Terms & Conditions

DEFINITIONS AND INTERPRETATION

  1. Definitions

In this terms and conditions document (including the Schedules hereto) (“T&C”), except where the context otherwise requires, the following terms shall have the following meanings:

  1. Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval of any Government Authority, directive, guidelines, policy, requirement, press note, guidance or other governmental restriction, or acts of state, legislature or Parliament or any similar form of decision of or determination by, or any interpretation having the force of the law of any of the foregoing by any Government Authority;
  2. CentralResponse Unit” shall mean the Company’s central response unit;
  3. Company” shall mean ECI Services Pte Limited;
  4. Confidential Information” shall mean all information which is obtained/received during the tenure, including but not limited to the terms and conditions specified herein and all information concerning a party’s health, plans, business transactions, technical and operational information and financial arrangements, whether or not such information has any commercial value;
  5. Customer Form” shall have the meaning ascribed to it in Paragraph 2;
  6. ECO” shall mean Elder Care Officer;
  7. Effective Date” shall have the meaning ascribed to it in Paragraph 3;
  8. Elder Data” shall have the meaning ascribed to it in Paragraph 5;
  9. Elder Visit” shall mean a visit made to the home of the Elder registered with the Company by a Company representative;
  10. Elder” shall mean a Person (i) on whose behalf a Customer Form has been duly filled up by a Sponsor, for availing any of the Services, and which Customer Form has been accepted by the Company in accordance with this T&C or (ii); who has duly filled up and submitted a Customer Form;
  11. Force Majeure” shall mean any event, which is outside the reasonable control of the party affected by such event impairing such party’s ability to perform any of its obligations (other than payment obligations) hereunder, including, but not limited to acts of God, fire, flood, lightning, war, revolution, act of terrorism, riot or civil commotion or other disturbance caused due to law and order/political/communal problems, acts of public enemy, epidemic, quarantine, governmental orders, prohibition, embargo, legislations, ordinances and enactments, notifications, rules and regulations, strikes, lock-outs, labour unrest or other industrial action, whether of the affected party's own employees or others, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services as is beyond the reasonable control of a party, non-connectivity of internet on a phone, non-functioning of mobile phone, non-availability of mobile phone service, non-working of a wifiand / or other means of connecting to internet, location and global positioning system not working on mobile phone, calls not going through for whatever reasons including due to lack of prepaid balance/ non-payment of bill for the mobile phone, mobile phones being switched off due to any reasons;
  12. Government Authority” shall mean any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency, entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any political subdivision thereof, or any court, tribunal or arbitrator exercising powers conferred on it by the force of law;
  13. Independent Living Assistance” shall mean assistance for independent living in society services provided by the Company as one of the Services;
  14. Intellectual Property” shall mean and include trademarks copyrights, service marks, trade names, logos, domain names, designs, emblems, insignia, fascia, slogans, videos, applications, know-how, information, patents, trade secrets, standards, specifications, techniques, schemes and materials, management methods, standard operational procedures, advertising and marketing material including leaflets, brochures, posters, stickers and flyers, and other material(s) and/or creation(s) irrespective of the medium and format (including inter-alia through a web platform), whether or not registered or capable of registration and all other proprietary rights whatsoever, whether owned by or available to a party now or in future, anywhere in the world;
  15. Intellectual Property Rights” shall mean and include (i) all possible rights, benefits, title or interest in or to the Intellectual Property, anywhere in the world, (whether registered or not and including all applications for the same and any extensions and renewals thereof) including all rights provided by international treaties and conventions, rights of distribution, reproduction and all other exploitation rights, (ii) any goodwill in relation to or in connection with the same (iii) any licenses, permissions and grants in connection therewith, (iv) applications for any of the foregoing and the right to apply for them in any part of the world; (v) right to obtain and hold appropriate registrations for any of the foregoing, (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same;
  16. Local Guardian” shall mean an individual whose name has been entered by the Sponsor and is a resident of the same city as the residence of the Elder;
  17. Lock-in Period” shall mean a period of 3 (three) months from the date of initiation of Services by the Company;
  18. Medical Record Access” shall mean the maintenance of medical records of the Elder in a digitised manner;
  19. MARS” shall mean medical alarms and response system provided by the Company as one of the Services;
  20. Nominee” shall have the meaning ascribed to it in Paragraph 2.3;
  21. One Time Registration” shall have the meaning ascribed to it in Paragraph 1.2;
  22. Paragraph” shall mean a paragraph of this T&C;
  23. Permitted Third Parties” shall have the meaning ascribed to it in Paragraph 2;
  24. Registration Fee” shall have the meaning ascribed to it in Paragraph1.2;
  25. Service Fee” shall mean collectively the Registration Fee, SubscriptionCost and other miscellaneous charges;
  26. Services” shall mean Independent Living Assistance, Medical Record Access and MARS, and related services as the case may be;
  27. SGD” shall mean Singapore Dollar;
  28. Sponsor” shall mean a person who submits a Customer Form on behalf of an Elder and makes payment of Service Fees for Services availed by or given to such Elder;
  29. Stay Back Fee” shall mean the additional fee charged for an additional number of hours spent which is beyond the stipulated number of hours agreed as a part of the delivery of Services;
  30. Subscription Cost” shall have the meaning ascribed to it in Paragraph 1.1; and
  31. Term” shall have the meaning ascribed to it in Paragraph 2;
  1. Interpretation

