TERMS OF SERVICE

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.carefinder.in

The domain name www.carefinder.in (hereinafter referred to as “Website”) is owned by CareFinder, a Sole Proprietorship firm, having its registered place of business at New no. 4, Old no. 21, Baliah Avenue, Luz, Mylapore, Chennai 600 004.

The Terms and Conditions of use of carefinder.in are to be read carefully before using or obtaining any products, services or content through our websites. Access to and use of these websites is subject to acceptance of the terms and conditions below which include our Privacy Policy. By accessing, moving past home page, using or obtaining any content, products, or services through any of our websites, you shall be deemed to have read and agreed to all of the policies so binding on you and that you are contracting with us and have undertaken binding obligations with us.

If you do not accept all of these terms, please do not use these websites.

• “Carefinder” or “we” or “us” means Care Finder, and its subsidiaries, affiliates, successors and assigns.
• “You” or “User” shall mean any natural or legal person who has agreed to become a member on the Website by providing registration data while registering on the Website, or any natural or legal person who browses, accesses, or utilizes the site, or any of its pages.
• “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
• “Content” also includes Marks and Products and Services.
• “Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
• “Products and Services” means the various services available through the Site, which include inter alia healthcare, housekeeping, gifting, financial advisory, tax advisory, legal advisory, property advisory services.
• “Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
• “Member ID” means the email address you use (with your password) to login to our Site.
• Provider / Vendors means carefinder.in, licensors, suppliers, information providers, elderly service providers, and other vendors who provide their products and services through the website.
• Purchase means to book, reserve, or purchase the products and services on the website. The terms Site, Marks, Content and Products and Services do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
• Site means the www.carefinder.in, its respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.

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. You agree that we shall not be liable to you for any delay or other damages that might result from any modification, suspension or discontinuance, unless set forth herein. We may also at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. If you continue to use the website following such a change, this is deemed as consent by you to the so amended policies. As long as you comply with these Terms of Use, we hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable 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, and the General Terms and Conditions, which would be amended from time to time, and as displayed on the site.

These Terms of Service are to be read in concurrence with any other agreement or contract that the user has with us.

The Website is a platform that Users utilize to meet and interact with one another and Vendors for their transactions. We act as aggregators who recommend the vendor’s best suited to your needs. However, a recommendation from our end is non-binding on you and you have the right to proceed with your request through some other vendor you may individually locate. However, should you choose to proceed with a vendor identified by us, we are not a party to such interaction and take no liability that arises from any such communication.

• All communication which inter alia include the reservation, its terms, your obligations, the vendor’s obligations, prices, etc are outcomes of the communication between the vendor and You. This includes, without any limitation, the prices, payment details, date, period of activity, and warranties related to services and products and after booking/reservation.
• We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
• We do not endorse any of the vendors or the service providers made available on the website nor place any guarantee as to their nature, quality, reliability, etc.
• Subject to the above sub-clauses, a contract exists between the Vendor and the User and as such any breach of contract and any claim arising from such breach is the subject matter of the Vendor and the User alone and we are in no way a party to such breach or involved in any suit arising from the said breach.
• While making a reservation or booking on the website, you are expected to check the creditworthiness of the vendor and the genuineness of the service offered by them. We are not liable for the same.
• As the contract is limited to the User and the vendor, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of the reservation due to non-availability, services not meeting expectations of the User, and poor quality.

Due to some technical issue, typographical error or information related to services published, pricing on any product(s) or services as is reflected on the website by vendor may be incorrectly reflected and in such an event the vendor may cancel such reservations made by you.

The membership of this website and the use of the services provided through carefinder are chargeable. However, the browsing of the site is free of cost. We may also charge a fee or commission for the services provided when you purchase, book or reserve vendor services through the website. Any such service and membership fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the website.

In case, there is a short charging by us for any services or transaction fee or any other fee or service because of any technical or other reason, we reserve the right to deduct/charge/claim the balance amount subsequent to the transaction at our own discretion.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. We shall not be under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

Any refunds arising from any transactions due to any cancellation of the booking or any reason whatsoever shall be processed by us in the same bank account or debit or credit card used by the User to make the payment at the time of booking.

