1. DEFINITION OF SERVICES
1.1 www.www.seniorsfirst.inis a platform that facilitates the booking and purchase of personal care, healthcare, home retrofitting, security services including nurses, attendants, doctors, physiotherapists and supply of medical equipment etc. The platform may also facilitate the provision of additional services including teleconsultations and e-commerce purchase of other related and incidental healthcare products including pharmacy, diagnostics, health-kits, ambulance, insurance, etc. The site also provides information about various options for residential care facilities (hereinafter referred to as “Services”) offered by us as well as our external 3rd party service providers (hereinafter referred to as “Service Partners”) from time to time. The Services are offered to the users through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for various services.
2. Terms and Conditions of Use
2.1 For Users
2.1.1 In order to use the Site you must register as a user (“Subscriber” or “Member”). Even if you do not register you will still be permitted to use the Site’s free content, subject to compliance with this Agreement.
2.1.2 We reserve the right to modify or totally change this User Agreement any time and as many times with no notice. Liability to review this User Agreement from time to time lies with the user. If you continue using, visiting and taking Services from us after any change in User Agreement, this will be considered acknowledgment and agreement of the changed or modified User Agreement.
2.1.3 By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this Agreement, which applies to all visits that you make, both now and in the future. The Company reserves the right at its sole discretion to review the activity and status of each account and block the account of a member based on such review.
2.1.4 User hereby confirms that as on the date of subscription, the user does not have any objection to receiving emails, text messages, and calls from the Company. This consent extends to emails, messages, or calls relating to the Services being provided. Additionally, in order to protect The company from any abuse, we reserve the right to take appropriate steps as it deems fit at its sole discretion in order to protect the interest of other subscribers.
2.1.5 User agrees that Company is just a platform for availing Services from service providers. In the event of any conflict or the disagreement between user and Service Providers, the user is independent to take necessary action against the service provider, with or without our involvement.
2.1.6 User agrees that some Services require materials to be procured. Users must arrange the material at their own cost or may take the help of the service providers. User agrees that we are just a platform for availing Services from service providers. In the event of any conflict or disagreement between user and service providers, the user is independent to take necessary action against the service provider, with or without our involvement.
2.1.7 If the Services require the entry of service provider at user’s premises, the user must ensure supervision over the service provider.
2.1.8 Unsatisfactory services: User consents and agrees that in no case will the Company be made responsible or liable of any misbehavior, bad service or anything else but must be made aware of the same to take necessary action against the third-party service providers. We will not be responsible or liable for any act, service quality or misconduct, if the user has availed the services of such service providers without transacting through our Site.
2.1.9 Payment: The Company shall bill the User directly for all services procured through the Website and / or App. The User will pay the company directly for all such services procured by him/her via online payment, wire transfer, cheque, demand draft or cash.
2.1.10 The Company agrees to pay fees as appropriate to the Service Providers for the services provided by him/her to User as per agreed rates. Such fees shall be payable on a daily/weekly basis based on man-hours/man- days of services rendered or as mutually agreed between the parties and shall be subject to deduction of any attendance and late coming shortfalls advances paid, applicable taxes including tax deducted at source.
2.1.11 The Company may further provide additional bonus or incentives to Service Providers for good performance or high User satisfaction at its complete and absolute discretion.
2.2 For Service Providers
2.2.1 Service Providers wanting to enroll with us must be trained and skilled individuals and must be appropriately qualified and/or has necessary professional certifications and skills as applicable for the Home Health Services and other related and incidental services required and authorized to practice in the territory where the service is required. For the purpose of this agreement, a Service Provider will consist of doctors, nurses, nursing aides, nursing assistants, attendants, physiotherapists, dieticians, psychocounselors and other such similar professionals who provide health services.
2.2.2 A Service Provider ensures that he/she provides services in his/her individual capacity, within his/her scope of practice, on an on-call or long term care basis based on patient leads and requirements shared through us from time-to-time for services including home-based nursing care, home-based attendant care, home doctor, and other healthcare professional visits. On a more generic level, a Service Provider must support services such as medical equipment, pharmaceuticals, laboratory and diagnostic tests, and other related and incidental service leveraging the platform to deliver these services efficiently.
2.1.3 You as a Service Provider can enroll for offering various home healthcare and/other related and incidental services provided you have the necessary qualification, professional certification and skill to offer such services and are allowed under applicable laws in the state, city or country where such services are offered. To offer such services we will verify and activate Service Provider’s profile as per our standard practice.