In construing this T&C:

  1. unless the context otherwise requires, words importing the singular shall include the plural and vice versa;
  2. paragraph headings are for reference only and shall not affect the construction or interpretation of this T&C;
  3. references to paragraphs and schedules are references to Paragraphs and Schedules of and to this T&C;
  4. the expression "this Paragraph" shall, unless followed by a reference to a specific provision, be deemed to refer to the whole Paragraph (not merely the sub-Paragraph or other provision) in which the expression occurs;
  5. unless otherwise stated specifically, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and including the day on which the period ends, and if the day on which the period ends is not a working day, then such period shall stand extended to the next working day;
  6. any reference to statutory provisions shall be construed as meaning and including references to any amendment or re-enactment thereof (whether before or after the Effective Date) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions;
  7. the schedules to this T&C shall be deemed to be incorporated in and shall form an integral part of this T&C;
  8. the terms "herein", "hereof", "hereto", "hereunder" and words of similar purport refer to this T&C as a whole and not to any particular paragraph or schedule of this T&C
  9. reference to any agreement, contract, document or arrangement or to any provision thereof shall include references to any such agreement, contract, document or arrangement as it may, after the date hereof, from time to time, be amended or supplemented. For the avoidance of doubt, a document shall be construed as amended or modified only if such amendment or modification is executed in compliance with the provisions of such document(s);
  10. reference to the word "include" or "including" shall be construed without limitation;
  11. the word "Person" shall mean any individual, partnership, firm, corporation, body corporate, joint venture, association, trust, Hindu undivided family, unincorporated organization or other similar organization whether or not incorporated or any other entity and wherever relevant shall include their respective successors and assigns, and in case of an individual shall include his legal representatives, administrators and executors, and in case of a trust shall include the trustee or the trustees for the time being;
  12. any reference to “writing” includes printing, e-mail, typing, lithography, facsimile and other means of reproducing words in permanent visible form;
  13. any references to days, months and years are to calendar days, calendar months and calendar years, respectively and shall be reckoned according to the Gregorian calendar; and
  14. in the event of any ambiguity, question of intent or interpretation, this T&C shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favouring or disfavouring any party by virtue of the authorship of any provision of this T&C.
  1. APPLICATION PROCESS AND TERM
    1. The Elder or the Sponsor (as the case may be) shall acknowledge acceptance of this T&C by signing the Customer Form of the Company or by clicking on the ‘Submit’ button on the online Customer Form on the website of the Company. If for any reason, the Elder or the Sponsor (as the case maybe) should fail to accept this T&C as aforementioned, any conduct by the Elder and/or the Sponsor which recognises the existence of a contract pertaining to the subject matter hereof (including, without limitation, the performance of Services) shall constitute acceptance by the Elder or the Sponsor (as the case maybe) of this T&C and of all the terms and conditions contained herein.
    2. This T&C shall be valid from the date of acceptance hereof and shall be binding in full force and effect for the entire duration of provision of the Services by the Company to the Elder ("Term"). Provided that, in no event, can the Elder and/or the Sponsor cancel the Services prior to the Lock-in Period.
  2. PROVISION OF SERVICES
    1. On and from Effective Date, the Elder and/or the Sponsor shall engage the Company and the Company shall undertake to render the Services to the Elder in accordance with this T&C. However, the Services shall only be available in those regions/geographies/areas mentioned on the website from time to time and/or explained by representatives of Elder Care.
    2. The Company shall provide the Elder or the Sponsor (as the case may be) with an online Customer Form (“Customer Form”) available on the Company website in order for the Elder or the Sponsor (as the case may be) to apply for the Services. The Services shall be initiated by the Company only after the fulfilment of all of the following conditions:
      1. The Sponsor or the Elder (as the case may be) shall have duly filled in and submitted the Customer Form along with all requisite documentation to the Company, including but not limited to proof of residence address of the Elder;
      2. The Company shall have accepted the Customer Form for such Elder;
      3. The Sponsor is deemed to be the nominee of the Elder (“Nominee”);
      4. The Company shall have accepted the Nominee form submitted by such Sponsor or the Elder (as the case may be); and
      5. The Sponsor or the Elder (as the case may be) shall have paid the One Time Registration and the Subscription Cost, in terms of Paragraph 4 (Service Fee).
    3. The Company shall initiate the provision of Services to the Elder from the date ("Effective Date") on which each of the conditions precedent listed in Paragraph 2 above have been fulfilled by the Elder and/or the Sponsor (as the case may be) at the sole satisfaction of the Company. Notwithstanding what is stated in this Paragraph 3, the Company reserves the right to accept/reject the Customer Form of any prospective Elder, whether filled by such Elder or sponsor (as the case may be) at its sole and absolute discretion and the Company’s decision in this regard shall be final. The Company shall not be obligated to provide such Elder or Sponsor (as the case may be) any reason/ cause for such rejection of a prospective Elder.
    4. The Company shall only render those Services to the Elder and for such duration which has been opted by the Sponsor in the Customer Form and as accepted by the Company. The Company shall not be under any obligation to provide another Service or for any other duration other than the selection made by the Elder and / or the Sponsor in the Customer Form. The Services rendered by the Company to the Elder shall be in accordance with and subject to such limitation as mentioned in the Elder’s account page. The Company may, at its sole discretion, modify, amend or update the scope or terms and conditions of any of the Services, wholly or partially, without any prior notice.
    5. Additional terms and conditions which are applicable to specific Services that may be availed by the Elder are provided in the [Elder’s account page] and the Elder and the Sponsor (as the case may be) are further bound by all such additional terms and conditions.
    6. The Elder and the Sponsor are deemed to be, fully and completely cognizant of the Company’s terms and conditions for providing the Services (as provided in this T&C and in the Elder’s account). The Elder and the Sponsor may also refer to the Company’s website for the Company’s terms and conditions for providing the Services. The Elder and the Sponsor may also contact the Company customer support center, the information of which is provided on the website of the Company to seek clarifications regarding the T&C and may also at any time request the Company to provide a soft copy of the updated T&C applicable to the Services being provided to such Elder.
  3. SERVICE FEE
    1. In consideration for the Company’s performance of the Services as set forth in the T&C, the Sponsor or the Elder (as the case may be) shall make payment of the mutually agreed Service Fee to the Company. The Service Fee shall include collectively the following:
      1. Subscription Cost: The Sponsor or the Elder (as the case may be) shall pay the amount specified in the relevant section of the Company’s website ("Subscription Cost") to the Company through online payment, net banking or real-time gross settlement (subject to actual realisation by the Company) or such other modes as may be specified from time to time; and
      2. One Time Registration: Non-refundable registration fee for any or all the Services (“Registration Fee”). The Sponsor or the Elder (as the case may be) shall pay the amount specified in the relevant section of the Company’s website to the Company through online payment, net banking, real-time gross settlement (subject to actual realisation by the Company) or such other modes as may be specified from time to time;
    2. The Service Fee provided in Paragraph 1 above is exclusive of all applicable taxes, which shall be payable by the Elder or the Sponsor (as the case maybe) at the prevailing rates and in accordance with Applicable Laws.
    3. All payments of Service Fee shall be made by the Elder or the Sponsor (as the case may be) in SGD only.
    4. All payments of Service Fees shall be made by the Sponsor or the Elder (as the case may be) in advance, i.e., that is prior to an Elder availing the Service. However, for any mutually agreed additional Services being provided by the Company to the Elder in the manner set forth in Paragraph 1below, invoices shall be raised by the Company to the Elder or the Sponsor (as the case may be), which shall be cleared immediately and no later than at the time of delivery of the Service, failing which, the Elder or the Sponsor (as the case may be) shall pay default interest at the rate of 12% (twelve per cent) per annum on the amounts due for the period of such delay till the actual payment.
