Emoha App (“App”): All Users / Members who have not subscribed to any of Emoha Services (“Users”), shall be subject to the EULA, Disclaimer and Privacy Policy as listed on the App. All Users hereby give consent to Emoha to use their registered phone number for receiving “Whatsapp Communications”. It authorizes Emoha to send one-way messages using WhatsApp to the registered number in the nature of information, alerts, updates, transaction alerts in relation to the Customer’s Account, and such other communications from time to time, at its discretion. Users may choose to discontinue receiving such alerts by replying “stop” to the messages. It also authorizes to use their testimonials, pictures and videos as on social media, brochures, website or any other collateral for marketing purposes.

For Paid Members

The member (“Member”) who has subscribed to any of the paid Membership Services offered by Ignoxlabs Pvt. Ltd. (“herein referred to as Emoha/We/Us/Our”) agrees and undertakes, that the membership is subject to compliance of the following T&C. The term “Services” mentioned hereunder shall unless it is expressly stated otherwise, includes services forming part of all “Membership Plan/s” offered by Us.

1. Terms

The Member may choose a Membership Plan for the duration specified at the time of payment. The Membership Plan begins on the Service Activation Date and continues for the selected period or renewed term. If the Member chooses to renew Services beyond the initial Term, Emoha will review required Services and communicate the Membership Fee to the Member or to the Next of Kin (“NOK”), a relative of the Member authorized to make decisions on their behalf who is of sound mind and above 18 years of age. Upon confirmation and payment, the membership shall stand renewed.

2. SERVICES

a) Emoha's Services are subject to the T&C and require the Member to provide registration details either through the App or to their Emoha Daughter. The Membership Plans can be availed by either one or two elders (The Member and his/ her spouse), and the Services provided will be those identified and mentioned at the time of registration.

b) The Service Initiation Date for the Membership Plan availed by the Member will be within 48 hours of the payment date, during which an Emoha team member will call the Member to confirm relevant details of the elder. The Services will be activated on the Service Activation Date, which is the date on which relevant details for the provision of Services are confirmed by Emoha, and the Member will receive written confirmation of the activation.

c) Emoha reserves the right to suspend the 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 unconditionally and explicitly accepts and acknowledges all terms of the T&C. If the Member is of unsound mind or medically unfit to understand the T&C, then all obligations and responsibilities will be deemed to be the responsibilities of their NOK. Emoha assumes that the Nok is legally empowered to engage in shared decision-making on behalf of the Member for healthcare and other matters.

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

f) The Member affirms that the Services will be delivered at their residential address, as per the information furnished in the Membership Form or during online registration, and within the designated Home Zone.

g) If the Member intends to avail Services outside the Home Zone while traveling to a different location (“Destination Zone”), they must notify us at least 48 (Forty-Eight) hours before. We will inform the Member if Services can be provided at the Destination Zone.

h) The provision of Services in the Destination Zone is subject to our confirmation and availability. We shall not be held liable for any Services that cannot be provided in the Destination Zone.

i) The Member acknowledges that granting access to their house is necessary for rendering the Services as detailed in the Membership Plans offered by Us. Our team member(s) or personnel require unobstructed access to the Member's house when called upon by the Member or as required for the Services. If access to the house is locked or inaccessible, we reserve the right to forcefully enter and provide Services without being held responsible for any delay or inability to render Services. Any damage caused due to forceful entry shall be borne by the Member. The Member is recommended to install a locking system recommended by us at the main entrance for emergency access by our team member(s) into the house. We shall perform the Services using reasonable skill, care and as per standard industry practices and/or applicable laws.

3. APP/CALL OR SENSOR BASED EMERGENCY COORDINATION SERVICE (SBECS)

a) The emergency coordination service under the Membership Plans are app based or call-based service or sensor-based services. For App based emergency coordination service - i. The Member shall download the App in his/her mobile and use the App or call Us in case of emergencies. ii. We reserve the right to modify and update the app from time to time and the Member are advised to regularly check for update / discounts to enjoy all features of the App.
For call-based emergency coordination service – The Member may also avail emergency coordination service forming part of the Service plan availed by such Member, by calling at the 24/7 Toll Free Emergency Co-ordination Number listed on 1800-123-445-555. It is the duty of the Member and/or their NOK to ensure the Member has the Emoha Toll Free number saved in their phone(s).
For sensor based emergency coordination service – For members whose plan includes sensors like panic buttons, Emoha may arrange sensors at the address of Member duly provided by the third party after due consent of Members, post consent of Members these sensors may be configured with Emoha’s backend system, however, Emoha shall have no liability for successful functioning of the same.: In the event the Member chooses to use any third-party sensor or utilize their existing installed sensors, We shall neither be responsible nor liable towards any defects, after sale services, technical glitches and/or non-functioning of such third-party sensors. Further, if as a result of any of the aforementioned We are unable to effectively provide Services to the Members, We shall not be held liable in any manner whatsoever and, in this respect the Member consequently disclaims all liabilities qua Us. b) Our Emergency Coordination Services, whether requested through App, call or sensors is subject to successful operations of intermediate telecom operators for relaying signals between the Member’s home and Us.

4. MEMBERSHIP FEE

a) Member pays Membership Fee in advance for Services specified at the time of purchase.
b) We accept payments communicated during sign-up or from time to time. Member is responsible for informing of changes to payment information and any consequences of declined payments.
c) Member confirms and acknowledges that the Membership Fee and all other amounts, expenses, and charges payable to Us are fair and reasonable and are the essence of this arrangement. It is further acknowledged that where any costs, charges or expenses are incurred by Us/Our team member in rendering the Services, then same shall be paid/reimbursed to Us by the Member within 7 (Seven) days from raising the invoice.
d) Different or additional services will be charged at prevailing rates with applicable terms and conditions.
e) For Enterprise Member, the membership fee shall be directly charged from the respective enterprise. All the taxes pertaining to enterprise membership shall be borne by respective enterprise. Enterprise Member may be entitled for extra services beyond the scope of Membership Plan on request subject to payment and availability.

5. TAXES

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

6. MEMBER’S RESPONSIBILITY

The member using the services does so at their own risk, free will and has the sole responsibility to provide accurate and complete information. It is their duty to provide complete medical history and updated reports to make available services. We will not be responsible for authentication of medical records, nor will we verify the medical records. We shall be entitled to maintain digital records of Member’s clinical history.

The Member agrees to abide by and follow all instructions placed or provided by Us from time to time in respect of use/availing the Services. Safety and security of our team member(s)/Nurses/Attendants rendering services are on the Members at their house. Our Services are subject to appropriate weather, city civic conditions, Force Majeure conditions including but not limited to riots, lockdown, pandemic, curfew, war, terrorist acts, or any external circumstances which are not under Our control. The Member shall be responsible for the safekeeping and safety of Members personal property, goods, and belongings, including but not limited to money, jewellery, dentures, or hearing aids. Apart from the responsibilities stated above, the Member availing the Home Care Services agrees and acknowledges to fulfill other responsibilities. The Member shall ensure that sufficient food, clean drinking water, a clean and safe place to sleep, access to a functional washroom with toilet and bath facilities and other basic necessities are provided to Attendants/Nurses staying at the house. The Member must complete police verification of the Attendants/Nurses with the local police station as a precautionary measure. The Member will be responsible for supplying all supplies (i.e. cleaning, personal care, etc.) and equipment necessary in the provisioning of the Services. Attendants are not authorized to administer any kind of medications. The Member shall inform Us/Our team/Attendants/Nurses if the Member or any person who might be staying at the house of the Member is suffering from any communicable disease. The Member also agrees and acknowledges to indemnify and hold Us/Our team/Attendants/Nurses harmless against any loss, liability, or damage caused due to wilful neglect or negligence in intimating Us/Our team members/Attendants/Nurses about the aforementioned.

The Member or NOK(s), family members, or any person who might be visiting the house of the Member shall not misbehave, threaten, physically man-handle, or detain any Emoha team member against their wishes. If such a situation arises, the Member will be responsible for any contingencies/harm caused to the Emoha team member directly or indirectly due to the acts or omission on the part of the Member.

No Member shall, by words or actions, cause harm to any of the Emoha team members, including but not limited to mental, emotional, or physical harm. Members shall not engage in any activity that could lead to theft or damage to Emoha's property, or any other illegal activity. Members shall comply with all laws and regulations related to the use of the Services.