2.1.4 Our Website and App may be used by Service Provider to find, manage and organize information including but not limited to professional credentials, confirmation for willingness to provide Home Health Services and other related or incidental services offered on our Website/App against patient bookings and appointments. Service Providers shall support other products or services requirement including medical equipment, pharmaceuticals, laboratory and diagnostic tests, ambulance and emergency services, teleconsultations etc.
2.1.5 Obligations of Service Providers:
a. Service Provider represents and warrants that he/she shall not use the Website/App in violation of any applicable laws and guidelines including Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Indian Nursing Council Regulations or any other code of conduct governed by his / her professional council.
b. Service Providers individually responsible for maintaining his current qualifications and professional certifications as follows:
i.For doctors: MBBS/MD/others in case of doctors along with relevant State Medical Council Registrations.
ii.For paramedical staff: Such as physiotherapists, psychocounselor, dietician etc. relevant degree such as BPT/MPT/MSc dietics/MPhil/BOT/MOT etc.
iii.For nurses: ANM/GNM/BSc or other nursing qualifications along with relevant State Nursing Council Registration as applicable.
iv.For attendants, ward boys and Aaayas: GDA/Non-GDA and/or National Skills Registry Registration.
v.For healthcare service providers (HSPs): All GST, VAT, Sales Tax, Gumasta and other certifications as necessary to carry on the said business or sell the said product or service.
c. Service Provider shall submit a duly self-attested copy of his / her educational certificates as well as Central/State Medical/Nursing Council Registration Certificates along with Pan Card, Identity Proof (aadhar card, voters id, passport, driving license) and address proof as well as banking details at the time of registration or before offering or initiating services on the Website/App.
c. Insurance: Service Provider shall be responsible for procuring your own general liability, medical malpractice and/or professional indemnity insurance as applicable and any claim or liability falling on you due to professional misconduct or negligence will be handled by you without our having any role in assuming the said liability in any way.
d. Non-Solicitation: Service Provider agrees that it will not solicit any registered user, customer/patient or offer direct rendering of services to customers/patients without the Company knowledge or involvement during the period of the agreement and for a period of six (6) months post-closure of this agreement. You shall further not lure or solicit any existing employee, contractor or health partner of the Company for any alternate service or employment. Service Provider further agrees that such the solicitation may tantamount to severe damage to the Company that cannot be accounted solely in material terms and the Company shall be entitled to seek injunctive or other equitable relief in order to remedy such breach or minimize damages from such unauthorized solicitation apart from suitable monetary compensation.
e. You agree to serve the customer/patient in the best and most professional manner possible in your best judgment and adopt the highest standards of ethics, hygiene, infection control and safety as fit. You further ensure adherence to agreed appointment and duty timelines committed for services booked on the Website/App. In the event of an unforeseen delay or cancellation, you agree to inform us or our staff as well as the customer of the said delay at least 1 day in advance so back-up arrangements can be made to ensure uninterrupted customer/patient service.
f. Service Provider further agrees to not demand any direct payment from any customer/patient for services rendered by him/her to the patient. Any such demand shall be deemed to be a violation of this agreement resulting in immediate termination of services as well as other suitable disciplinary action.
g. Service Provider shall not boast of cases, operations, cures or remedies through the Website/App.
h. Service Provider shall not claim to be a specialist unless he / she has a special qualification in that branch.
i. Service Provider shall not give any positive assertion or representation regarding the risk-free nature of communicating over online media.
j. User information: Service Provider hereby acknowledges that he/she may get access to User Information including identifiable health-related information. You represent and warrant that you will, at all times during the use of the Website/App and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.
k. Service Provider represents and warrants that he/she will not use the user information of registered and non-registered users for any other purpose than for providing Services and information to such registered and non-registered Users and /or fixing appointments with them.
l. Cooperation: Service Provider must cooperate with us in the administration of the Website/App, including providing reasonable assistance in evaluating the Website/App and collecting and reporting data requested by us for the purposes of administering the Website/App.
m. Service Provider agrees, in the course of this relationship, to maintain all proprietary information including user information in strictest confidence and shall not divulge this information to any third party including competitors at any time or in any manner without the express written consent of the Company.
n. Service Provider agrees that no copies will be made or retained by him/her of any written information, written notes, patient information, photographs, or memoranda without the express knowledge and written consent of the Company.
2.1.6 If at any time a complaint regarding services, payment or misconduct is received from a customer, we, subject to an internal inquiry, will have the right to deactivate the service provider’s account without any notice or intimation. Depending upon seriousness of the complaint, the Company reserves the right to take strict action as appropriate. It’s in best interest of service providers to maintain a cordial relationship with all its customers.