    5. The Company reserves the right to increase the Service Fee, at any point in time at its sole and absolute discretion provided that if the Service Fee is being increased for the existing Elders who are availing the Services from the Company and for which Service Fee has already been paid, then the Company shall obtain the prior approval of the Elder or the Sponsor (as the case may be). Notwithstanding anything to the contrary, the Elder and the Sponsor hereby acknowledge and accept that the Company shall have the right to increase the Service Fees by 10% (ten per cent) after the expiry of every 12 (twelve) months.
    6. In the event of the demise of the Elder or non-payment of the Service Fee for any reason whatsoever, the Nominee and the Sponsor of such Elder shall be jointly and severally liable to make timely payment of all outstanding dues to the Company with respect to such Elder pursuant to these T&C. The Nominee and the Sponsor, for such purposes, shall be deemed to be the Elder and / or the Sponsor, as the case may be and all provisions set out herein shall be applicable to the Nominee and / or the Sponsor.
    7. The Service Fee provided in these T&C is only in respect of the Service and the Elder and / or the Sponsor shall be liable to pay and / or reimburse the Company for any other expense that the Company may incur (“Other Charges”), such as payment to external vendors and not limited to service providers, pathological lab charges, medicine charges, and grocery charges.
    8. The Company will also charge a Stay Back Fee for any additional hours that are spent in delivering the Services which is beyond the stipulated time, such as, when the ECO has already admitted the Elder to the hospital at the time of emergency and has stayed back to wait for the Sponsor or the Local Guardian to arrive for 2 hours, post which the StayBack Fee will apply, or on occasions when the Elder has already used the weekly visit and would like a special visit to be arranged for any activity etc.
  4. REFUND OF SERVICE FEE
    1. In the event that during the Term, an Elder expires or is rendered physically incapable of accepting the Services selected by such Elder and/or the Sponsor, the provision of Services under these T&C shall be cancelled and the Company shall refund the unused Subscription Cost to the Elder (or to the Sponsor or the Nominee) on a pro-rata basis without any interest. The pro-rata refund will be calculated from the date of intimation of death or incapacitation of such Elder to the Company. Such intimation to the Company by an Elder, Sponsor or Nominee (as the case may be) is required to be accompanied with proof of death and/ or incapacitation, as applicable. The Company shall at its sole description deduct any administrative charges from such refund.
    2. In the event that an Elder or the Sponsor (as the case may be) desires to terminate/ cancel the Services before the expiry of the Term, but only after the Lock-in Period, the Company shall:
      1. refund the unused amount only from the Subscription Cost and not from any other charges and fees; and
      2. be entitled to retain a portion of the Subscription Cost as cancellation charges and shall be required to refund only the remainder of the Subscription Cost depending upon the payment plan chosen by the Elder or the Sponsor (as the case may be), without any interest, in the manner provided in Schedule I.
    3. It is hereby clarified that an Elder or thr Sponsor (as the case may be) can in no event cancel or terminate the Service prior to the expiry of the Lock-in Period.
    4. The Company shall at its sole and absolute discretion deduct administrative or other charges from any amounts that are refunded pursuant to the T&C.
  5. OBLIGATIONS OF THE COMPANY
    1. From time to time, the Elder and/or the Sponsor may request the Company to provide services other than the Services. On receipt of such a request from the Elder and/or the Sponsor, the Company may, in its sole discretion supply a written quotation to the Elder or the Sponsor (as the case may be), including therein a description of the services to be provided and the fee proposed to be charged for such services by the Company. The parties shall only include such additional services that have been mutually agreed to in writing by the parties.
    2. The Company shall have the exclusive right to determine the number, qualification, experience, categories, working time and other criteria of the personnel required for rendering any Services. The Company shall at its sole discretion select, hire, terminate, remove, assign and/or re-assign the personnel assigned to an Elder and/ or may employ such number of personnel as the Company in its assessment deems sufficient for rendering the Services.
    3. It is hereby clarified that the Company shall not be responsible and/ or liable for providing or obtaining specialist advice in areas outside its expertise (whether medical or non-medical in nature) and shall not be held liable in any manner whatsoever where other advisors/ specialists have been engaged by the elder/ the Sponsor (as the case may be) to give such advice. Notwithstanding the above, in case of advice provided by other advisors/ specialists, the Company shall be entitled to rely upon such advice for the purposes of providing the Services. The Elder and the Sponsor (as the case may be) shall be entitled at any time to seek advice from any person on any matter within the scope of the Services, but for the avoidance of doubt, the seeking of any such advice will be without prejudice to the payment of any fee to the Company hereunder and without any responsibility/ liability of the Company with respect to such advice.
    4. It is further clarified that the Company shall not be liable to undertake any activity which is beyond the scope of Service; such as, to undertake any other activity on the basis of data which is being supplied by the Elder, the Sponsor or any other third party, after the Elder has been hospitalised, such as medical test result supplied by an independent pathological laboratory (irrespective if the samples were delivered by the Company to such laboratory).
  6. OBLIGATIONS OF THE ELDER AND THE SPONSOR
    1. The Elder and the Sponsor (as the case may be) shall not at any time, directly or indirectly, contact any of the Company’s employees, agents, personnel and/or staff unless specifically advised to do so by the Company in writing. For all requests for Services and/or any other kind of communication with the Company, the Elder and the Sponsor (as the case may be) shall contact the Company’s customer support infrastructure or use the Company’s website or any other available digital channels as may be offered by the Company to the Elder and the Sponsor (as the case may be) from time to time.
    2. During the Term, the Elder and the Sponsor (as the case may be) shall regularly provide all such information, data, assistance and documents to the Company, as may be reasonably requested by the Company for the performance of the Services its obligations under this T&C.
    3. The Elder and the Sponsor (as the case may be) shall keep the Company informed of all developments (whether medical and non-medical) relevant/ pertaining to the performance of the Services by the Company.
    4. The Elder and the Sponsor (as the case may be) agree and acknowledge that in performing the Services, the Company shall be entitled without further inquiry or investigation to rely upon the accuracy and completeness of all information, data and/or documents provided and representations (verbal or otherwise) made by the Elder and/or the Sponsor (as the case may be) to the Company.
    5. The Elder and the Sponsor agree that no initiatives/ steps relevant/ pertaining to the Services will be taken by the Elder or the Sponsor (as the case may be) without first consulting with the Company with respect to the same.
  7. REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
    1. Each party hereby represents and warrants to the other party that:
      1. The execution, acceptance and delivery of this T&C and the performance of its/his/her obligations hereunder, shall not (i) conflict with or result in the breach of the terms of any other contract or commitment to which it/he/she is a party or by which it/he/she is bound, (ii) conflict with or require any consent or approval under any judgment, order, writ, decree, permit or license to which it/he/she is a party or by which it/he/she is bound or (iii) require the consent or approval of any other party to any contract, instrument or commitment to which it/he/she is a party or by which it/he/she is bound;
      2. There are no actions, suits or proceedings existing, pending or, to its/his/her knowledge, threatened against or affecting it/him/her before any Government Authority that affect the validity or enforceability of this T&C or that would affect its/his/her ability to perform its/his/her obligations hereunder;
      3. The obligations under this T&C are legal and valid and binding on it/him/her and enforceable against it/him/her in accordance with the terms hereof; and
      4. It/ he/ she has the competency and the authority to enter into/ accept this T&C.

