Unique Health Care Services having its registered office at A-6, 2nd Floor, Bara Mohalla, South Delhi, New Delhi 110062, India ("UHCS") under the name and brand of Unique Health Care Services, has created and seeks to manage, operate and maintain a network of independent third party elder and home care service providers and Clients seeking such services. UHCS by way of its website and its mobile application is providing the services of arranging and scheduling elder care services and support services, including, invoicing and payment facilitation, resolving issues/queries/complaints/support tickets for its Clients and for independent third party elder care service providers who have joined the Unique Health Care Services network.

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by UHCS . Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and UHCS . If you do not agree to these Terms, you may not access or use the Services. Therefore, please read these terms carefully before accessing or using the services.

1. SERVICES OFFERED :

UHCS through its website and application(s) offers a technology platform that enables users to arrange and schedule elder and home care services and/or related logistics and support services with independent third party elder and home care service providers of such services including, invoicing and payment facilitation, resolving issues/queries/complaints/support tickets for its Clients, Unless otherwise agreed by UHCS in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

2. CONDITIONS OF USE :

In order to use the Services as offered by UHCS , you must

• You must be at least 18 years of age.
• You must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to UHCS certain personal information, including your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner) and the details of the person who is the end user of the elder and or home care services alongwith proof of identity and such other documents as may be indicated by UHCS during the signing up process.
• You must maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up- to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or UHCS’s termination of these Terms with you.
• You must always maintain the security and secrecy of your Account username and password.

3. NATURE OF SERVICES TO BE PROVIDED BY SERVICE PROVIDER:

Service Provider shall be responsible for the sponging / bathing, oral medication administration (upon consent of the family), vital checking and providing companionship. You shall not ask the Service Provider to do any household work including personal work of other family members, fetching medicines, grocery etc. from outside, kitchen work, cooking and washing utensils, laundry.

4. SERVICE PROVIDER NOT TO ACT AS SUBSTITUTE FOR MEDICAL PRACTITIONER OR EMERGENCY SERVICES:

The Services availed from the Service provider are not intended to be a substitute for getting in touch with regular medical care by a doctor or availing professional healthcare services in medical emergencies. The Service providers shall only administer or assist in orally taking medicines prescribed by a Doctor and shall do so as per your instructions and or the attendants. The Service provider shall not in any manner prescribe any medicines or procedures to you.

5. PROVISION OF ADEQUATE SLEEPING AND LIVING FACILITIES AND SUPPLIES AND EQUIPMENT FOR SERVICE PROVIDER:

You undertake to ensure minimum sleeping time and sleeping and living facilities as mentioned in detail in the detailed sign up form. You also undertake to provide all supplies as may be required by the Service provider for safe execution of any kind of personal care. In case the minimum facilities are not provided to the Service provider for a continuous period of 24 hours, he/she shall inform UHCS who shall put you to notice regarding the same. In case the minimum facilities are not resumed to the Service provider even after receipt of notice from UHCS , the Service provider would be permitted to stop providing services until such facilities are resumed.

6. REPLACEMENT OF SERVICE PROVIDER:

You undertake to ensure minimum sleeping time and sleeping and living facilities as mentioned in detail in the detailed sign up form. You also undertake to provide all supplies as may be required by the Service provider for safe execution of any kind of personal care. In case the minimum facilities are not provided to the Service provider for a continuous period of 24 hours, he/she shall inform UHCS who shall put you to notice regarding the same. In case the minimum facilities are not resumed to the Service provider even after receipt of notice from UHCS , the Service provider would be permitted to stop providing services until such facilities are resumed.

• The Service Provider is injured or unwell so as to render them unable to provide the services.
• Service provider has willingly left the designated location for a continuous period of 24 hours. UHCS will require a minimum of 3 days to identify and provide an alternate Service provider in the above scenarios.

7. USER PROVIDED CONTENT:

UHCS may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to UHCS through the Services textual, audio, and/or visual content, documents and information, including feedback related to the Services, initiation of support requests (“User Content”).You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant UHCS the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor UHCS ’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by UHCS in its sole discretion, whether or not such material may be protected by law. UHCS may, but shall not be obligated to, review, monitor, or remove User Content, at UHCS ’s sole discretion and at any time and for any reason, without notice to you.