2.1.7 Service provider agrees to take responsibility for its conduct within customer premises. The service providers must also be responsible for updating their information regarding package and availability.
2.1.8 Quality of work must be assured by the service providers and must be resolved within 7 days, free of cost in event of any complaints made. In no case shall we be made responsible for the poor quality of services provided. If customers complain of over-billing for services we reserve the right to take necessary action, leading to termination of service provider’s account. Service providers must show transparency in prices for the services they offer.
2.2.6 All information mentioned as per service provider’s profile should be correct and true, any changes made should be reported to us. Service providers must upload on our website, documents relating to the service provider’s personal identity and details of permanent address (collectively “IDs”), including skill or competency, service providers terms and condition, if any, which should be visible to customers/users.
2.2.7 IDs can include copies of AADHAR card, passport, driver’s license or /and voter ID. It is mandatory that the said IDs be in black-and-white only.
2.2.8 Service provider also agrees that the IDs and other documents uploaded shall be in PDF and / or other readable formats like Jpeg. Doc etc. The said documents will not be available for the customers to download for any reason whatsoever.
2.3 Joint Responsibilities
2.3.1 Nothing in this agreement shall be deemed to create or constitute a partnership, joint venture, employment, or an agency relationship between parties.
2.3.2 Both parties shall adhere to strict confidentiality in all matters of business practice and patient information.
2.3.3 Both Parties will jointly establish procedures, adopt protocols and standards to ensure highest quality and appropriateness of care provided to the User.
2.3.4 Both parties will work in concert to ensure compliance with all statutory and regulatory requirements relating to provision of home healthcare and other related and incidental services.
2.3.5 The Company shall conduct a proper induction program including soft skills training for the Service Provider so as to enable him/her to perform services to required standards of care.
2.3.6 The Parties agree to indemnify and hold harmless each other on medico-legal claims and other liabilities arising from the performance of their respective services to Users.
2.3.7 Both parties shall further procure and maintain their own General Liability, Medical Malpractice and Professional Indemnities Insurance as appropriate.
2.3.8 The parties shall comply with all national, state, and local laws, ordinances, rules, and regulations that are applicable to the operation of The company as well as state laws governing Health Partner practice.
3.1 To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
3.2 User and Service Provider represents that they are not minors (18 or above) and are not persons with any criminal record nor barred by the government from receiving any services under any law in India. User and service provider agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
3.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
3.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify Company of any unauthorized use of a password or account or any other security breach.
3.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or a person engaged by you.
4. PROPRIETARY RIGHTS AND TRADEMARKS
4.1 The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
4.2 The Company owns the copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5. DISCLAIMER AND LIABILITY
5.1 User and service providers expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third-party agents warrant that the Company’s Services will be uninterrupted, faulty or error-free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages? The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
5.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities)or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls, the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, the user shall provide us with such cooperation as is reasonably requested by us.
5.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
5.4 The Company does not warrant or guarantee that the information contained on the site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources, and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
5.5 The company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. The user is responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding upon them.
5.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such the event shall prevent the affected party from performing its obligations under this Agreement.
6.1 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
6.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
6.3 We reserve the right to modify or totally change this User Agreement any time and as many times with no notice. Liability to review this User Agreement time to time lies with the user. If you continue using, visiting and taking Services from us after any change in User Agreement, this will be considered acknowledgment and agreement of the changed or modified User Agreement.
7.1 You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on our Site.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY
8.1 Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that User may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using the user’s account or password.
9. PAYMENT SECURITY
9.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
9.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on The site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
9.4 Users may choose ‘cash on delivery’ option of payment where a user is liable to pay the amount against the order. The user accepts that the payment processing portal is hosted by a third-party payment processor and usage of such payment processing portal shall be subject to such terms and conditions which such third party payment processor may prescribe from time to time. The user shall be entitled to use his/her valid credit/ debit card/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/ her personal credit/ debit sand/ or any other payment cards, online banking facility to make payment. In such an event, it is Company’s policy to redirect User to a payment-processing portal hosted by a third party payment processor.
9.5 Payment Options: We accept payments only through our Site. Users can choose to make payments before or after services are rendered. In addition, subject to an agreement with providers, users can make the payment online at our Site.
10.1 All comments, feedback, information or materials submitted to the Company through or in association with our website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis.
11. GENERAL PROVISIONS AND AGREEMENT
11.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site.
11.2 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease.