Terms and Conditions

 

Client Terms

These legally binding Terms and Conditions (the “Terms”) constitute an agreement enforceable by law between you and Evrcare Services India Private Limited, a company incorporated under the laws of India with CIN U93000HR2019FTC083416 and registered office at 301-302, 3rd Floor, Good Earth City Center, Sec-50, Gurugram, Haryana (“Evrcare”, “we”, “us” and/or “our”) governing your access to and use of the Evrcare website, including any subdomains thereof, and any other websites through which Evrcare makes its services available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services (whether provided by Evrcare or third-parties through Evrcare platform).

 

1. THE SERVICES

 

a) The Services comprise of various services which are offered through our website, mobile applications and related services (hereinafter referred to as "Application"). The Application enables users to arrange and schedule various services for and on their behalf, including transportation along with specified drivers, logistics and/or delivery services and/or to purchase certain goods, run daily errands, pay bills and/or performing banking activities, including healthcare services and social services provided by and /or in coordination with third-party providers ("Third-Party Providers"). Healthcare services will be provided by Third-Party Providers solely, for an upfront payment as demanded by the Third-Party Provider. Unless otherwise agreed by Evrcare in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

 

b) Subject to your compliance with these Terms, Evrcare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services through Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Evrcare.

 

c) The Privacy Policy of Evrcare is fully incorporated herein by reference.

 

1.1 Restrictions

 

You may not:

a) remove any copyright, trademark or other proprietary notices from any portion of the Services;

b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, or otherwise exploit the Services except as expressly permitted by Evrcare;

c) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

d) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

1.2 Provision for Services

 

Evrcare provides various set of Services, including healthcare, social needs and assistance needs. You acknowledge that some of these Services may be made available by or in connection with certain independent Third-Party Providers affiliated with Evrcare. You further acknowledge that Healthcare Services would be provided in partnership with Third-Party Providers solely.

 

1.3 Third-Party Services

 

Evrcare does not control the third-party services and content (including advertising) provided by Third-Party Providers. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Evrcare does not endorse such third-party services and content and in no event shall Evrcare be responsible or liable for any products or services of such third-party providers.

 

1.4 Ownership

 

The Services and all rights therein are and shall remain Evrcare’s property. Neither these Terms nor your use of the Services convey or grant to you any rights:

a) in or related to the Services except for the limited license granted above; or

b) to use or reference in any manner Evrcare’s company names, logos, product and service names, trademarks or services marks.

 

2. ACCESS AND USE OF THE SERVICES

 

2.1 Accounts

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to Evrcare certain personal information, such as your name, address, mobile phone number, age and interests. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

 

2.2 User Requirements and Conduct

 

The Service is not available for use by persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials, no participation in illegal social activities). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

 

2.3 Contact and Access

 

You agree that Evrcare may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Evrcare account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.

 

2.4 User Content

 

a) Evrcare may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Evrcare through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services and initiation of support requests ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Evrcare, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Evrcare’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

b) 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 Evrcare 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 Evrcare’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.

 

c) You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Evrcare in its sole discretion, whether or not such material may be protected by law. Evrcare may, but shall not be obligated to, review, monitor, or remove User Content, at Evrcare’s sole discretion and at any time and for any reason, without notice to you.

 

2.5 Network Access and Payment

 

a) You are responsible for obtaining the data network access necessary to use the Services. Your network's data and messaging rates and fees may apply if you access or use the Services from any of your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Evrcare does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

b) You can make payment for the Services or monitor the activities through the Application from anywhere in the world.

 

3. PAYMENT

 

a) You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Evrcare will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. The Services can be availed either stand-alone (also known as ala carte) or in the form of packages. The Charges do not include transportation, bills, any products (such as medicines), any applicable taxes, other applicable fees, tolls, and/or surcharges including municipal tolls, airport surcharges or processing fees for split payments. Charges are payable in advance (unless Evrcare agrees to defer the same). Any and all Charges are final, binding and non-refundable. You may make such payments, by bank transfer or credit card or wallet or any other acceptable payment method to Evrcare, from anywhere in the world.

