Terms and Conditions
Please read the following terms and conditions carefully as your use of services of this Website is subject to your acceptance of and compliance with the same (“Terms”).
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING /www.shalbyhomecare.org/ WITH IMMEDIATE EFFECT.
- “Buyer/s” shall mean Patient/Patients , Any one who is seeking for Home Healthcare service by recommendation of a registered medical practitioner , registered medical practitioners, purchase the Product/s from the Website (defined hereinafter).
- “ Home Care”, “we”, “us” and “our” shall mean Shalby Homecare, a Unit of Shalby Ltd, a company incorporated under the Companies Act 2013, having its registered office at Shalby Ltd (Shalby Multi-Speciality Hospitals Opposite Karnavati Club S.G. Ahmedabad - 380015, Gujarat, India.
- “Principal Representative” shall mean the authorized agent/ representative of the Product Manufacturer and/or Original Equipment Manufacturer in India
- “Product"" include Products and Services either jointly or seperately shall mean pharmaceutical products Trained Attendant Care, Doctor on Call, Physiotherapy, Pathology Sample Collection Pharmacy Delivery, Medical Equipment Installation & Monitoring including rental & purchase, Critical Care At Home Including ICU Setups, Elderly Care At Home with special care plans for Dimensia, Alzaimers, Chronic Ailments etc.. and much more"
- “Product Manufacturer” or “Original Equipment Manufacturer or OEM” shall mean the entity that manufactures the Products displayed for sale on the Website.
- “Website” shall mean the online platform available at the domain name www.shalbyhomecare.org
- “You” or “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website.
- Changes to the Website:
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
- About Us:
- This Website is an internet-based Home Care service providing the website for Shalby Ltd a company registered under the Companies Act, 2013.
- Use of the Website is offered to you conditional upon your acceptance of these Terms.By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website. If you do not agree with any amendments made by to these Terms at any time in the future, you must stop using the Website with immediate effect. Home Care is at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- Membership Eligibility:
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. Home Care reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Home Care's notice or if it is discovered that you are under the age of 18 years, an undischarged insolvent or otherwise incompetent to contract.
- The User shall also comply with all the applicable laws and notifications issued thereunder, including without limitations such notifications as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Drugs and Cosmetics Act, 1940 and rules made thereunder including the Medical Devices Rules, 2017.
- Service Terms & Conditions for Website
Nursing Care Services:
After choosing the Nursing Service and before proceeding for booking
- Shalby Nurse a Homecare Nursing Service provider is responsible to deliver all the nursing-related duties at patients home.
- Shalby Nurses are not liable to deliver any service other than nursing care.
- If required for Doctor Consultation, Physiotherapy, Assistance or attendant duties, we also offer Doctor, Physiotherapist & Health care Assistant Services respectively at home.
- The nurse’s security during services will be at the responsibility of the Customer.
- In case of Query, concern or feedback, kindly visit our Help Centre & Support section or write to us at email@example.com
At the time of Booking- order review:
- The security deposit shall be refunded by Shalby Homecare as per the Quality check report.
- Refunds will be transferred through NEFT in the patient or NOK account only.
- Refund will be credited in 30 working days after the end of service date.
- The patient is responsible for Medical Equipment Security at home.
- In case of Query, concern or feedback, kindly visit our Help Centre & Support section or write to us at firstname.lastname@example.org
After choosing the Attendant Service and before proceeding for booking
- Shalby Attendant is for Homecare Attendant, Service provider is responsible to deliver all the attendant-related duties at patient's home.
- Shalby Attendants are not liable to deliver any service other than Attendant care.
- Attendant’s security during services will be at the responsibility of the Customer.
- In case of Query, concern or feedback, kindly vi+A7 morning the health check-up.
- For any additional investigation, other than the scheduled ones, you need to inform the Phlebotomist at the time of his visit. Any additional tests if requested will be chargeable.
- In case you don’t wish to undergo some test/s which form part of the package, in the amount for the same will not be refunded.
