These terms and conditions (“Terms”) constitute a binding and enforceable legal contract between Ignoxlabs Private Limited, a company incorporated under the Companies Act, 2013 with its registered address at 216, Ocus Quantum Mall, Ocus Quantum Internal Road, Sector 51, Gurugram-122003 (“Emoha”, “We”, “Us”, or “Our”) and you, a user of the Services, (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services provided by Us, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.

1. DEFINITIONS:

(i) “Carer” is either a nurse or attendant providing caregiving services at home to the Elder.
(ii) “Customer” is the payer of the Services offered by Emoha.
(iii) “Elder” is a person of the age of 55 (fifty-five) years and above and who is the end-beneficiary/ user of the Services.
(iv) “Emoha” is inter alia, engaged in the business of providing tech-enabled services through a subscription product to help seniors age in place, that caters to clinical care such as home healthcare, day-care facilities, memory care and non-clinical care such as social clubs and catering to daily needs of senior citizens at their homes.
(v) “Emoha App” is the application created and designed by Emoha for providing emergency, help-desk and entertainment services to the elders.
(vi) “Emoha Partner" is authorized by Emoha to represent the brand and to serve elders locally following Emoha’s recommended protocols, SOPs, quality and technology in the location where the Elder is based.
(vii) “Homecare Services” are services provided by Emoha through Carers at home and includes delivery of medical equipment.
(viii) “Member” is an Elder for whose benefit the customized Membership Plans have been subscribed to.
(ix) “Membership Fee” is the Fee paid for the customized Membership Plans.
(x) “Membership Plans” are the plans offered by Emoha for Elders for disease management etc.
(xi) “Next of Kin” or “NoK” is a close relative of the Elder who is an adult, of sound mind and who would take all health-related decisions on behalf of the Elder where Elder is disabled or unfit to make such decisions or provide consent.
(xii) “Services” includes services forming part of all Membership Plans, Value Added Services and Homecare services offered by Emoha directly or through the Emoha Partner.
(xiii) “Service Fee” is the fee charged to the Customer for the Services provided.
(xiv) “Value Added Services” or “VAS” are the additional services provided by Emoha apart from the Membership Plans like delivery of medicines, etc.

2. TERM:

The Customer may choose Services for the duration specified at the time of payment. The Services begin on the Service Activation Date and continues for the selected period or renewed term. If the Customer chooses to renew the Services beyond the initial Term, We will review required Services and communicate the Service Fee to the Customer or to the NoK. Upon confirmation and payment, the membership shall stand renewed.

3. SERVICES

(i) Emoha's Services are subject to these Terms and require the Customer to provide registration details either through the Emoha App or to their Emoha Daughter.
(ii) The Service Initiation Date for the Services availed will be within 48 hours of the payment date, during which an Emoha team member will call the Customer 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 Customer will receive written confirmation of the activation.
(iii) Emoha reserves the right to suspend the Services at any time if there is a breach of these Terms by the Elder, their NoK, or any family members.
(iv) You unconditionally and explicitly accept and acknowledge these Terms. If the Elder is of unsound mind or medically unfit to understand these Terms, 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 Elder for healthcare and other matters.
(v) You acknowledge that the Services of the Membership Plan 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”).
(vi) The Services will be delivered at the residential address of the Elder, as per the information furnished in the Membership Form or during online registration, and within the designated Home Zone.
(vii) If the Elder 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 you if Services can be provided at the Destination Zone.
(viii) 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.

4. ACCESS:

You acknowledge that granting access to Elder’s house is necessary for rendering the Services offered by Us. Our team member(s) or personnel require unobstructed access to the Elder's house when called upon 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 you. The Elder 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.

5. SERVICE FEE:

(i) We accept payments communicated during sign-up or from time to time. Customer is responsible for informing of changes to payment information and any consequences of declined payments.
(ii) The Customer confirms and acknowledges that the Service 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.
(iii) Different or additional services will be charged at prevailing rates with applicable terms and conditions.
(iv) Membership Fee is paid in advance for Services specified at the time of purchase.
(v) 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.

6. TAXES:

You are responsible for paying all current and future local and Government taxes on the Services, 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.

