Terms & Conditions

Thank you for visiting EldersIndia.com. Tharsha Ventures Private Limited (“us”, “we”, “Company” or “Tharsha”) is the author and publisher of the internet resource EldersIndia.com (“Website”) on the World Wide Web as well as the software and applications provided by EldersIndia.com, including but not limited to the software and applications on the Website.

  1. I. To provide an online platform that gathers, organizes, and classifies information relating to curated products for elderly persons, including but not limited to Indian citizens, which are available on various online sources.
  2. II. To provide a one-stop solution for its users addressing their healthcare needs, providing elderly assistance, financial services, recreation, safety, and security services.
  3. III. Any other elder-specific services or products which will be added over time. It is to be noted that these services are not medical advice and are not intended to be the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction.

Please carefully read through these terms and conditions (“Terms”), the privacy policy available on the Website (“Privacy Policy”) and the disclaimers contained herein (“Disclaimers”) before you decide to access the Website or avail the services made available on the Website by us. By using the software and/or availing the products offered on the website, you agree that you are availing the Services (defined below) offered by us and are bound by the Terms, Privacy Policy and Disclaimers (collectively “Agreement”) The information provided under this Website is available to you (“User”), solely for the purposes of information.

This Agreement applies to those services made available by the Company on the Website (“Services”), including the following:

All rights are reserved by the Company. The content, code and applications contained on this Website, under the domain EldersIndia.com are copyright protected. Users shall not reproduce, copy, or redistribute content or code in any form without prior written permission from the Company except for purely personal and non-commercial uses.

All the statements in these Terms apply to all users, and all users are therefore required to read and understand these Terms set out herein prior to accessing or utilizing any Services from the Website, failing which they are required to leave the Website immediately.

1. Availability:

a. The company controls and operates this Website from India and the Terms are solely governed by and must be interpreted in accordance with Indian laws. Our Services are offered only in countries where they may be lawfully offered by the Company. The materials on this Website are not intended for use by persons located in, or resident in countries that restrict the distribution of such materials. The information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Website shall not be considered as communicating any invitation or inducement to engage in any activity outside any jurisdiction where the Company is not licensed or authorized to perform such activities.

b. Not all of our Services that you may be able to view via this Website may be available in all geographical locations served by us. It is the responsibility of any persons accessing this Website and any information available through this Website to inform himself or herself off, and to observe fully the applicable laws and regulations of any relevant jurisdiction. The Company may decline to provide you with its Services solely based on your location;

c. We may modify or discontinue any Service, any information or features that form a part of the Website, at any time, with or without notice to you, and without liability.

d. The Services are available only to persons who can form legally binding contracts under applicable laws. The Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

e. We reserve the right to refuse registration of or cancel accounts which deem to be inappropriate.

2. Relying on Information:

a. The Services on this Website do not constitute an offer or recommendation of any products or services provided by any of our participants.

b. By accessing this Website the User wishes to gain, for its own use, more information about the Company and the Services offered by Company.

c. No representation is given that any Services discussed in or accessible through this Website are suitable for you or any particular person. You acknowledge that your use of this Website and any requests for information you have made as a result of visiting this Website have not been solicited by the Company or any of its affiliates and that the provision of any information through this Website shall not constitute or be considered health advice. The information contained on this Website is not intended to provide professional advice. Persons accessing these pages should obtain appropriate professional advice when necessary;

d. The Company retains the absolute right to determine eligibility for subscription to any of the Services; and we do not represent or warrant that the Website will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

e. The Company assumes no responsibility for any services, or financial, healthcare and security advice rendered by the participants to the Users on the Website nor does it warrants or gives any representation as to the accuracy of the healthcare or financial advice rendered on the Website.

3. Privacy Policy: The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of this Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. By submitting data to us or our agent or by using this Website, you consent to our use of such data, in the manner set out under the Privacy Policy and agree to be communicated by us to facilitate your use of our Services.

4. Disclaimers: The information contained in this Website is for general information purposes only. The information is provided by EldersIndia.com, a property of the Company. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Any services availed by you that are available on the website shall be at your own risk and the Company in way assumes any responsibility and/or liability in respect of such services.

5. Limitations of Liability: The Company will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

a. for any direct loss arising out of the services availed by you from the service providers on the Website;

b. for any indirect, special or consequential loss; or

c. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

6. Other parties: You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website.

7. Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.If you do not think they are reasonable, you must not use this website.

8. Account Details:

a. You will receive a password and account designation upon completion of the registration process. The User shall be responsible for maintaining the confidentiality of password and login information and shall not use this Website for any unlawful purpose. Kindly ensure that you log out from your account at the end of each session of usage.

b. The Company shall not be held responsible in any way for direct, indirect, special or consequential damages arising out of any unauthorized use of the User account. In the event of any unauthorized use of your password or account or any other breach of security, notify us immediately.

c. The entity or the person creating an account shall be deemed to be the account owner. For security reasons, only the account owner or any person designated by the account owner will be allowed to make changes, cancellations or designate a new point of contact. Disputes may sometimes arise between or among multiple persons claiming ownership of or rights in an account. However, the Company shall not be obligated to resolve any such disputes.

9. Intellectual Property:

a. The User has no right to use or copy any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of EldersIndia.com or any other person as displayed on this Website.

b. The content and information contained within our Website or delivered to you in connection with your use of our Website is the property of Company and any other third party (where applicable). The trademark, trade names and logos (the “Trade Marks”) that are used and displayed on our Website include registered and unregistered Trade Marks of ourselves and other third parties.

c. Nothing on our Website should be construed as granting any licence or right to use any Trade Marks displayed on our Website. We retain all proprietary rights on our Website. Users are prohibited from using the same without written permission of the Company or such other parties.

d. The materials on this Website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the Company’s prior written consent.

e. The User hereby grants Tharsha a non-exclusive right and license to use User’s name and such of User’s trade names, trademarks, service marks and logos (“User’s Marks”) for the purposes of publishing advertisements on the Website in relation to the Services provided by Tharsha to the User.

10. User’s Voluntary Suggestions:

a. Some of the features of this Website or the Services found on this Website may allow the User to view, post, publish, share ideas, opinions, recommendations, feedback or advice (“User Feedback”). By providing User Feedback to Tharsha via any method, User hereby grants Tharsha the right to use and disclose any User Feedback on the Website for lawful purposes.

b. In no event shall the User or anyone else be entitled to any compensation or acknowledgement for Tharsha’s use of any User feedback. User’s provision of User feedback is entirely voluntary and will not create any obligation on part of Tharsha.

11. User’s Responsibility:

a. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this Website.

b. You are 18 (eighteen) years of age or older and that your use of the Services shall not violate any applicable law or regulation.

c. The User agrees that he/she is solely responsible for the content that he/she chooses to submit for publication on the Website, including any User Feedback relating to the Services or Website. The role of the Company in publishing User Feedback is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.

d. The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.

e. User shall not utilize the Services for unlawful, obscene, offensive or fraudulent activity such as advocating harm, interfering with or violating the integrity or security of a network or system, sending unsolicited abusive or deceptive messages, viruses or harmful code or violating any third party rights.

f. User shall not use the Services for creating or sending Internet viruses, worms, Trojan horses or for pinging. The User is also prohibited from engaging in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with the ability of others to effectively use the Services.

g. User shall not indulge in Hacking or other related activities. Hacking for the purpose of this Clause shall mean activities including but not limited to illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in Hacking.

h. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Tharsha may remove or block User’s access to content appearing on or through the Services in case of any such violation.

i. Tharsha does not allow the use of anonymous proxy scripts on its Website. They can be very abusive to the server resources, affecting all users on that server. User shall not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.

j. The User shall use the Services only in compliance with these Terms, Privacy Policy or other policies as may be furnished to the User and all applicable laws.

k. The user may not access or use any third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party.

l. The User shall be solely liable to separately back up his/her files and data that may be uploaded on the Website. Under no circumstances will Tharsha be liable to anyone for damages of any kind arising out of the loss of User’s files and/or data uploaded on the Website.

m. User hereby agrees to indemnify and hold harmless the Company, its content providers and respective directors and officers against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of the foregoing.

12. Personal Information:

a. Personal information provided by the User while registering on this Website is done voluntarily and the User warrants that such information is authentic.

b. We assure that the personal information collected from the Users shall be used as prescribed under the Privacy Policy.

c. The User is therefore completely informed that Company accesses such information collected from the User in order to process, analyze, compile and utilise them, within the framework of the Privacy Policy.

d. It is expressly agreed by the User that his/her personal information or the personal information entered into by the User on behalf of any person authorizing him to do so may be passed to a third party in order to deliver the Services requested by him/her.

e. You also permit us to disclose your information to service providers, with whom Company has a contractual relationship, who help with our business operations and Services offered on the Website.

f. The User also acknowledges that he/she has been informed that Company may transmit such data at the request of a duly recognized law enforcement and governmental agencies.

13. Security:

a. We take appropriate measures to ensure that your information disclosed to us is kept secure, accurate and up to date. This Website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. We utilize firewalls, SSL encryption technologies, and secure server and authentication procedures on the Cloud for security purposes for our Website.

b. The User shall fill a registration form in order to avail the Services provided by us. The User shall provide true, accurate, current and complete information as required under the registration form. As part of the registration process, the User shall provide an e-mail address and a password for the User’s account on the Website. The User shall be responsible for maintaining the security of the User’s account, passwords and files.

c. Internet communications may be susceptible to interference or interception by third parties. We assume no liability for any disclosure of information due to any errors in transmission, unauthorized third party access to our Website and databases or other acts of third parties, or acts or omissions beyond our reasonable control.

d. Despite our best efforts, we make no warranties that the Website is free of infection by computer viruses or other unauthorized software. You should take necessary precautions while using the Website and take the necessary steps in order to keep the Website secure. This includes clearing your Internet browser cookies and cache before and after using any services on the Website.