The Member acknowledges that Emoha shall not be held liable for any kind of loss or damage, including but not limited to loss of profits, revenue, or data, arising from the use of any Services or the inability to use the Services. These terms and conditions shall be governed by and construed in accordance with the laws of India. The Member agrees not to circumvent and hire or poach Emoha team member, or partner or vendor introduced by Emoha during the tenure of the membership and 12 (twelve) months after the expiry of the tenure.

7. REPRESENTATION AND COVENANTS OF MEMBER

The Member/NOK(s) hereby represents and warrants that: a) It has all requisite legal power and authority to enter into and abide by the terms and conditions as enumerated under these T&C; b) All the information, records, reports including medical records provided by Member or on his/her behalf are true and accurate and We may rely on the same for the purposes of rendering the Services as mentioned in clause 6 of this T&C. c) the Member’s personal information disclosed to Us, shall be used for the purpose of providing Services on the App. and, shall be collected, used, stored and shared in accordance with the terms of the privacy policy of the App. Further, it shall be noted that all the calls made from Emoha shall be recorded for the safety purpose of the Member. In the event the Member or Member’s representative wish to withdraw the consent at any time here after, the Member or Member’s Representative may ask for the data/information to be removed from the App., by submitting a request in this regard with Us at eldersfirst@emoha.com. On requisition, We shall remove such information at the earliest possible. However, the Member or NOK accepts and acknowledges that in the event such consent is refused, or withdrawn, We retain the right to either not provide or withdraw the Services for which the said information was sought. It is further accepted and acknowledged that the inability to provide the Services in such event shall not amount to default or breach on Our part and We shall not be liable for any damages monetary or otherwise. d) The rights, benefits, privileges and obligations of the Member are personal and non-transferrable. e) In case of emergency qua the Member, We reserve the right to take such steps as We may deem fit and necessary and Member or NOK shall provide full co-operation in respect of the same; and f) that We act as repository of Members medical records, in this regard, the Member hereby expressly, unequivocally and unconditionally consents and agrees that such data and information can be used/shared by Us in case of emergencies and/or for marketing purposes, research or survey purposes (if consented under the Membership Form/ at the time of registration on the App). No royalties, fees or charges will be payable to the Member for the same.

8. INDEPENDENT BUSINESSES OWN FRANCHISEES

While Emoha solely operates and controls the App and the online services, certain franchisees of Emoha (“Franchisee”) provide certain services in different territories of India (“Franchisee Services”). Each Franchisee is solely and independently responsible for its legal and regulatory compliance and for any employment related matters in the Franchisee. When a Member uses the Franchisee Services, the contract for the Franchisee Services will be between the Member and the Franchisee. The Member further understands and agrees that they are purchasing the Franchisee Services directly from the Franchisees (and not Emoha or any other Members of the Emoha System, as defined below) and that neither Emoha nor any other Members of the Emoha System have any responsibility arising out of or related to any Franchisee Services. For any acts of omission or commission done by the Franchisee and its affiliates and/or any other appointed third parties, Emoha will not be responsible in any manner whatsoever. Emoha, its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the Emoha System”.

9. ACKNOWLEDGEMENT AND COVENANTS OF MEMBER QUA THIRD PARTY SERVICES

The Member voluntarily consents to and authorizes the rendering of elder care services, including routine services, diagnostic procedures, check-up, medications, laboratory services, nurse & attendant’s services and other services, including the use or potential use of restraint, which an attending physician or others holding clinical and non-clinical privileges consider necessary in person or telehealth. The Member understands that the practice of elder care services is not an exact science and they acknowledge that no promises or guarantees have been made to them regarding any Services rendered by Emoha.

10. TERMINATION AND EXPIRY TERMINATION BY US

a) We may terminate the membership at any time, with or without cause, by giving 7 (Seven) days advance written notice to the Member. We may withhold Services and/or terminate the membership by giving 7 (Seven) days prior written notice to the Member upon breach/default by the Member of these T&C and/or any rules, regulations and instructions intimated to the Member from time to time and failure of the Member to rectify the same within the given timeline.

b) Notwithstanding anything contained in (a) above, We shall have the right to terminate the membership immediately upon notice to the Member: i. at any time if the Member is found in breach of clause 6 in whole. ii. at any point, before or after the Member has accessed the Services, upon finding about any misrepresentation or omission made by the Member while providing information specifically with regard to Medical history or resources of the Member. c) We reserve the right to not render Services, upon finding that We/Our team members /Attendants/Nurses will not be able to take the Member’s care owing to Member’s medical condition including if the Member or any person residing at his house are suffering from a communicable disease including COVID-19 (which was not disclosed to Us earlier or which condition happened/occurred at a later stage).