- In case of Query, concern or feedback, kindly visit our Help centre & Support section or write to us at email@example.com
- All the Rights are reserved by Shalby Home Care, a Unit of Shalby Ltd to change/modify/update/postpone/cancel any or all the Terms and Conditions - Unconditionally "
- User Account, Password, and Security:
- In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.
- You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Home Care on /www.shalbyhomecare.org/ or https://homecare.shalby.org/ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You further agree to receive transactional SMSs and emails from us, with updates about your transactions.
- Services Offered:
- Nursing Care
Trained Attendant Care
Doctor on Call
Pathology Sample Collection
Medical Equipment Installation & Monitoring including rental & purchase
Critical Care At Home Including ICU Setups
Elderly Care At Home with special care plans for Dimensia, Alzaimers,
Chronic Ailments and much more
- User Conduct and Rules:
- The User shall at all times while accessing and/ or using the services of this Website abide by the following principles.
- The User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
- belongs to another person and to which the User does not have any right to;
- is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
- is misleading or harms minors in any way;
- is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides information violating someone's privacy, or provides or creates computer viruses;
- contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
- tries to gain unauthorized access or exceeds the scope of authorised access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- violates any law for the time being in force;
- deceives or misleads the addressee and/ or other Users about the origin of such messages or communicates, or contains any information which is grossly offensive or menacing in nature;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation.
- The User shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of Home Care and/ or interrupt or causes to interrupt the use of this Website by other Users.
- The User shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Home Careby sharing multiple address and phone numbers or transacting with malafide intentions.
- The User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- The User shall not pretend that User is, or that User represents, someone else, or impersonate any other individual or entity.
- The User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- The User shall not create liability for Home Care or cause Home Care to lose (in whole or in part) the services of the Home Care internet service provider ("ISPs") or other suppliers.
- The User shall at all times abide by the requirements of the Information Technology Act, 2000 and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this Website. The User hereby unequivocally declares that in case of violation of any of the provisions of the Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the User shall be solely responsible at his/ her own costs for all acts, deeds and things and the User shall be liable for any kind of civil or criminal liability there under.
- In the event of the User not complying with these requirements, Home Care shall have the right to immediately terminate the access or usage rights of the User to the Website and remove any non-compliant information.
- For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- User Warranty and Representation:
- The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User in connection with the Services rendered or Products sold by Home Care
- Exclusion of Liability Regarding Description of Products:
- Home Care does not guarantee that the Product delivered to the Buyer shall correspond exactly with the image displayed on the Website. All images of Products are purely for illustration and reference purposes. Home Care does not accept responsibility for differences between the image on the Website and the actual appearance of the Product. The quality of any Product, Service's, information, or other material purchased or obtained by you through the Website may not meet your expectations. Home Care does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Home Care does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website.
- You shall check and confirm the colour/model/version/expiry period and any other such particulars of the Products before placing the order. Home Care accepts no liability for any errors or omissions, whether on behalf of itself or associates.
- Alterations to certain aspects of your order in Service such as the Product brand, size, pack etc. may be required due to limitations caused by availability of Products. Any new Service or Product shall be ordered again through the Home Care Website.
- Home Care will not be liable to replace the Products and the liability to replace any such Product is that of the OEM. Home Care and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not Home Care. However, Home Care may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.
- Intellectual Property Rights:
- All content included on the Website, such as designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Home Care with all rights reserved. You acknowledge and agree that you shall not use, reproduce or distribute any Site Content from the Website belonging to Home Care
- All products listed on the web-site are independently acquired from distributors and/or suppliers of the same. The trademark and other IP used in relation to such products are the property of their respective trademark holders. Home Care is not affiliated, endorsed or sponsored by these trademark holders.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service or transacting through the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services or transacting through the Website.
- Links to Third-Party Sites:
- The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Home Care or the Website and Home Care is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Home Care is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Home Care is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Care or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- Disclaimer Of Warranties/Limitation Of Liability:
- Home Care endeavors to ensure that all the information on the Website is correct, but Home Care neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
- In no event shall Home Care be liable for any direct, indirect, consequential, exemplary, punitive, incidental, multiple, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website.