(a) Users can do the payment either via Razorpay or bank transaction. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Carefinder. Carefinder/Razorpay offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that Razorpay/Carefinder, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Carefinder under any other agreement or commercial relationship towards other products/services. Carefinder reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

(b) Carefinder uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to Razorpay (payment gateway), Carefinder does not store or keep credit card data.

(c) Carefinder shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Carefinder offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

Any and all communications between you and us relating to the quality of services of a vendor are kept confidential and are not revealed to the vendor in question. Multiple adverse remarks from users about the products and services of a particular vendor shall result in the vendor’s products and services ceasing to be offered through the website. However, this is solely at our discretion.

You agree to abide by the terms and conditions imposed by any provider, including compliance with all rules and restrictions regarding the availability of Products or Services.

By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from us or our vendors, at any time, on the telephone number / contact information that has been provided by you for the use of this website. We may send inquiry confirmation / intimation, booking confirmation, cancellation, payment confirmation, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of registration. We may also contact you to clarify your inquiry, seek additional details pertaining to it, etc. The use of this website is also your consent to receive SMSs from us and our vendors at any time, as 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.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by Us. The sharing of the information provided by you is governed by the Privacy Policy.

You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork belonging to vendors (collectively, “Vendor Content”), is a third party user generated content and we have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Service.

This website is the sole and exclusive property of Carefinder.in or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website.

The content that you post or provide to Carefinder.in will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide, and you shall not be entitled to any payment or other compensation for such use.

You are a restricted user of this website.

• 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.
• You agree not to access (or attempt to access) the website and/or the materials or Services on our platform carefinder.in by any means other than through the interface that is provided by us. 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 is hereby expressly prohibited. You acknowledge and agree that by accessing or using the website or Services, You may be exposed to content from other users and vendors that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website.
• 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:
  
  
  • Abuse, harass, threaten, defame any other user or vendor of the site; disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services offered through the site (or the servers and networks which are connected to the Website);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Post any file that infringes the Marks of other legal entities.
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, or 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 or vendor 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;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • 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;
  • Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) our vendors or other suppliers;

You shall not engage in advertising to, or 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 Use to use any information obtained from the Website in order to harass, abuse, or harm another person. 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 necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 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 our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. 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 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.

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, the website makes no warranty that

• Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
• Materials, information obtained and descriptions of services will be effective, accurate or reliable;
• Any errors or defects in the website, services or other materials will be corrected.
• The services purchased by you and made available through our vendors shall be available throughout the year, or available at all times.
• The vendor through which you seek to avail the service will satisfy all your expectations.

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. The website 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 their own discretion and risk. We are not responsible for any typographical error leading to an invalid coupon. The website 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.

We shall not be liable for delays or inabilities in performance or non-performance in whole or in part of vendor obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of god, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.

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 use, or any other action incurred by you as a result of using the website or the vendor services offered therein.

Further, you agree to hold us harmless against any claims made by any third party or any vendor due to, or arising out of, or in connection with, your use of the website, your use of the services offered by the vendor, any claim that your material caused damage to a third party, your violation of the terms of use, or your violation of any rights of another, including any intellectual property rights.

In no event shall we, our 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 any failure or delay (including without limitation the use of or inability to use any component of this site for reservations or ticketing), the loss of life or limb, or any other harm incurred by you such as loss of data, loss of earning abilities, loss of profits, any performance or non-performance by us or any provider, or any damages or injury caused by any failure of performance, error, omission, interruption, defect of machinery, delay in operation, etc., whether or not foreseeable or whether or not we or our vendors 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, and the services or materials offered on the website.

Subject to applicable law, use of this site and its content is at your sole risk. Services and products made available on this site are subject to conditions imposed by the vendors. Vendors who furnish products or services through the website are independent contractors, and not our agents or employees..

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

If, despite the limitation above, we or a vendor is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then we and the vendors’ liability will in no event exceed, in total, the sum of inr 5,000.

carefinder.in, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the site, and destroy any copy you have made of any portion of the site. Accessing the site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.

The website hosts information provided by third parties that is intended for informational purposes only. We are in no way responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.

We make reasonable attempts to clear the website of viruses and worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.

If any dispute arises between you and Carefinder.in during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be appointed by Carefinder.in. The place of arbitration shall be Chennai. The arbitration proceedings shall be in the English language.

The Terms and Conditions shall be governed and construed in accordance with the Indian laws.