7. APP/CALL OR SENSOR BASED EMERGENCY COORDINATION SERVICE:

(i) The emergency coordination service are app based or call-based service or sensor-based services. For App based emergency coordination service – (a) You shall download the App in your mobile and use the App or call Us in case of emergencies. (b) We reserve the right to modify and update the app from time to time and you are advised to regularly check for update / discounts to enjoy all features of the App.
For call-based emergency coordination service –You may also avail emergency coordination service forming part of the Service plan, by calling at the 24/7 Toll Free Emergency Co-ordination Number listed on 1800-123-445-555. It is your duty to ensure the Elder has the Emoha Toll Free number saved in Elder’s phone(s).
For sensor based emergency coordination service – For members whose plan includes sensors like panic buttons, We may arrange sensors at the home of the Elder duly provided by the third party after due consent of the Elder/NoK, .Post consent 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 you choose 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 Elder, We shall not be held liable in any manner whatsoever and, in this respect you consequently disclaim all liabilities qua Us.
(ii) 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 Elder’s home and Us.

8. CUSTOMER’S RESPONSIBILITY:

(i) You are using the services at your own risk, free will and have the sole responsibility to provide accurate and complete information. It is your 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 the Elder’s clinical history.
(ii) You agree 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)/Carers rendering services at the Elder’s house is on you.
(iii) 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.
(iv) You shall not, by words or actions, cause harm to any of the Emoha team members, including but not limited to mental, emotional, or physical harm. You shall not engage in any activity that could lead to damage to Emoha's property, or any other illegal activity.
(v) You shall comply with all laws and regulations related to the use of the Services.
(vi) The Member or NOK(s), family members, or any person who might be visiting the house of the Elder shall not misbehave, threaten, physically man-handle, or detain any Emoha team member against their wishes. If such a situation arises, you will be responsible for any contingencies/harm caused to the Emoha team member directly or indirectly due to any acts or omission.
(vii) You shall be responsible for the safekeeping and safety of the personal property, goods, and belongings, including but not limited to money, jewellery, dentures, or hearing aids at the Elder’s house.
(viii) Carers: You confirm that for any Carers recommended by Us, you shall proceed for deployment of the Carer after reviewing the KYC, educational, professional documentation, and police verification of the Carer to your full satisfaction and only post satisfaction you shall instruct Us to deploy the said Carer. The choice of the Carer will be solely your decision, and We shall facilitate the execution of this decision. You confirm and understand that the Carer is from individual / third parties and not from Emoha. Further that in case there is a gap in service quality, or expectations as adjudged by you, the said concern must be brought to Our notice on the official communication for quality, training and record keeping. You also confirm and understand that Emoha represents the Elder’s needs, and will on best effort basis, verify the documentation of the Carer.
(ix) Homecare Services: Apart from the responsibilities stated above, the Customer availing the Homecare Services agrees and acknowledges to fulfill other responsibilities: (a) The Customer 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 the Carers. (b) The Customer must complete police verification of the Carers with the local police station as a precautionary measure. (c) The Member will be responsible for supplying all supplies (i.e. cleaning, personal care, etc.) and equipment necessary in the provisioning of the Services. (d) The Customer agrees and understands that attendants are not authorized to administer any kind of medications. The Customer acknowledges the risks linked to the choice of carer and equipment and provides their consent for any mismatch in the carer or equipment required for optimal care. (e) It shall be your duty to inform Us/Our team/Carers if the Elder or any person who might be staying at the house of the Elder is suffering from any communicable disease. You agree and acknowledge to indemnify and hold Us/Our team/Carers 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. (f) You will not hold Us responsible should there be a breach of service or quality of care by the Carer and will seek Our assistance towards rectification / training of the Carer (g) The Customer agrees not to circumvent and hire or poach Emoha team member, or partner or vendor introduced by Emoha during the tenure of the Services and 12 (twelve) months after the expiry of the tenure.

9. REPRESENTATION AND COVENANTS OF CUSTOMER:

You hereby represent and warrant that: a) You have all requisite legal power and authority to enter into and abide by the terms and conditions as enumerated under these Terms; b) All the information, records, reports including medical records provided by you are true and accurate and We may rely on the same for the purposes of rendering the Services. c) the Elder’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 Elder. In the event the Elder or the NoK wish to withdraw the consent at any time here after, you 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, you accept and acknowledge 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 Customer and Elder are personal and non-transferrable. e)In case of emergency qua the Elder, We reserve the right to take such steps as We may deem fit and necessary and you shall provide full co-operation in respect of the same; and f) that We act as repository of Members medical records, in this regard, you hereby expressly, unequivocally and unconditionally consent and agree 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 or at the time of registration on the Emoha App).