 

b) As between you and Evrcare, we reserve the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in its sole discretion. You may request to cancel your request for Services at any time prior to the commencement of such Services which Evrcare may accept or reject in its sole discretion. In such cases, if Evrcare accepts the cancellation request, you may be charged a cancellation fee the quantum of which shall be determined by Evrcare and shall be binding on you; or if Evrcare rejects the cancellation request, the whole amount shall be payable whether you avail the Services or not. A request cannot be cancelled once the Services have commenced. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience with the services provider and leave feedback on the Application. The Service provider will explain to you how you may book the Service the next time onwards, at the end of the Service. Evrcare may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.

 

c) In certain cases, with respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers and payment of the Charges may be made y you to Evrcare or Third-Party Provider (as may be notified by Evrcare to you). Any representation by Evrcare (on Evercare’s website, in the Application, or in its marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Evrcare provides any additional amounts, beyond those described above, to a Third-Party Provider you may use. 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 or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

 

4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

 

The Services are provided "as is" and "as available." Evrcare 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, Evrcare makes no representation, warranty, or guarantee regarding the timeliness, quality, or suitability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. Evrcare does not guarantee the quality, suitability 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.

 

4.1 Limitation of Liability

 

a) Evrcare 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, regardless of the negligence (either active, affirmative, sole, or concurrent) of Evrcare, even if it has been advised of the possibility of such damages.

 

b) Evrcare 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 Evrcare has been advised of the possibility of such damages. Evrcare shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control.

 

c) The Services may be used by you to request and schedule healthcare services with Third-Party Providers, but you agree that Evrcare has no responsibility or liability to you related to any healthcare services provided to you by Third-Party Providers other than as expressly set forth in these terms.

 

d) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such jurisdictions, Evrcare’s liability shall be limited to the extent permitted by law. This provision shall have no effect on Evrcare’s choice of law provision set forth below.

 

4.2 Indemnity.

 

You agree to indemnify and hold Evrcare and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' 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) Evrcare’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

 

5. OTHER PROVISIONS

 

5.1 Governing Law and Jurisdiction

 

a) These Terms shall in all respects be governed, interpreted by, and construed in accordance with the laws of India.

b) All disputes, differences, complaints etc., shall be subject to exclusive jurisdiction of courts at New Delhi, India.

c) There could be instances where Evrcare is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the Application are legal as per the applicable laws. You agree to indemnify and hold harmless the Evrcare from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

 

5.2 Notice

Evrcare may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account. You may give notice to Evrcare, with such notice deemed given when received by Evrcare, at any time by registered post to our registered address. The contact information and the registered address are mentioned on the Application.

 

6. GENERAL

You may not assign these Terms without Evrcare’s prior written approval. Evrcare may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Evrcare’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Evrcare or any Third-Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the governing law. Evrcare’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Evrcare in writing. Evrcare reserves the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Application. We may also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may send an email to us expressing your intention to terminate these Terms. If you do not terminate before the date the revised Terms become effective, your continued access to or use of the Application will constitute acceptance of the revised Terms. You further undertake to abide by the following conduct with the Service Providers:

 

a) Be polite, professional and humble

b) Not consume alcohol or drugs during the performance of the Services

c) Not pass any derogatory or discriminatory comments on looks, disease, race, nationality, religion, ethnicity, nationality, sex, sexual orientation, age, disability or marital status

d) Not use harsh tone or abusive language

e) Be respectful

f) Not engage the Service Provider directly (viz, engage the Service Provider only through Evrcare)

g) Not indulge in any act which may qualify as harassment, bullying or sexual harassment

h) Use the Service Provider and Services only for self or parents or spouse

 

Service Providers Terms

These legally binding Terms and Conditions (the “Terms”) constitute an agreement enforceable by law between you and Evrcare Services India Private Limited, a company incorporated under the laws of India with CIN U93000HR2019FTC083416 and registered office at 301-302, 3rd Floor, Good Earth City Center, Sec-50, Gurugram, Haryana (“Evrcare”, “we”, “us” and/or “our”) governing your access to and use of the Evrcare website, including any subdomains thereof, and any other websites through which Evrcare makes its services available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services (whether availed by Evrcare or third-parties through Evrcare platform).

