MyCarely App (“App”): Users or members who haven’t subscribed to any MyCarely services (“Users”) agree to comply with the End User License Agreement (EULA), Disclaimer, and Privacy Policy available on the app. Users consent to MyCarely utilizing their registered phone number for “WhatsApp Communications,” allowing one-way messages with information, alerts, and updates regarding their account. Users can opt out by replying “stop.” Additionally, users authorize MyCarely to use their testimonials, images, and videos from social media or marketing materials.

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For Paid Members:

 

A member (“Member”) subscribed to any paid Membership Services from MyCarely acknowledges that their membership is subject to the following terms and conditions. “Services” refers to all offerings included in our Membership Plans unless otherwise specified.

 

1. TERMS:

 

The Member can select a Membership Plan for the specified duration at the time of payment. The Membership Plan commences on the Service Activation Date and lasts for the chosen period or renewal term. If the Member opts to renew services beyond the initial term, MyCarely will assess the necessary services and communicate the Membership Fee to the Member or their Next of Kin (NOK)—a relative authorized to make decisions on their behalf, who is of sound mind and at least 18 years old. Upon confirmation and payment, the membership will be renewed.

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2. SERVICES:

 

a) MyCarely's Services are governed by the terms and conditions (T&C) and require the Member to provide registration details through the App or their MyCarely representative. Membership Plans can cover one or two elders (the Member and their spouse), and the services provided will be as specified during registration.

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b) The Service Initiation Date for the Member's chosen Membership Plan will occur within 48 hours of payment. During this period, a MyCarely team member will call to confirm relevant details about the elder. Services will activate on the Service Activation Date, which is when MyCarely confirms the details necessary for service provision, followed by written confirmation of activation to the Member.

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c) MyCarely reserves the right to suspend Services at any time if there is a breach of the T&C by the Member, their NOK, or any family members.

 

d) The Member fully accepts and acknowledges all terms of the T&C. If the Member is deemed unsound of mind or medically unfit to understand the T&C, all responsibilities will be transferred to their NOK, who is assumed to have the legal authority to make shared decisions for the Member regarding healthcare and other matters.

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e) The Member acknowledges that Services will only be available within city limits based on the elder's address at the time of Service Activation (the “Home Zone”).

 

f) The Member confirms that Services will be delivered to their residential address as provided in the Membership Form or during online registration, and within the specified Home Zone.

 

g) If the Member wishes to receive Services outside the Home Zone while travelling to a different location (“Destination Zone”), they must inform us at least 48 hours in advance. We will notify the Member if Services can be provided in the Destination Zone.

 

h) The provision of Services in the Destination Zone is contingent upon our confirmation and availability. MyCarely will not be liable for any Services that cannot be delivered in the Destination Zone.

 

i) The Member understands that granting access to their residence is essential for providing the Services outlined in the Membership Plans. Our team members require unobstructed access to the Member's residence when requested or as needed for Services. If access is restricted, we reserve the right to enter forcefully to provide Services without being liable for any delays or inability to deliver. Any damage incurred due to forced entry will be the responsibility of the Member. It is recommended that the Member install a locking system approved by us at the main entrance for emergency access. We will carry out the Services with reasonable skill, care, and in accordance with industry standards and applicable laws.

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3. MEMBERSHIP FEE

 

a) The Member must pay the Membership Fee in advance for the Services specified at the time of purchase.

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b) We accept payments as communicated during sign-up or at various times thereafter. The Member is responsible for notifying us of any changes to payment information and for any consequences arising from declined payments.

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c) The Member confirms that the Membership Fee, along with any other amounts, expenses, and charges owed to us, are fair and reasonable and are fundamental to this arrangement. Additionally, if any costs, charges, or expenses are incurred by us or our team in providing the Services, these must be reimbursed by the Member within seven days of invoicing.

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d) Different or additional services will incur charges at the prevailing rates, along with applicable terms and conditions. 

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e) For Enterprise Members, the membership fee will be directly billed to the respective enterprise. All taxes related to enterprise membership will be the responsibility of the enterprise. Enterprise Members may request additional services beyond the Membership Plan, subject to payment and availability.