14. Authorization:

a. Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Company is not liable for malfunctions in communications facilities which are not under its control that may affect the accuracy or timeliness of messages and transactions you send.

b. E-mail messages sent to Company over the internet cannot be guaranteed to be completely secure. The Company is not responsible for any damages incurred by Users if they send a message to the Company or its affiliates, or if the Company or its affiliates send a message to them at their request, over the internet. The Company is not responsible in any way for direct, indirect, special or consequential damages arising out of the use of this Website.

c. The User is therefore completely informed that Company accesses such information collected from the User in order to process, analyze, compile and utilise them, within the framework of the Privacy Policy.

d. It is expressly agreed by the User that his/her personal information or the personal information entered into by the User on behalf of any person authorizing him to do so may be passed to a third party in order to deliver the Services requested by him/her.

e. You also permit us to disclose your information to service providers, with whom Company has a contractual relationship, who help with our business operations and Services offered on the Website.

f. The User also acknowledges that he/she has been informed that Company may transmit such data at the request of a duly recognized law enforcement and governmental agencies.

15. Third Parties and Hyperlinks:

a. This Website may provide hyperlinks to other locations or websites on the internet. These hyperlinks may lead to websites published or operated by third parties who are not affiliated with or in any way related to Company. They have been included in our Website to enhance your user experience and are presented for information purposes only. We endeavour to select reputable websites and sources of information for your convenience. Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit.

b. The display on this Website of any products or services offered by third parties does not in any way suggest that Company approves, endorses, recommends, guarantees or introduces any of these third parties or products or extends any advice to the User about these third parties or their products.

c. We are not in any way responsible for the content of any externally linked website or webpage. You use or follow these links at your own risk and Company is not responsible for any damages or losses incurred or suffered by you arising out of or in connection with your use of the links. The company is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by Company.

d. You must always obtain the prior written approval of the Company before creating a hyperlink in any form from a third party website to this Website. The company may or may not give such approval at its absolute discretion.

e. Company reserves the right to object or disable any externally linked website to or from the Website.

16. Liability:

a. This Website is a resource for information purposes only. The company makes no endorsement of, is not responsible for and makes no representations or warranties with respect to links from this Website to other information, websites or entities. This Website is intended, but not warranted, promised or guaranteed, to be correct, complete, and up-to-date. Company expressly disclaims and will not be liable for any act or omission or any consequence of any act or omission by the User relying on material/information provided in this Website.

b. Whilst every care has been taken in preparing the information materials contained in this Website, such information and materials are provided “as is” without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials. The Company assumes no liability for the interpretation and/or use of the information contained or referred to on this Website.

c. The content on the Website is provided by third-party participants who have entered into an agreement with Tharsha and User agrees that the responsibility for any act or omission by the User arising from the User’s interpretation of the said content is solely attributable to the user. The User agrees to absolve the Company from and indemnify Company against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of the content on the Website.

17. Modification and Termination: Company reserves the right to suspend, terminate or restrict the User’s access to the entire or a section of this Website without notice. Further, this limited license terminates automatically, without notice to you, if you are in breach of any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.

18. Governing Law:

a. Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of the Terms to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute; and

b. Subject to the above clause, these Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts and tribunals at Bangalore.

19. Variation: The Terms may be modified at the discretion of Company and the User’s usage of this Website shall be governed by the Terms in effect at the time of usage. You are encouraged to review these Terms from time to time.

20. Contact Information Grievance Officer: In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at Name: Amarnath M, Designation: BDM Address: 28/A, 3rd Main, RMS Colony, AECS Layout, Bengaluru Email: amarnath.m@tharsha.com Telephone:N/A (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, please address your grievance to the above person.

21. Unenforceable Provisions: If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

22. Payment Terms and Cancellation Policy:

a. The User agrees to make payments in INR only and in the manner described henceforth.

b. Payment can be made in the following ways:

i. Offline payment if agreed to by the service provider

ii. Using Debit/Credit Card

iii. Net Banking

iv. E-wallets/UPI such as PayTM, Razorpay, etc.

c. The User can pay for a bundle of services (“Packages”) or for a single service (“Single Service”); such payment can be made in advance or on the date that the service is scheduled.

d. If the User wishes to cancel their scheduled services, you shall be charged a fee (“Cancellation Fee”) based on the service provider cancellation policy (in the vendor “Terms and Conditions” section).

e. Tharsha may add new services from time to time and the corresponding fees would be notified at that point in time.

f. All fees are inclusive of GST, and if there are any other statutory levied or taxes; this would be additional.

g. The payment process would be considered to be complete only on receipt of the fees through COD or online transfer as per clause 22.b.

h. Fees not received within the specified due dates attract late charges of 2% per annum from the due date of payment, and any waiver of such charges will be as per Tharsha’s sole discretion.

i. Tharsha receives the right to modify the free structure by providing due notice, either by notice on the Website/APP or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Tharsha to such notice, Tharsha shall apply the modified fee structure effective from the expiry of the said notice period.

j. In order to process the fee payments, Tharsha might require details of User’s bank account, credit card number and other such financial information.

k. In case of non-payment of any fee beyond the date, payment becomes overdue, Tharsha reserves the right to take any legal action as it deems appropriate.

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