10. EMOHA PARTNERS:

While Emoha solely operates and controls the App, emergency, helpdesk and the online services, the Emoha Partners are authorized to represent the brand in different territories of India. Each Emoha Partner is solely and independently responsible for its legal and regulatory compliance and for any employment related matters. When you use the Services from an Emoha Partner, the contract for the Services will be between you and the Emoha Partner. You further understand and agree that you are purchasing the Services directly from the Emoha Partner and not Emoha and that Emoha does not have any responsibility arising out of or related to any Services provided by the Emoha Partner. For any acts of omission or commission done by the Emoha Partner and its affiliates and/or any other appointed third parties, Emoha will not be responsible in any manner whatsoever.

11. ACKNOWLEDGEMENT AND COVENANTS QUA THIRD PARTY SERVICES:

You voluntarily consent to and authorize 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.

12. TERMINATION AND EXPIRY TERMINATION BY US:

a) We may terminate the Services at any time, with or without cause, by giving 7 (Seven) days advance written notice to you. We may withhold Services and/or terminate the Services by giving 7 (Seven) days prior written notice to you upon your breach/default of these Terms and/or any rules, regulations and instructions intimated to you from time to time and upon your failure to rectify the same within the given timeline.
b) Notwithstanding anything contained in (a) above, We shall have the right to terminate the Services immediately upon notice : i. at any time if you are found in breach of clause 6 in whole. ii. at any point, before or after the Services were accessed, upon finding about any misrepresentation or omission made by you while providing information specifically with regard to medical history or resources of the Elder.
c) We reserve the right to not render Services, upon finding that We/Carers will not be able to take the Elder’s care owing to the Elder’s medical condition including if the Elder 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 occurred at a later stage).

13. TERMINATION BY YOU:

You may choose to terminate the Services at any time by giving a prior written notice of 24 (twenty-four) hours to Us. In case of early termination of: (a) Homecare Services, all payments owing from the Customer shall become due and payable; no refunds shall be issued for any advance paid. (b) a prepaid annual Membership Plan, We shall retain the Membership Fee amount for that particular quarter of the year, and the Customer shall be issued a refund of the balance payment subject to deductions (if any). If the Member has opted to make prepaid quarterly payments, no refunds shall be issued. The Services shall terminate automatically upon death of the Elder. The Customer/NOK shall be charged the Service Fees and other charges (as applicable) till the period Services are provided.

14. CONSEQUENCES OF CESSATION OR TERMINATION OF SERVICES:

We shall not be liable to render any services post termination, cessation or expiry of the Services . Upon such termination, cessation or discontinuance of the Services, We shall be entitled to disconnect Our emergency system from the sensor installed at yours house 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.

15. OUR RELATIONSHIP WITH YOU:

a) We shall provide the Services to you as an independent service provider and it shall never be construed as a Principal-Agent relationship.
b) You 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) You agree and acknowledge that We reserve the right of admission and/or cancellation, at Our sole discretion, for any reason whatsoever.
d) You shall ensure that the NoK 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 Elder and the Services provided herein without prior written intimation.

16. ENTERPRISE COVERAGE:

We hereby confirm that these Terms shall be 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 Us, sales conducted through affiliated entities (such as the Enterprise channel, Broker, or other specialized offers from third-party companies). Irrespective of the sales channel utilized, these Terms shall remain fully enforceable.

17. INDEMNITY:

You agree and undertake to indemnify Emoha, Emoha Partner 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 Terms and/or any breach of law in any material respect, by the Member, Elder or NoK or any other family members.

18. LIMITATION OF LIABILITY:

You understand that we are committed to providing Services to you in good faith and will make every effort to ensure that the Services provided are safe, healthy, and suitable for the Elder’s needs. However, we cannot be held liable for infection, injury, death, any direct loss or damage including financial loss, or for any direct, indirect, consequential, or incidental damages or harm caused to you or the Elder and you hereby discharge us of and from all actions, causes of actions, suits, debts, obligations, claims and demands whatsoever. 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 and Carers. In the event of any liability, our responsibility to you or the Elder 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.

19. JURISDICTION AND GOVERNING LAW:

These Terms shall be governed by and construed and enforced in accordance with the laws of India. The courts in Gurugram, Haryana shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

20. MODIFICATION OF THE TERMS AND CONDITIONS:

We reserve the right to update/amend the terms and conditions and same will be notified to you over the Emoha App or otherwise.

21. SEVERABILITY:

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

22. 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.

23. WELCOME KIT, MEMBERSHIP FORM AND T&C:

It is hereby clarified that the Welcome Kit, online Registration Forms, guidelines and these Terms comprise of information, 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 Terms shall form part of the Membership, Registration Form or invoice and shall be read in conformity with the same.

24. EMOHA APP:

All Users who have not subscribed to any of the Services shall be subject to the EULA, Disclaimer and Privacy Policy as listed on the Emoha 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. You 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.