1. Contractual Relationship
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 Family-Connect
Services Private Limited-My Family Care (“MFC” or “the company”) a private
limited liability company established in India , having its registered office
at B-176 Kalpataru Habitat CHS, Dr S S Rao Raod, Parel Mumbai
Maharashtra India 400012 along with office in other states.
PLEASE READ THESE TERMS CAREFULLY
BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services
constitute your agreement to be bound by these Terms, which establishes a
contractual relationship between you and the company. If you do not agree to
these Terms, you may not access or use the Services. These Terms expressly
supersede prior agreements or arrangements with you. the company may
immediately terminate these Terms or any Services with respect to you, or
generally cease offering or deny access to the Services or any portion thereof,
at any time for any reason. Supplemental terms may apply to certain Services,
such as policies for a particular event, activity or promotion, 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 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. the company may amend the Terms related to the Services
from time to time. Amendments will be effective upon the company’s posting of
such updated Terms at this location or the amended policies or supplemental
terms on the applicable Service. Your continued access or use of the Services
after such posting constitutes your consent to be bound by the Terms, as
amended. Our collection and use of personal information in connection with the
Services is as provided in the company’s Privacy Policy located at https://www.myfamilycare.in/home/privacy-policy. The company may provide to a claims processor or an insurer any
necessary information (including your contact information) if there is a
complaint, dispute or conflict, which may include an accident, involving you
and a Third Party Provider (including a transportation network company driver)
and such information or data is necessary to resolve the complaint, dispute or
conflict.
2. The Services
The Services constitute a technology
platform that enables users of the company’s mobile applications or websites
provided as part of the Services (each, an “Application”) to arrange and
schedule a range of healthcare, transportation and/or logistics services with
independent third party providers of such services, including independent third
party transportation providers and independent third party logistics providers
under agreement with the company or certain of the company’s affiliates (“Third
Party Providers”). Unless otherwise agreed by the company in a separate written
agreement with you, the Services are made available solely for your personal,
non-commercial use. YOU ACKNOWLEDGE THAT the company DOES NOT PROVIDE
TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER
AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY
INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY the company OR ANY
OF ITS AFFILIATES.
LICENSE
Subject to your compliance with these
Terms, the company grants you a limited, non-exclusive, non-sublicensable,
revocable, non-transferable license to: (i) access and use the 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 the
company and the company’s licensors.
RESTRICTIONS
You may not: (i) remove any copyright,
trademark or other proprietary notices from any portion of the Services; (ii)
reproduce, modify, prepare derivative works based upon, distribute, license,
lease, sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly
permitted by the company; (iii) decompile, reverse engineer or disassemble the
Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Services; (v) 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 (vi) attempt to gain
unauthorized access to or impair any aspect of the Services or its related
systems or networks.
PROVISION OF THE SERVICES
You acknowledge that portions of the
Services may be made available under the company’s various brands or request
options associated with transportation or logistics, including the
transportation request brands currently referred to as “My Family Care”. You
also acknowledge that the Services may be made available under such brands or
request options by or in connection with: (i) certain of the company’s
subsidiaries and affiliates; or (ii) independent Third Party Providers,
including transportation network company drivers, transportation charter permit
holders or holders of similar transportation permits, authorizations or
licenses.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or
accessed in connection with third party services and content (including
advertising) that the company does not control. You acknowledge that different
terms of use and privacy policies may apply to your use of such third-party
services and content. the company does not endorse such third-party services
and content and in no event shall the company be responsible or liable for any
products or services of such third-party providers. Additionally, Apple Inc.,
Google, Inc., and/or their applicable international subsidiaries and affiliates
will be third-party beneficiaries to this contract if you access the Services
using Applications developed for Apple iOS, Android powered mobile devices,
respectively. These third-party beneficiaries are not parties to this contract
and are not responsible for the provision or support of the Services in any
manner. Your access to the Services using these devices is subject to terms set
forth in the applicable third-party beneficiary’s terms of service. OWNERSHIP.