The Company makes no warranties of any kind, expressed or implied, regarding the functionality of any hardware or software used in providing the Services or pertaining to the Services, but instead relies on the warranties provided by the third party manufacturer of each product (whether hardware or software). Further, the Company does not make, and hereby expressly disclaims, any and all express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice.

  1. Limitation of Liability

In no event shall the Company be liable to the Elder, the Sponsor, Local Guardian, the Sponsor’s siblings who will be receiving notifications, the Nominees or any third party, for any loss of profits, loss of business, or indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to the provision of Services hereunder. Further, the Company’s liability to the Elder or the Sponsor (as the case may be) shall in no event exceed the total amount paid by Elder or the Sponsor (as the case maybe) to the Company pursuant to this T&C for the Services rendered during the immediately preceding 12 (twelve) months.

  1. CONFIDENTIALITY
    1. The parties acknowledge and agree that any Confidential Information disclosed under this T&C is strictly private and confidential and is received by each of the parties under a duty of confidentiality and strictly for the purposes of the Services.
    2. The parties agree that they shall hold the Confidential Information in confidence using the same degree of care and diligence as it normally exercises to protect its own proprietary information and shall (a) limit disclosure of Confidential Information on a need to know basis to only those of its employees, contractors and professional advisers who, in each case, are directly concerned with the Services (“Permitted Third Parties”); provided that by doing so, the parties agree to bind Permitted Third Parties to terms at least as restrictive as those stated herein, advise Permitted Third Parties of their obligations.
    3. The Parties acknowledge and agree that they themselves and the Permitted Third Parties:
      1. shall not disclose the Confidential Information to any person, unless otherwise expressly permitted under this T&C;
      2. shall not copy, reproduce or distribute in any form whatsoever, in whole or in part, any Confidential Information without the other party’s prior written consent, except for the purposes contemplated herein;
      3. shall keep the Confidential Information secure and protected against theft and unauthorized access.
    4. The obligation of the parties to not disclose Confidential Information shall not apply to Confidential Information, which is or becomes public knowledge through no fault of the parties hereto as well as Confidential Information, which the parties hereto might be required to disclose under Applicable Law or by order of any Government Authority. In such an event the disclosing party shall intimate the other party prior to making such disclosure.
    5. The Company, however, may use services of partners and associates, and hence rely on the privacy norms followed by such partners and associates, for specific purposes like enabling geographic tracking, measurement and storage of personal information, electronic medical records for delivering services like MARS and/ or getting the Elder admitted to a hospital or getting an Elder checked by a registered medical practitioner etc. for which the Company may have to share Confidential Information of an Elder with such partners and associates. The Elder hereby grants specific and permanent consent to the Company for sharing certain personal information of the Elder including his/her medical health records and other health related data (hereinafter “Elder Data”) with such partners and associates.
    6. Subject to Paragraphs 1 to 9.5 above, in the event any party hereto wants to disclose any Confidential Information to any third party, it shall take prior written consent of the other party and shall make only such disclosures as are specifically allowed by the other party.
    7. Notwithstanding anything stated herein, the Elder and the Sponsor (as and when applicable), jointly and severally:
      1. Acknowledge and agree that in the course of providing the Services, the Company may use Elder Data for the purposes of its own research and analysis. Provided that the Company shall at all times treat such personal information of the Elder as confidential and shall comply with the provisions of this Paragraph 9 in respect of such Elder Data; and
      2. Hereby grant to the Company, express consent to disclose such Elder Data as is required to be disclosed by the Company to fulfill its obligations hereunder, on a need to know basis, as the Company may at its sole discretion deem fit.
    8. TERM AND TERMINATION
      1. Either party may terminate the provision of Services hereunder, by giving prior notice via email of 30 (thirty) days to the other party.