 

1. THE SERVICES

 

a) You shall provide the services listed in Annexure-1 and such other services which may be agreed between Evrcare and you from time to time (the “Services”) to various third parties identified by Evrcare in accordance with these terms; in full compliance of instructions of Evrcare; and, in full adherence with the laws of India.

b) You hereby represent and warrant that you have the necessary skill and expertise to perform the Services.

c) You shall provide the Services from the location which shall be communicated by Evrcare from time to time.

d) The Privacy Policy of Evrcare is incorporated herein by reference.

e) You shall, at all times, adhere with the code of conduct attached herewith as Annexure-2.

 

2. PAYMENT

Post successful completion of the Services, you shall receive an all-inclusive consulting fee in accordance with Annexure-1. The fee shall be subject to applicable withholding tax.

 

3. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

You understand that Evrcare is an aggregator platform connecting you with third parties for providing the Services. Evrcare disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms.

 

3.1 Limitation of Liability

a) Evrcare shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, liabilities, or losses including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from your performance or non-performance of the Services.

b) Evrcare shall not be liable for any damages, liability or losses arising out of any transaction or relationship between you and any third-party.

 

3.2 Indemnity.

You shall promptly indemnify, defend and hold harmless Evrcare, its officers, directors, shareholders, employees and agents (harmless from and against any and all claims, liability, damage, loss or expense (collectively, "Losses") arising from : (a) rendering of Services by you; or (b) breach (or threatened breach) of any provision, representation or warranty by you; (c) any act or omission relating to your performance except to the extent that such Losses result from the gross negligence or intentional misconduct Evrcare; and/or (d) non-compliance of any laws by you.

 

4. OTHER PROVISIONS

4.1 Governing Law and Jurisdiction

a) These Terms shall in all respects be governed, interpreted by, and construed in accordance with the laws of India.

b) All disputes, differences, complaints etc., shall be subject to exclusive jurisdiction of courts at New Delhi, India.

 

4.2 Intellectual Property Rights

Any and all existing Intellectual Property Rights of Evrcare and any and all Intellectual Property Rights arising out of or during the course of performance of the Services, whether or not involving any effort on your part, shall belong exclusively to Evrcare; and you shall have no right to use or register the same. “Intellectual Property Rights” shall mean any and all work products created during the course of performance of the Services and all rights and interests, vested in or arising out of any industrial or intellectual property, whether protected at common law or under statute, which includes (without limitation) any rights and interests in inventions , patents, copyrights, designs , trademarks, trade-names, technology, business names, logos, commercial symbols, processes, developments, licenses, trade secrets, techniques, specifications, patterns, drawings, software, formulae, technical information, research data, concepts, methods, procedures, designs, confidential information, reports, recommendations and any other knowledge of any nature whatsoever including patents, copyrights, trademarks, trade names, design and other rights to apply and any amendments/modifications, renewals thereto.

 

4.3 Notice

 

Evrcare may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account. You may give notice to Evrcare, with such notice deemed given when received by Evrcare, at any time by registered post or email to our registered address.

 

5. CONFIDENTIALITY

You shall not disclose any information about Evrcare, its business, its clients and third-parties introduced to you by Evrcare (collectively “Confidential Information”). You shall not use or copy the Confidential Information for any purposes whatsoever except for the purposes of providing the Services. This obligation shall remain in force for perpetuity.

 

6. NON-SOLICITATION

You undertake that during the currency of these Terms and for a further period of one year from termination hereof, you shall not, without prior written approval of Evrcare, directly or indirectly, contact, solicit or provide any services to any client(s), agent(s) or partners(s) of Evrcare.

 

7. TERMINATION

You or Evrcare may terminate these Terms by serving a written notice of 30 days. Termination shall not affect any ongoing Services.

In the event of a breach by you of these Terms or of any applicable law; or if Evrcare is not satisfied with your conduct or performance, Evrcare shall have the right to terminate these Terms without any obligation.

 

8. GENERAL

 

You may not assign these Terms without Evrcare’s prior written approval. Evrcare may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Evrcare’s equity, business or assets; or (iii) a successor by merger.aAny purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Evrcare or any third-party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the governing law. Evrcare’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Evrcare in writing. Evrcare reserves the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our website and/or mobile app (the “Application”). We may also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may send an email to us expressing your intention to terminate these Terms. If you do not terminate before the date the revised Terms become effective, your continued access to or use of the Application will constitute acceptance of the revised Terms.