 

4. TAXES

 

The Member is responsible for paying all current and future local and government taxes on the Membership Fee and other charges. These taxes must be paid according to our instructions and are included in the Membership Fee and other charges.

 

5. MEMBER’S RESPONSIBILITY

 

Members using the services do so at their own risk and are solely responsible for providing accurate and complete information. It is their obligation to share their complete medical history and any updated reports to facilitate service delivery. We do not take responsibility for the verification of medical records and will maintain digital records of the Member’s clinical history.

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Members agree to follow all instructions provided by us regarding the use of our Services. The safety and security of our team members, including Nurses and Attendants, while rendering services at the Member's home is the Member's responsibility. Our Services may be affected by adverse weather conditions, civic disturbances, or other Force Majeure events, including but not limited to riots, lockdowns, pandemics, curfews, wars, terrorist acts, or other circumstances beyond our control. Members are responsible for the safekeeping of their personal property, including money, jewelry, dentures, and hearing aids. Additionally, those availing of Home Care Services must ensure that Attendants and Nurses have access to adequate food, clean drinking water, a safe sleeping environment, functional washroom facilities, and other basic necessities. Members must complete police verification of Attendants and Nurses as a precaution. All necessary supplies (e.g., cleaning and personal care items) and equipment for service provision must be supplied by the Member. Attendants are not authorized to administer medications. Members must inform us and our team if they or anyone staying with them has a communicable disease. Members also agree to indemnify and hold us and our team harmless against any loss, liability, or damage resulting from failure to notify us of such conditions.

 

Members, their NOKs, family members, or visitors shall not misbehave, threaten, physically assault, or detain any team member against their wishes. In such cases, the Member will be liable for any harm or contingencies arising from their actions. No Member shall harm any team member, including mental, emotional, or physical harm. Members must refrain from activities that could damage our property or involve illegal actions. Compliance with all applicable laws and regulations is mandatory. Members acknowledge that MyCarely will not be liable for any loss or damage, including loss of profits, revenue, or data, resulting from the use or inability to use the Services. These terms are governed by the laws of India. Members agree not to circumvent or hire any MyCarely team member, partner, or vendor introduced during the membership and for twelve months after its expiration.

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6. OUR RELATIONSHIP WITH THE MEMBER

 

a) We shall provide Services to the Member as an independent service provider, and this relationship shall not be interpreted as Principal-Agent.

 

b) The Member has no authority to assume, bind, or create obligations on behalf of MyCarely or our team members in any manner.

 

c) The Member acknowledges that we reserve the right to approve or terminate the Member's membership at our discretion for any reason.

 

d) The Member must ensure that the NOK representative or emergency contact specified in the Membership Form does not transfer or assign their responsibilities regarding the Member and this membership without prior written notice.

 

7. CESSATION OF MEMBERSHIP IN CASE OF DEATH OR NON-RENEWAL

 

a) Non-renewal: Our responsibility to render the Services may also cease to exist in the event of non-renewal of the Membership by the Member prior to expiry of the Term.

 

b) Death: Death: This membership shall terminate automatically upon death of the Member. The Member/NOK shall be charged the Membership Fees and other charges (as applicable) till the period Services are provided.

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8. LIMITATION OF LIABILITY

 

a) As a Member, you understand that we are committed to providing our Services to you in good faith and will make every effort to ensure that the Services provided are safe, healthy, and suitable for your needs. However, we cannot be held liable for any direct, indirect, consequential, or incidental damages or harm caused to you. We will also not be held responsible for any damages or loss of health, property, or life resulting from actions not attributable to us, our team members, affiliates, partners

service providers, Attendants, or Nurses.

 

b) In the event of any liability, our responsibility to you will be limited to the amount paid by you to us in the last preceding quarter of the Term, from the date the liability arose, after deducting the value of the services provided up to that date.

 

 

*This is an indicative list of services. The scope of services may differ based on the plan and requirements of the family

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