TERMS AND CONDITIONS
Care4parents is the registered trademark owned and operated by Pinkshashtra Health Solutions Pvt Ltd (hereinafter referred to as the company) and provide their services to the user, (hereinafter referred to as the subscriber) subject to the terms and conditions given hereunder. You are requested to read the Terms & Conditions of usage carefully before accessing or using this website for accessing preventive and assistive healthcare services in India. By accessing or using this site you agree to be bound, without limitation or qualification, by the terms and conditions of use. All services listed on website constitute an "invitation to offer". Your subscription constitutes your "offer" which shall be subject to the terms and conditions as listed below. The company reserves the right to accept or reject your offer.
The Company shall act as the facilitator of the Subscriber, The Subscriber gives complete authority to the company to share their Medical history/ information with the Doctor/ Healthcare Provider /Hospitals etc. treating the subscriber. In case the subscriber wishes to withhold any information then the same should be expressly marked as confidential. And in such case, company cannot be held liable for any incomplete information with the doctor treating the subscriber
It is made clear that the Company is providing a platform which gives an interface and facilitates interaction between the Subscribers, doctors / Hospitals / Healthcare service providers and in no event whatsoever does the Company guarantee or subscribe to the advise provided by the doctors/health experts and/or guarantees the efficacy of the services provided by the Doctors / Hospitals/ Health care specialist.
The company shall list the empanelled Hospitals / Healthcare providers / testing Labs etc. ie the service providers on its site. The subscriber will have the discretion to choose from the empanelled service providers only. No other service provider shall be available through the company as part of the package. Any other service provider is Value Added Service. The subscriber shall identify and confirm the service provider before receiving the services.
The Subscriber must be competent and eligible to enter into legal binding agreements as determined by the provisions of Laws of India.
The Subscriber may access areas of the website by becoming a registered member and creating an account in the website. The Subscriber agrees to be responsible for maintaining the confidentiality of the passwords or other account information which the subscriber may choose and all activities that occur under the account.
By registering on the website, Subscriber agrees that:
(i) Subscriber’s account and password are personal to and may not be used by anyone else to access the website; (ii) Subscriber will not do anything which would assist anyone who is not a registered Subscriber to gain access to any area of the website requiring registration; (iii) Subscriber will not pass off as and/or impersonate another Subscriber/person; Subscriber agrees to notify us immediately in case of any unauthorised use of the Subscriber’s password or account information by others.
The Annual Charges are for the services that are part of the package only as mentioned at the site and are subject to change from time to time.
The charges for any additional services are separately notified and the Subscriber shall confirm the charges before receiving the services.
In addition to the charges of the Service Provider the company may also charge facilitation charges from the subscriber at its sole discretion, For Value Added Services.
The company may also separately charge facilitation charges or may receive volume discounts or compensation/fee in any other manner whatsoever from the healthcare service providers / hospitals/ doctors which the company may deal with, retain and/or exclusively appropriate at its sole discretion. The subscriber shall have no claim upon the same in any manner whatsoever.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the subscriber and /or a person duly authorized by the subscriber. The company will not be responsible for any credit/debit card fraud because of the card being misused. The liability to use a credit/debit card fraudulently will be on the subscriber.
In case the payment is remitted by the children or by well wishers of the subscribers then it shall be the sole responsibility of the remitter to take consent to act on behalf of the subscriber. The receipts shall be issued in the name of the subscribers only. In case of payments in currencies other than INR, it shall be the responsibility of the remitter/subscriber to comply with all regulations that may be applicable in such cases.
The company will charge statutory taxes such as GST as may be applicable by Indian Laws.
In the case of any scheduled hospital procedure / surgery and / or home care procedures such as physiotherapy, Lab Tests etc. the subscriber or their nominee shall be provided with a payment link in advance of the service provider directly or they would pay the company on the estimated charges (including facilitation charges) prior to the procedure.
It is clarified that the company and C4P are providing a platform which gives an interface and facilitates interaction between the Subscribers, doctors / Hospitals / Healthcare service providers within India only and more specifically in the city as laid down in the package. The fact that the payment has been received from an overseas resident cannot mean to construe that the services are provided outside the defined area in India in any manner whatsoever.
In case of any emergency health crisis the subscriber has to contact the desired hospital emergency and call for ambulance and / or seek medical help at his or her own discretion. The payments will have to be made by the subscriber directly. As the initial response time is crucial the company does not encourage or undertake any kind of emergency responses. The subscriber can simultaneously contact our helpline who may assist in shifting/ admission as may be required on best effort basis but the same is not within the scope of services nor the same have been charged for in any manner whatsoever.
Disclaimer/s and limitation of liability
The company will not be liable for wrong diagnosis by the Doctor /hospitals/healthcare service provider, use, overdose of medicines and the risk associated, the subscribers are requested to consult the doctor/ Healthcare provider directly before commencing any procedure.
The process of registration will be mandatory for all our subscribers who agree and acknowledge that he/she shall be solely responsible for the conduct and that the company reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other law for the time being in force.
The company shall not be liable for any delay / non-delivery of services due to inability of the service provider, floods, earthquakes, fire, wars, Pandemics, acts of God or any cause that is beyond the control of the company and no responsibility or liability of any violation of local or international laws that may be incurred by your visit and/or transaction/s on this web-site.
In the case where our healthcare service providers, Doctors and/or employees undertake home visits the same shall be solely at the request, risk and responsibility of the subscriber and/or their authorized persons (children). The company and its officials shall not be liable for any loss, damage and / or adverse health effect directly linked to or consequential of their home visit and/or for the service provided.