The Services and all rights therein are and shall remain the company’s property
or the property of the company’s licensors. Neither these Terms nor your use of
the Services convey or grant to you any rights: (i) in or related to the Services
except for the limited license granted above; or (ii) to use or reference in
any manner the company’s company names, logos, product and service names,
trademarks or services marks or those of the company’s licensors.
3. Your Use of the Services
USER ACCOUNTS.
To use most aspects of the Services,
you must register for and maintain an active personal user Services account
(“Account”). You must be at least 18 years of age, or the age of legal majority
in your jurisdiction (if different than 18), to obtain an Account. Account
registration requires you to submit to the company certain personal
information, such as 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).
You agree to 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 the company’s
termination of these Terms with you. You are responsible for all activity that
occurs under your Account, and you always agree to maintain the security and
secrecy of your Account username and password. Unless otherwise permitted by
the company in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by
persons under the age of 18. You may not authorize third parties to use your
Account, and you may not allow persons under the age of 18 to receive
transportation or logistics services from Third Party Providers unless they are
accompanied by you. You may not assign or otherwise transfer your Account to
any other person or entity. You agree to comply with all applicable laws when
using the Services, and you may only use the Services for lawful purposes
(e.g., no transport of unlawful or hazardous materials). You will not, in your
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 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.
TEXT MESSAGING.
By creating an Account, you agree that
the Services may send you informational text (SMS) messages as part of the
normal business operation of your use of the Services. You may opt-out of
receiving text (SMS) messages from the company at any time by sending an email
to [email protected] indicating that you no longer wish to receive such
messages, along with the phone number of the mobile device receiving the
messages. You acknowledge that opting out of receiving text (SMS) messages may
impact your use of the Services.
PROMOTIONAL CODES.
The company may, in the company’s sole
discretion, create promotional codes that may be redeemed for Account credit,
or other features or benefits related to the Services and/or a Third Party
Provider’s services, subject to any additional terms that the company
establishes on a per promotional code basis (“Promo Codes”). You agree that
Promo Codes: (i) must be used for the intended audience and purpose, and in a
lawful manner; (ii) may not be duplicated, sold or transferred in any manner,
or made available to the general public (whether posted to a public form or
otherwise), unless expressly permitted by the company; (iii) may be disabled by
the company at any time for any reason without liability to the company; (iv)
may only be used pursuant to the specific terms that the company establishes
for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to
your use. the company reserves the right to withhold or deduct credits or other
features or benefits obtained through the use of Promo Codes by you or any
other user in the event that the company determines or believes that the use or
redemption of the Promo Code was in error, fraudulent, illegal, or in violation
of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
The company may, in the company’s sole
discretion, permit you from time to time to submit, upload, publish or
otherwise make available to the company through the Services textual, audio,
and/or visual content and information, including commentary and feedback
related to the Services, initiation of support requests, and submission of
entries for competitions and promotions (“User Content”). Any User Content
provided by you remains your property. However, by providing User Content to
the company, you grant the company a worldwide, perpetual, irrevocable,
transferrable, 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 the company’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. 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 the company 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 the company’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,
libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise
offensive, as determined by the company in its sole discretion, whether or not
such material may be protected by law. the company may, but shall not be
obligated to, review, monitor, or remove User Content, at the company’s sole
discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the
data network access necessary to use the Services. Your mobile network’s data
and messaging rates and fees may apply if you access or use the Services from a
wireless-enabled device and you shall be responsible for such rates and fees.
You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and Applications and any updates
thereto. the company does not guarantee that the Services, or any portion
thereof, will function on any hardware or devices. In addition, the Services
may be subject to malfunctions and delays inherent in the use of the Internet
and electronic communications.