      2. In the event that the elder or the Sponsor (as the case may be) fails to pay the Subscription Cost within the prescribed timelines of the payment plan chosen by him, the following shall automatically ensue:
        1. If the Elder’s membership is for a period exceeding 6 (six) months, the Elder or the Sponsor (as the case may be) shall get a grace period of 15 (fifteen) calendar days to honour and pay the Subscription Cost. If the Subscription Cost remains unpaid after expiry of this period, the Services shall be deemed to have been cancelled by such Elder or Sponsor (as the case may be); or
        2. If the Elder’s membership is for a period not exceeding 6 (six) months, the Services shall be deemed to have been cancelled automatically.
      3. On expiry of the Term or earlier termination of Services hereof: 
        1. The Company shall within 30 (thirty) days of such termination/ expiry, submit its final invoice to the Elder or the Sponsor (as the case may be) setting out the total amounts due and outstanding to the Company pursuant to this T&C which shall be settled in accordance with the mechanism provided in Paragraph 4 above;
        2. The Elder shall, and the Sponsor shall ensure that the Elder shall (if applicable), forthwith return all applications, documents and all other property of the Company, provided by the Company to the Elder during the Term, as the Company may request; and
        3. All the respective obligations of the parties hereto shall cease as of the date specified in the notice of termination or on the date of actual termination of Services by the Company, whichever is earlier (except for those obligations which, by their terms, survive the expiration or termination hereof).
      4. The termination/cancellation of Services hereunder shall be without prejudice to any other rights or remedies of the parties whether under law or in equity or under this T&C.
    9. MISCELLANEOUS
      1. Neither party shall (and shall not encourage or facilitate any Person to) do anything in connection with this T&C which may infringe the Intellectual Property Rights of the other party or any third party. Notwithstanding the above, by posting messages, uploading files, inputting data, or engaging in any form of communication with the Company through any medium, the Elder and the Sponsor (as the case may be) are hereby granting the Company an unrestricted license to use, copy, modify, amend, adapt or document in any form any communications, information or any underlying work in which the Elder and/or the Sponsor may possess Intellectual Proprietary Rights. All the Elders and the Sponsors, as users of the system are therefore deemed to have disclaimed or waived all Intellectual Proprietary Rights in their messages or files, even if they contain copyright notices. The Elder and the Sponsor shall have absolutely no recourse against the Company as the system provider for any alleged or actual infringement of any Intellectual Proprietary Rights to which they may claim ownership. The use of the Company’s system by the Elder and/or the Sponsor affords him/her access to many of the features of the Company’s system, but the Company’s system remains the Intellectual Proprietary of the Company. The Company or its suppliers own the Intellectual Proprietary Rights to any and all protectable components of its system, including but not limited to the website, computer software, the related documentation, the end-user interfaces, the name of the Company’s system, many of the individual features, and the collective works consisting of sequences of all public messages on the Company’s system. Neither the Elder nor the Sponsor may reproduce any sequence of messages from the Company’s system, either electronically or in print, without the Company’s written permission. In addition, neither the Elder nor the Sponsor may copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that the Company or its suppliers own.
      2. Upon the occurrence of a Force Majeure event preventing either party from performing its respective obligations hereunder, the affected party’s obligation to perform such obligations shall be suspended during the period affected by such Force Majeure event. The party suffering such Force Majeure event shall promptly notify the other party in writing and if the period of suspension of obligations lasts for longer than 3 (three) months, then the affected party may decide at any time thereafter to terminate all or any part of the Services in accordance with the provisions hereof.
      3. All notices and other communications pursuant to this T&C shall be in writing and shall be deemed to be given if emailed to the parties at the e-mail addresses set forth below or to such other e-mail address as the party to whom notice is to be given may have furnished to the other parties hereto in writing in accordance herewith. Any such notice or communication shall be deemed to have been delivered and received by email, on the date sent if confirmation of receipt is received.

In the case of notice to the Company: Elder Care customer services: E mail: care@eldercare.international

In the case of notice to the Elder or the Sponsor: At such email address as mentioned in the Customer Form submitted by the Elder or the Sponsor (as the case maybe); or at such other e-mail address as the party to whom such notices, requests, demands or other communication is to be given shall have last notified the party giving the same in the manner provided in this Paragraph 11.3,  but no such change of e-mail address shall be deemed to have been given until it is actually received by the party sought to be charged with the knowledge of its contents.

For the avoidance of doubt, it is hereby clarified that any notice under this T&C shall only be given by e-mail and any notices sent via any other means shall not be considered valid or liable to be acted upon.

  1. The Elder and/or the Sponsor shall not be entitled to assign, delegate or transfer all or any of itsrights and responsibilities hereunder, save and except with the prior written consent of the Company. Notwithstanding anything stated herein, the Company may assign its interest or delegate or transfer all or any of its rights and responsibilities hereunder to any other entity as it may deem fit without prior consent of the Elder and/ or the Sponsor (as the case may be).
  2. Unless otherwise agreed by the parties and save as otherwise provided herein, the rights and obligations of the parties in respect of Paragraphs 1 (Definition and Interpretation), 8 (Representations and Warranties and Limitation of Liability), 9 (Confidentiality) and 11 (Miscellaneous) as are applicable or relevant thereto, shall continue to have effect notwithstanding the expiration of the Term or termination/cancellation of Services pursuant to this T&C.
  3. No failure or delay by any party in exercising any claim, power, right or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof or of any other power, right or privilege. Any remedy or right conferred on a party for breach of any terms or conditions of this T&C shall be in addition to and without prejudice to all other rights and remedies available to it.
  4. This T&C, together with the Customer Form and the nomination form constitutes the entire understanding between the parties and supersedes any previous written or oral agreements, understandings, negotiations and discussions between the parties in relation to the matters dealt with in this T&C, Customer Form and/ or the nomination form.
  5. If any terms and conditions of this T&C is determined to be invalid or unenforceable, the remaining terms and conditions of this T&C shall nevertheless remain in place, effective and enforceable by and against the parties hereto and the invalid, illegal or unenforceable provision shall be deemed to be superseded and replaced by a valid, legal and enforceable provision which the parties mutually agree to serve the desired economic and legal purpose of the original provision as closely as possible.
  6. Each party shall be responsible for bearing its own costs and expenses.
  7. The parties shall use their reasonable commercial efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary or desirable under Applicable Laws and regulations to consummate or implement expeditiously the transactions contemplated by, and the agreements and understanding contained in this T&C.
  8. All rights and remedies of the parties hereto shall be in addition to all other legal rights and remedies belonging to such parties and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid and it is hereby expressly agreed and declared by and between the parties hereto, that the determination of this T&C for any cause whatsoever shall be without prejudice to any and all rights and claims of any party hereto, which shall or may have accrued prior thereto.
  9. The parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. The provision of Services hereunder will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.
  10. This T&C may be delivered via facsimile, electronic mail or PDF copy, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

SCHEDULE I

REFUND PERCENTAGE

Subscription Plan

Service usage

Refund % after lock-in period

Monthly

< = 15 days

0%

> 15 days

0%

Quarterly

< = 15 days

75%

16 to 30 days

60%

31 to 60 days

25%

> 60 days

0%

Half Yearly

< = 15 days

75%

16 to 45 days

60%

46 to 90 days

45%

91 to 150 days

15%

> 150 days

0%

Annual

<= 30 days

75%

31 to 90 days

60%

91 to 180 days

45%

181 to 270 days

15%

> 270 days

0%