- Home Care shall not be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Home Care shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Home Care's control.
- Home Care SHALL NOT BE LIABLE FOR BREACH OF ANY WARRANTY SERVICED BY THE PRODUCT MANUFACTURER. ANY WARRANTY SERVICED BY A PRODUCT MANUFACTURER SHALL BE THEIR SOLE RESPONSIBILITY AND THEY SHALL ACCORDINGLY BE LIABLE FOR ANY BREACH OF SUCH WARRANTY.
- The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- User downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
- To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.
- You understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that Home Care does not assume any responsibility for any product or service's prompt or proper delivery,or retention of any User information or communications between Users. Home Care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Home Care makes no warranty that (i) the Services or the Products purchased will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Service will be accurate or reliable, (iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
- No advice or information, whether oral or written, obtained by you from Home Care or through or from the Home Care Service shall create any warranty not expressly stated in these Terms.
- You agree to indemnify Home Care, its employees and associates from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Home Care that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- Payment, Pricing & Promotions:
- You shall be solely responsible for compliance of all applicable Indian laws while making payments to Home Care
- Shipment will be released based on receipt of Advanced Payment of the order for the delivery of items chosen by the Buyer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms. Home Care may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to Home Care. Home Care shall not be responsible for any unauthorised, unofficial website / payment link or on line payment method transaction either direct or indirect in any manner whatsoever at any given point in time.
- Prices for Services or Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of Home Care's reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi. Prices, Products and Services may change at Home Care’s discretion.
- There may be special contests, referral programmes, loyalty programmes and promotional activities (“Offers”) conducted by Home Care. Any such Offer may result in the User receiving discounts, coupons, vouchers, special offers etc(“Rewards”). Home Care reserves the right to accept or reject any User’s participation in such Offers at its sole discretion.
- Such Rewards can only be applied at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be withdrawn and/or changed without notice. Items under Offers and other schemes are available only till availability of services or stocks lasts. Home Care reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User in an Offer without providing any reason for such rejection.
- Such Rewards cannot be transferred, negotiated or sold and cannot be redeemed against cash. Home Care shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
- While availing any of the payment method/s available on the Website, Home Care will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed between you and "Bank/s", or any payment issues arising out of the transaction, or decline transaction for any other reason/s.
- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
- Fee Policy:
- Membership on the Website is free for Users. Home Care does not charge any fee for browsing and buying on the Website. However, Home Care reserves the right to change its Fee Policy from time to time. Home Care may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Home Care reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
- Shipping and Transfer of Title & Risk:
- Title of the Product/s and risk of loss for all Product/s ordered by you shall pass on to you upon Home Care delivering the Product/s to the shipping carrier for the purpose of delivery to the Buyer.
- Home Care may suspend or terminate your use of the Website or any Service if it in its sole and absolute discretion, believes that you have breached, violated, abused, or unethically manipulated or exploited any of these Terms or anyway otherwise acted unethically.
- Notwithstanding Section 21.1 , these Terms will survive indefinitely unless and until Home Carechooses to terminate them.
- If you or Home Care terminate your use of the Website or any Service, Home Care may delete any content or other materials relating to your use of the Service and Home Carewill have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
- Governing Law:
- Terms shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ahmedabad.
- Any dispute or claim relating to the services rendered by the Website, its enforceability or termination under these Terms and/ or other policies available on the Website shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by Home Care The place of Arbitration shall be Ahmedabad and the language of proceedings shall be English.
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
- At present, Medical Device Rules 2017 do not prohibit the sale of any item listed on this Website. However, if the Medical Device Rules 2017 are subsequently revised to include any item currently sold on our Website, then such items shall not be available to the Users and any monies paid for the prohibited item shall be refunded to the respective User.
- Report Abuse:
- As per these Terms, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to 9512004324 or www.shalbyhomecare.org / firstname.lastname@example.org , email@example.com