
9.4. You acknowledge that any Contract entered into by You with any Supplier/Service Provider is an independent contract. Nila hereby disclaims any and all liability for any act or omission of any Supplier/Service Provider or any loss incurred by You as a result of any act or omission of a Supplier/Service Provider whether or not arranged through Nila.
9.5. Nila shall not be liable to You or be deemed to be in breach of these T&C by reason of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond Nila’s reasonable control.
9.6. It is agreed that in the event that You or Your beneficiary is unable to receive the Services on account of an inaccuracy or mistake by You and any inconvenience or delay that ensues are a result of such mistake, shall not be the Nila's liability and losses incurred by Nila as a result of such inaccuracy or mistake may be claimed from You
9.7. This clause shall survive termination of Your membership with Nila or conclusion of the Services.
10. FORCE MAJEURE
10.1. Neither Nila nor the Supplier/Service Providers shall be held liable for non-performance (either in whole or in part) or delay in its performance of their respective obligations, if caused by Acts of God (including fire, flood, earthquake, storm, tsunami or other natural disaster), civil unrest, rebellion, revolution, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone Service and any other event which could not reasonably be foreseen and is beyond the reasonable control of Nila or the Supplier/Service Providers.
11. INDEMNITY
11.1. By accessing this Website, You agree to defend, indemnify and hold harmless Nila, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to the Nila or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Agreement or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of Service by other users of this Website and infringement of intellectual property or other rights or in relation to any claims arising due to providing the beneficiary information. This clause shall survive the expiry or termination of this Agreement and termination of Your membership with Nila.
11.2. You hereby expressly release Nila and/or its affiliates and/or any of its staff and/or employee and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third party Service provider and specifically waiver any claims or demands that You may have in this behalf under any statute, Agreement or otherwise.
12. WAIVER
12.1. If Nila fails to insist upon strict performance of Your obligations under any of these T&C, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations. No waiver by Nila of any default will constitute a waiver of any subsequent default, and no waiver by Nila of any of these T&C will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
13. MISCELLANEOUS
13.1. It is agreed that You and Your beneficiary shall use the Services rendered by the Nila, its affiliates, consultants, third party Supplier/Service Providers and contracted companies, for lawful purposes only and comply with the T&C, all applicable laws and regulations while using any of the Services and this Website.
13.2. It is agreed that You are accessing this Website and transacting at Your sole risk and are using Your best and prudent judgement before entering into any transaction through this Website.
13.3. It is agreed that You or Your beneficiary shall not use this Website for disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
13.4. It is agreed that You shall refrain from interfering with any other person's use or enjoyment of this Website or access or try to access any account other than Your account.
13.5. It is agreed that You and Your beneficiary shall not indulge in any act resulting in breach of any applicable laws.
13.6. It is agreed that You and Your beneficiary shall be the single point of contact for Nila for all matters subjected to the services offered by Nila. Nila from time to time provides service related information to the User and the Beneficiary/Beneficiaries only.
14. CONFIDENTIALITY
14.1. The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
15. COPYRIGHT & TRADEMARK
15.1. The contents of this Website, such as text, design, graphics, logos, trade name, trade mark, audio clips, video, etc. and the contents of our Websites 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 Nila and/or of its associates and/or affiliates that have granted Nila, the right and licence 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 Nila.
15.2. Nothing on this Website or Your use of the Services shall be construed as conferring on You or any party, any licence or other rights under the intellectual property or other proprietary rights of the Nila, its affiliates or any third party, whether implied or otherwise.
15.3. You shall not indulge in the act of copying, reproducing, transmitting, selling, distributing, licence or creating derivative works of the Content, from this Website or any portion hereof.
15.4. You shall not indulge in modification or alteration of the Content in any manner whatsoever.
15.5. You shall not use any of the Marks as Your own marks or as part of Your own marks or in any 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 Nila and/or its affiliates and/or associates.
15.6. You shall not create or use any other mark that is deceptively similar to the Marks, be it for Your own use or for the use of any third party.
15.7. As a user of Nila, 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, with the sole purpose of placing an order or booking any Service with Nila. Intentional or unintentional commercial use of any elements or information on Nila’s Website, directly or otherwise, is strictly prohibited unless express written permission is obtained in advance.
15.8. The Nila bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.
16. VARIATION/ALTERATION AND SEVERABILITY
16.1. Nila reserves its right to vary/alter/modify these T&C from time to time and the same shall be notified to You by means of the Website, by Email or by phone. Your continued use of Your Membership with Nila constitutes acceptance of such variations to these T&C.
16.2. All the amendments/variations made to this Agreement in future shall be read as part and parcel of this Agreement unless otherwise intended.
16.3. If any clause of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
17. GOVERNING LAW AND JURISDICTION
17.1. The arrangement/Agreement/association between Nila and the users and its beneficiaries shall be construed in accordance with the applicable laws of India. The Courts at New Delhi, India shall have sole and exclusive jurisdiction in any proceedings arising out of this arrangement/Agreement/association.
17.2. Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement, shall be resolved amicably by mutual understanding, upon failure of the same the dispute may be referred to be resolved by arbitration under the Arbitration and Conciliation Act, 1996 upon mutual Agreement of the parties.