11. TERMINATION BY A MEMBER

A Member may choose to terminate the Membership Plan at any time. In case of termination of a prepaid annual Membership Plan, Emoha shall retain the Membership Fee amount for that particular quarter of the year, and be issued a refund of the balance payment subject to deductions (if any). In case of termination of a Membership Plan wherein the Member has opted to make prepaid quarterly payments, no refunds shall be issued.

12. 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.

13. CONSEQUENCES OF CESSATION OR TERMINATION OR DISCONTINUANCE

We shall not be liable to render any Services post termination, cessation or expiry of the membership. Upon termination, cessation or discontinuance of the Services, We shall be entitled to disconnect Our emergency system from the sensor installed at Member’s house or app installed by the Member and/or render other Services as mentioned herein. Any of censor(s)/device(s) provided by Emoha as a part of subscription plan on lease shall be taken back upon cessation or termination of the services.

14. OUR RELATIONSHIP WITH THE MEMBER

a) We will provide the Services to the Member as an independent service provider and it shall never be construed as Principal-Agent relationship.
b) The Member shall have no right, power or authority to assume/bind /create any obligation on behalf of or in Our name or Our team member’s name, in any manner whatsoever.
c) The Member agrees and acknowledges that We reserve the right of admission of the Member and/or cancellation of membership of the Member, at Our sole discretion, for any reason whatsoever.
d) The Member shall ensure that the NOK representative or emergency contact person (as specified and shared in the Membership Form or at the time of online registration) shall not transfer or otherwise assign his/her duties and obligations qua the Member and this membership, without prior written intimation.

15. ENTERPRISE COVERAGE

We hereby confirm that all terms and conditions stated above regarding the membership/products outlined in the preceding section shall remain unchanged. This declaration is applicable regardless of the sales channel through which the product is acquired. The term "channel" encompasses all methods of product distribution, including but not limited to direct sales by the company, sales conducted through affiliated entities (such as the Enterprise channel, Broker, or other specialized offers from third-party companies). Please be assured that irrespective of the sales channel utilized, the terms and conditions specified above shall remain fully enforceable.

16. INDEMNITY

The Member agrees and undertakes to indemnify Emoha and its affiliate’s from and against any and all claims, including third party claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of the T&C and/or any breach of law in any material respect, by the Member or Nok or family members.

17. 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.

18. JURISDICTION AND GOVERNING LAW

The Courts at Gurugram, Haryana shall have jurisdiction over the disputes relating to the membership, Membership Form, and these T&C.

19. MODIFICATION OF THE TERMS AND CONDITIONS

We reserve the right to update/amend the terms and conditions and same will be notified to Member over Emoha App. Emoha shall deem the T&C as an unequivocal and unconditional acceptance of such modifications if no objection/s is raised within 3 (Three) days of display of the updated terms and conditions.

20. SEVERABILITY

If any provision of these T&C (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions shall remain in full force and effect.

21. FORCE MAJEURE

We shall not be liable, in any manner whatsoever, for any breach/default of the Services caused by circumstances beyond Our control including without limiting to any acts of God, pandemic, strike, orders of authorities etc. Further, in case of a force majeure event, if We are unable to render any part of the Services, the same shall not be considered breach or default on Our part.

22. WELCOME KIT, MEMBERSHIP FORM AND T&C

It is hereby clarified that the Welcome Kit, online Registration Forms and these T&C comprise of information, terms and conditions for accessing and using the Services and the specific commercials, details and understanding relating to the Services, Membership Fees, payments terms, Member details, term, complimentary and additional services etc. The T&C shall form part of the Membership, Registration Form or invoice and shall be read in conformity with the same.

23. SURVIVAL

Neither the expiration nor termination of the Services shall affect such provisions of these T&C that by their very nature must survive such expiration or termination or which out of necessity must continue to have effect after such expiration or termination.