8. PAYMENT:

You understand that use of the Services may result in charges to you for the services or goods you receive from UHCS and/or a Third Party Elder and Home Care Provider (“Charges”).Charges would be calculated and informed to you based on the period and nature of services that you wish to avail. After you have agreed to avail the use of the Services, UHCS will facilitate your payment of the applicable Charges payable on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of Charges of the Third Party Elder and Home Care Provider in such manner shall be considered the same as payment made directly by you to the Third Party Elder and Home Care Provider. All Charges will be inclusive of applicable taxes where required by law.In addition to the charges payable to the Third Party Elder and Home Care Provider, UHCS reserves the right to charge you amounts that may determined by UHCS towards its services rendered along with applicable taxes (if any).

Charges paid by you are final and non-refundable, unless so expressly permitted by the Refund policy of UHCS . Payment of charges as determined by UHCS are to be paid solely through the payment facilities provided by UHCS on its website and application and no payment is to be made to the Third Party Elder and Home Care Giver at any point of time. Payment for the services would be done in advance. At least 15 days’ payment will be considered as advance. The service provider will be deputed at the venue only when the advance payment is received and acknowledged by UHCS in the system or by email. Charges due immediately will be facilitated by UHCS through its website or application and if so permitted by you, by using the preferred payment method designated in your Account, after which UHCS will send you a receipt by email.

If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that UHCS may use a secondary payment method in your Account, if available.

UHCS alone has the right to establish, remove and/or revise the Charges for any or all services obtained through the use of the Services at any time in UHCS ‘s sole discretion.

You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Third Party Provider and UHCS for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, UHCS does not designate any portion of your payment as a tip or gratuity to the Third Party Provider.

Any representation by UHCS (on UHCS’s website, in the Application, or in UHCS ’s marketing materials) to the effect that tipping is “not required,” is not intended to suggest that UHCS provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary and any such payment cannot be adjusted towards any payments demanded or raised by UHCS towards its services or services rendered by the caregiver. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

9. CESSATION OR TERMINATION OF SERVICES:

UHCS may terminate the services with immediate effect in the following cases:

• Failure to make payment towards services rendered.
• Non provision of essential facilities for the Service Provider.
• Any instance of verbal or physical misbehavior with the Service Provider.
• Any other violation of the terms of the present Agreement.

After termination of the present agreement, the Service provider shall not be required to continue to provide services to the Client.

10. DISCLAIMER:

The services are provided “as is” and “as available.” UHCS disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.In addition, UHCS makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. UHCS does not guarantee the quality, suitability, safety or ability of third party providers.You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

11. LIMITATION OF LIABILITY:

UHCS shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services.UHCS shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if UHCS has been advised of the possibility of such damages. UHCS shall not be liable for delay or failure in performance resulting from causes beyond UHCS ’s reasonable control.In no event shall UHCS ’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred euros (Rs.10,000/-). UHCS ’s services may be used by you to request and schedule home and elder care services, or logistics services with third party providers providing said services, but you agree that UHCS has no responsibility or liability to you related to any services provided to you by third party providers other than as expressly set forth in these terms. You agree and understand that UHCS acts solely as an intermediary between you and the Service provider by identifying a Service provider and coordinating between you and the Service provider. You further understand that the Service Provider is an independent practitioner and contractor and no actions of the Service provider whether within the course of the nature of their services as defined in this agreement or even outside the scope of their services would make UHCS liable for any claim, civil or criminal.

12 INDEMNITY:

You agree to indemnify and hold UHCS and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyer’s fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) UHCS ’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

13. GOVERNING LAW AND DISPUTE RESOLUTION:

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act by UHCS . The place of both mediation and arbitration shall be New Delhi, India. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

14. GENERAL:

All notices shall be given to UHCS via email or by post using the contact details set out in the Contact Us section, or to you at either the email or postal address you provide during registration.We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you.Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the present Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

15. PRIVACY POLICY

Our collection and use of personal information in connection with the Services is as provided in UHCS ’s Privacy Policy located at www.Uniquehealthcareservices.in