Terms of Use

1. GENERAL

ElderEaseTM” is owned by Sambhav Healthcare Solutions Private Limited , a company incorporated under the Companies Act, 2013 carrying on its business from Flat 1A, 1st Floor, 552, Block ‘N’, New Alipore, Kolkata – 700053, West Bengal, India. The domain name www.eldereaseindia.com is owned by the Company.

All visitors to www.eldereaseindia.com (hereinafter referred to as “Website”) are advised to read and understand the Terms of Use carefully. Moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You.

If you do not agree with the Terms of Use of the Website, please do not use or access the Website. As such your access or use of the Website implies your acceptance of the said terms of use, as amended from time to time, and constitutes an agreement between you and the Company (User Agreement).

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Terms of Use herein are subject to change from time to time by the Company without notice. It is strongly recommended that you periodically review the Terms of Use as available on the Application.

The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference.
For the purpose of these Terms of Service, wherever the context so requires “You” or “User” refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

The term “We”, “Us”, “Our” shall mean ElderEaseTM.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

2. SERVICES OVERVIEW

The Website is an online portal which sells products for the needs of the elderly. The Website directly sells the products to the customer. A User can browse through the various options provided by the Website and thereafter, the User shall add the item to the cart and the final checkout shall lead the User to the payment portal.

3. REGISTRATION

To use the services provided on the website and make purchases, it is not compulsory to create an account. You may use the option of a ‘Guest Checkout’ in order to make a purchase. You may also create an account on the Website which shall collect only Your basic information. To create an account, You need to choose a username and password. You also have the option of linking your social media accounts, such as Your Facebook account with the ElderEaseTM account, to create your ElderEaseTM Account. You must keep your account and registration details current and correct for communications related to your purchases from the Website.

At the time of registration/Guest Checkout, the Website shall collect the following personally identifiable information about you: Name – including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address etc.). If you choose to link your social media account with your ElderEaseTM Account, we collect basic information about you from those social media platforms, such as: name, location and e-mail address. Information collected about you is subject to the Privacy Policy of the Company, which is incorporated in these Terms of Use by reference.

You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.

4. ELIGIBILITY

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.

However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. ElderEaseTM reserves the right to terminate or refuse your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that you are a minor.

5. SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

6. LICENSE AND ACCESS

The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 Website or of the Company and/or its affiliates without the express written consent of the Company. 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. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which you do not have any right
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
  • harms minors in any way
  • infringes any patent, trademark, copyright or other proprietary/intellectual property rights
  • violates any law for the time being in force
  • deceives or misleads the addressee about the origin of such messages 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 any other nation or
  • is misleading or known to be false in any way.
7. COMMUNICATIONS

By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website which are subject to the Privacy Policy. The User agrees to receive promotional communication and newsletters from the Company and its partners.

This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to support@eldereaseindia.com .

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

8. PRICING

ElderEaseTM” strives to provide You with the best prices possible on products You buy from the Website.

The price mentioned at the time of ordering a product shall be the price charged at the time of delivery. The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.

The membership of this website is free and this includes the browsing of the site and the use of the services. However, we reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.

9. PAYMENT

The Website gives You the option to do online payment as well as Cash on Delivery (“COD”).

The Website gives You the following options while making online payment:

  • MasterCard and Visa credit cards and over 100 debit cards.
  • Netbanking.
  • Equal Monthly Instalments (“EMI”)
  • Online wallets such as Paytm and Mobikwik
  • Cash cards such as ITZCash / ICash / Oxicash / PayCash

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.

The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.

The User also agrees that in case of any dispute with respect to EMI options, the Website/Company is only a middle party to the transaction and that the dispute will be between the User and the concerned bank.

10. SHIPPING POLICY
  • ElderEaseTM offers FREE shipping across India for all products sold on our website.
  • We have tried our best in reaching out to most of you, however, due to unavailability of reliable courier service providers at certain pin codes we request you to check here if we deliver to you.
  • We shall deliver to you within 4-10 days. However, in case of certain unavoidable circumstances, the delivery time may get delayed. In such a case, we shall inform you of the same.
  • Once your order is processed, and shipped, we shall send you a link where you can track your order. Alternatively, you may track your order through your account on our website.
  • Kindly note that all items including gifts shall be shipped with an invoice specifying the price of the product in compliance with the Indian tax laws.
  • If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, please refuse to take delivery of the package, and email us at support@eldereaseindia.com or call us on our helpline.
11. CANCELLATION BY SITE/CUSTOMER

As a user, you may cancel your order at any time until the order has been processed by Us, after being placed. In such a case we will refund payments, if any, already made by you under the relevant order.

The Company at its sole discretion may cancel any order(s):

  • if it suspects a customer has undertaken a fraudulent transaction, or
  • if it suspects a customer has undertaken a transaction which is not in accordance with the Terms of Use, or
  • in case of unavailability of a product, or
  • for any reason outside the control of the Company including causes for delivery related logistical difficulties.

Further, while all measures are taken to ensure accuracy of product specifications and pricing, the details of a product as reflected on the Site may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any money that may have been paid by you towards purchase of such products.

We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

12. RETURNS AND REFUNDS

ElderEaseTM believes in complete customer satisfaction. We have therefore designed a return policy to meet your needs:

You may cancel a product within 24 hours of having placed the order of the product, in case the product has not yet been dispatched.

Once the order is dispatched, you may not cancel your order unless otherwise stated.

a. Return & Refund Policy

There could be certain circumstances beyond our control where you could receive a damaged / defective product or a product that is not the same as per your original order. In case of any complaint regarding the quality of the product, you must raise a complaint with us at support@eldereaseindia.com within three (3) days from the day the product was delivered.

We will replace the product to your satisfaction at no extra cost. In case there is non-availability of a replacement of the product, we shall refund your money that may have been paid by you for the purchase of the product within fifteen (15) days from the day your request for refund is accepted.

b. Conditions for Return/Refund
  • Products/Items should be unused.
  • Products should be returned in their original packaging along with the original price tags, labels and invoices.
  • It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of goods in transit.
  • Please note that unless the products are faulty, we will be entitled to recover any direct costs of having to recover the products from you. In such an occurrence we may set such costs against the amount re-credited to you in the refund.
c. Refunds

We will process the refund after receipt of the product by ElderEaseIndia.com. Refund will be processed based on the mode of payment of the order

  • Orders paid by credit/ debit card will be refunded by credit back to the credit/ debit card within 7 working days of the process being completed.
  • Orders paid by net banking accounts will be credited back to bank account within 7 working days of the returns process being completed.
  • Refund will be made in case replacement is not possible.
a. The Returns Process

Please follow the below process for returning your parcel to us:

  • Please mail us at support@eldereaseindia.com giving the order no. and the reason you would like to return it.
  • We will inform you when the reverse pickup will be done by our logistics partner.
  • Re-pack the item in its original packaging with labels and tags still attached.
  • Cover your address label with the eldereaseindia.com address found on your delivery note.
  • Keep your certificate of couriering safely as you will need this as your proof of return.
13. USER OBLIGATIONS

You are a restricted user of this Website.

a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

b. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.

c. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

  • i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
  • ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website)
  • iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
  • iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
  • v. Post any file that infringes the copyright, patent or trademark of other legal entities
  • vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
  • vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner
  • viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website
  • ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites
  • x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section
  • xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties
  • xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • xiii. Violate any applicable laws or regulations for the time being in force within or outside India
  • xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere
  • xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • xvi. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation
  • Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India
  • Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
  • i. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

14. DISCLAIMERS REGARDING PRODUCTS

We have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.

The Company does not make any representation or warranties in respect of the products available on the Site except as otherwise provided in this Terms of Use or on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

15. REVIEWS, FEEDBACK AND SUBMISSIONS

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

16. COPYRIGHT AND TRADEMARK

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

17. DISCLAIMER OF WARRANTIES AND LIABILITIES

You Expressly Understand And Agree That, To The Maximum Extent Permitted By Applicable Law:

The website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ElderEaseTM makes no warranty that

  • Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free
  • Materials, information and results obtained will be effective, accurate or reliable
  • Any errors or defects in the website, services or other materials will be corrected.

To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ElderEaseTM also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. ElderEaseTM accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

18. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us 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 you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.

In no event shall ElderEaseTM, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

19. TERMINATION

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.

Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

1. HOSTING OF THIRD PARTY INFORMATION

The Website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

21. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the Website.

22. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  • Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  • Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata, West Bengal, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Kolkata.
23. PRIVACY

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

24. MISCELLANEOUS PROVISIONS
  • Entire Agreement: The terms and conditions set forth in this Section and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of the by Sambhav Healthcare Solutions Private Limited user Agreement.
  • Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  • Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
25. CONTACT US

If you have any questions about this Agreement, the practices of ElderEaseTM, or your experience with the Service, you can e-mail us at support@eldereaseindia.com

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