4. Payment
You understand that use of the Services
may result in charges to you for the services or goods you receive from a
Third-Party Provider (“Charges”). After you have received services or goods
obtained through your use of the Service, the company will facilitate your
payment of the applicable Charges on behalf of the Third Party Provider as such
Third Party Provider’s limited payment collection agent. Payment of the Charges
in such manner shall be considered the same as payment made directly by you to
the Third-Party Provider. Charges will be inclusive of applicable taxes where
required by law. the company reserves the right to charge you an additional
amount for the pickup facility provided at various places along with applicable
taxes (including but not limited to GST). Charges paid by you are final and
non-refundable, unless otherwise determined by the company. You retain the
right to request lower Charges from a Third-Party Provider for services or
goods received by you from such Third-Party Provider at the time you receive
such services or goods. the company will respond accordingly to any request
from a Third-Party Provider to modify the Charges for a particular service or
good. All Charges are due immediately and payment will be facilitated by the
company using the preferred payment method designated in your Account, after
which the company 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 the company may, as the Third Party Provider’s limited
payment collection agent, use a secondary payment method in your Account, if
available. As between you and the company, the company reserves 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 the company’s sole
discretion. Further, you acknowledge and agree that Charges applicable may vary
or increase substantially due to a number of reasons and the company will use
reasonable efforts to inform you of Charges that may apply, provided that you
will be responsible for Charges incurred under your Account regardless of your
awareness of such Charges or the amounts thereof. the company may from time to
time provide certain users with promotional offers, subscriptions and discounts
that may result in different amounts charged for the same or similar services
or goods obtained through the use of the Services, and you agree that such
promotional offers, subscriptions and discounts, unless also made available to
you, shall have no bearing on your use of the Services or the Charges applied
to you. 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 fully compensate the Third-Party Provider for the services or goods
provided. Except with respect to taxicab transportation services requested
through the Application, the company does not designate any portion of your
payment as a tip or gratuity to the Third-Party Provider. Any representation by
the company (on the company’s website, in the Application, or in the company’s
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 the company 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 or goods obtained
through the Service, you are under no obligation to do so. Gratuities are
voluntary. After you have received services or goods obtained through the
Service, you will have the opportunity to rate your experience and leave
additional feedback about your Third-Party Provider.
REPAIR OR CLEANING FEES.
You shall be responsible for the cost
of repair for damage to, or necessary cleaning of, Third Party Provider
vehicles and property resulting from use of the Services under your Account in
excess of normal “wear and tear” damages and necessary cleaning (“Repair or
Cleaning”). In the event that a Third Party Provider reports the need for
Repair or Cleaning, and such Repair or Cleaning request is verified by the
company in the company’s reasonable discretion, the company reserves the right
to facilitate payment for the reasonable cost of such Repair or Cleaning on
behalf of the Third Party Provider using your payment method designated in your
Account. Such amounts will be transferred by the company to the applicable
Third-Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability;
Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND
“AS AVAILABLE.” the company 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, THE COMPANY MAKES NO REPRESENTATION, WARRANTY,
OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR
AVAILABILITY 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. THE
COMPANY 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.
LIMITATION OF LIABILITY.
THE COMPANY 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,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
COMPANY 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. YOU
ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION
SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR
PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR
PERMITTED. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION
WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE
HUNDRED EUROS (€500). THE COMPANY’S SERVICES MAY BE USED BY YOU TO REQUEST AND
SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY
PROVIDERS, BUT YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO
YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU
BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE
LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY
OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE
LAW.
INDEMNITY.
You agree to indemnify and hold the
company and its 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) the company’s use of your User
Content; or (iv) your violation of the rights of any third party, including
Third Party Providers.
6. Governing Law; Arbitration.
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 ninety (90) 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. The place of both
mediation and arbitration shall be India. The language of the mediation and/or
arbitration shall be English, unless you do not speak English, in which case
the mediation and/or arbitration shall be conducted in both English and your
native language. 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.
Effective September 15, 2020