In case the company assists in arranging for the Ambulance/transport to the hospital/ healthcare facility the same shall be solely at the request, risk and responsibility of the subscriber and/or their authorized persons (children) the company and its officials shall not be liable for any loss, damage and / or adverse health effect directly linked to or consequential of their transportation arranged and/or for the service provided.
In no event shall the company and its directors, officials, representatives and employees be liable for any damages or claims relating to services provided through its various platforms and will not be liable for direct, indirect, punitive, incidental, special or consequential damages or for any other damages.
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Company, independent professionals/experts, visitors to the Website or others, is solely at the subscriber’s own risk. By using the website you agree to use the website for the intended information and communication purposes only and particularly not for any medical purposes, any information shared by the professional experts on the website should not be misconstrued as medical advice / prescriptions or diagnosis and the subscriber is to consult a medical expert / Practitioner in case of any Health issues / advisory.
The availability of services is subject to change without prior notice at the sole discretion of the company and service requests can be cancelled if the same is not accessible due to rush on healthcare systems and/or any government restrictions or any other reason. The company reserves the right to refuse or cancel any order placed for a service that is wrongly priced in the website even if the order has been confirmed and/or payment been levied via credit or debit card.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to the subscriber if for any reason the Website or its content is unavailable at any time and/or for any period. The subscriber is responsible for making all arrangements necessary for the access the Website (including, having access to an internet connection and an appropriate browser).
The Company does not warrant that this site, its servers, or e-mail sent are free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damage.
The company will not be responsible for any damage suffered by Subscribers/users from use of the services on this site. This without limitation includes loss of revenue/data/health benefit resulting from interruption in consultation with experts, delays, non-deliveries, or service interruptions. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Term Period and Subscriber Account
The term period of the service shall be for a one continuous year ie. 365 days (or any other period being offered, from time to time) and the subscriber cannot ask for a pause or recess in the service period on any account whatsoever.
In an unforeseen event of the demise of the subscriber and / or voluntary discontinuation of service the subscription amount shall be non refundable.
Subscriber will be responsible for maintaining the confidentiality of account and password and also agree to accept responsibility for all activities that occur under your account or password. The company and its affiliates reserve the right to cancel order, terminate accounts, remove or edit content at its discretion.
The content and other information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Company:
(i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this website; and
(ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or subscriber’s use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the subscriber have advised Company of the possibility of such potential loss), damage caused to the subscriber in any manner whatsoever including but not limited to the subscriber’s computer, computer software, systems and programs and the data thereon or any other direct or indirect and consequential damages.
The use of this Website is entirely at the subscriber’s own risk, and in no event shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Website or sites accessed through this Website, and/or content or information provided herein. Company and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction user takes based on the content available on the website. The subscriber must evaluate and bear all risks associated with the use of any and all content on the website, including any reliance on the accuracy or usefuleness of such content. The subscriber’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
The subscriber agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the subscriber pursuant to these terms.
The subscriber agrees that the subscriber is solely responsible for anything he/ she may post such as any information, content, subscriber information, personal or sensitive data or any sort of query, response, information, etc. on the Website, and that the subscriber agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the subscriber’s posts/submissions on the Website.
Intellectual Property Rights
The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Company and/or its affiliates, as the case maybe or respective third parties. The subscriber is not permitted to use the same.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark "Care4Parents", and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user/ subscriber acknowledges and agrees that he/ she shall not use, reproduce or distribute any content from the Website belonging to Company and/or its affiliates.
The subscriber agree and acknowledge that any infringement of the intellectual property rights of Company and/or its affiliates will result in legal action.
Company respects the intellectual property of others, and we ask our subscriber to do the same. Company has no responsibility for content on other Websites linked to the Website that you may find or access. It is Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of subscriber who may infringe the copyrights or other intellectual property rights of Company and/or others.
All content is available on "as is" basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on Website. The opinions expressed in Website are the opinions of the individual author/ independent professional or expert and do not reflect the opinions of Company.
Company makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website. We do not guarantee that the Website will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked Website/website/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Non-Compliance with the Agreement
The company may in its sole discretion limit subscriber activity by immediately removing subscriber listing either temporarily or indefinitely or suspend or terminate subscriber membership, and/or refuse to provide subscriber with access to the site if: The subscriber has provided wrong, inaccurate, incomplete or incorrect information The subscriber is in breach any of the terms and conditions of this agreement. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
All disputes and differences between the Company and the Subscriber shall be first attempted to be resolved amicably and in case the same are not resolved within 30 days then either party can refer the same to Arbitration by the sole arbitrator to be nominated from the panel of arbitrators listed at the site only. The seat of Arbitration shall be New Delhi. The language of Arbitration shall be English. The award of the Sole Arbitrator shall be final and binding on the parties and the proceeding shall be conducted in accordance with and be governed by the Arbitration and Conciliation Act of 1996 as amended from time to time or any other statutory modification and/or succeeding act as per the laws of India.
The laws of India shall apply and Courts in Delhi/New Delhi alone shall have exclusive jurisdiction in respect of all disputes with the company.
The Company reserves the right to make Amendments to the website and the terms, conditions and disclaimers at any time and without any separate information to the subscriber of the services. The users/ subscribers are advised to read and update themselves regarding the terms and conditions before entering into each and every transaction as the same are subject to change from time to time.
All notices and other communication relating to any disputes /grievances shall be given in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address:
G-46, Sec-3, Noida UP 201301 IN
If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at firstname.lastname@example.org If a User has any questions concerning eNRI, the Website, this Agreement, or anything related to any of the foregoing, eNRI can be reached at the following email address – email@example.com or via the contact information available from the following hyperlink: www.care4parents.com