TERMS AND CONDITIONS OF USE

The Physiofy Pvt Ltd. having its registered office at Sushant Lok phase-2, sector-43, Gurugam Haryana (“The Physiofy”) under the name and brand of The Physiofy, has created and seeks to manage, operate and maintain a network of independent third party elder and home care service providers and Clients seeking such services.
The Physiofy by way of its website and its mobile application is providing the services of arranging and scheduling elder care services and support services, including, invoicing and payment facilitation, resolving issues/queries/complaints/support tickets for its Clients and for independent third party elder care service providers who have joined The Physiofy.
These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by The Physiofy . Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Physiofy . If you do not agree to these Terms, you may not access or use the Services. Therefore, please read these terms carefully before accessing or using the services.

• SERVICES OFFERED
  The Physiofy through its website and application(s) offers a technology platform that enables users to arrange and schedule elder and home care services and/or related logistics and support services with independent third party elder and home care service providers of such services including, invoicing and payment facilitation, resolving issues/queries/complaints/support tickets for its Clients,
  Unless otherwise agreed by The Physiofy in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
• CONDITIONS OF USE
  In order to use the Services as offered by The Physiofy , you must
  • You must be at least 18 years of age.
  • You must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to The Physiofy certain personal information, including your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner) and the details of the person who is the end user of the elder and or home care services alongwith proof of identity and such other documents as may be indicated by The Physiofy during the signing up process.
  • You must maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up- to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or The Physiofy's termination of these Terms with you.
  • You must always maintain the security and secrecy of your Account username and password.
• NATURE OF SERVICES TO BE PROVIDED BY SERVICE PROVIDER:
  Service Provider shall be responsible for the sponging / bathing, oral medication administration (upon consent of the family), vital checking and providing companionship. You shall not ask the Service Provider to do any household work including personal work of other family members, fetching medicines, grocery etc. from outside, kitchen work, cooking and washing utensils, laundry.
• SERVICE PROVIDER NOT TO ACT AS SUBSTITUTE FOR MEDICAL PRACTITIONER OR EMERGENCY SERVICES:
  The Services availed from the Service provider are not intended to be a substitute for getting in touch with regular medical care by a doctor or availing professional healthcare services in medical emergencies. The Service providers shall only administer or assist in orally taking medicines prescribed by a Doctor and shall do so as per your instructions and or the attendants. The Service provider shall not in any manner prescribe any medicines or procedures to you.
• PROVISION OF ADEQUATE SLEEPING AND LIVING FACILITIES AND SUPPLIES AND EQUIPMENT FOR SERVICE PROVIDER:
  You undertake to ensure minimum sleeping time and sleeping and living facilities as mentioned in detail in the detailed sign up form. You also undertake to provide all supplies as may be required by the Service provider for safe execution of any kind of personal care. In case the minimum facilities are not provided to the Service provider for a continuous period of 24 hours, he/she shall inform The Physiofy who shall put you to notice regarding the same. In case the minimum facilities are not resumed to the Service provider even after receipt of notice from The Physiofy , the Service provider would be permitted to stop providing services until such facilities are resumed.
• REPLACEMENT OF SERVICE PROVIDER:
  The Physiofy shall make every endeavour to assign a single service provider to an individual client for the duration of the term of their agreement, but shall have the discretion to change the service provider or provide a substitute for short durations to allow for leaves, holidays or festivals or emergencies.The Client may request The Physiofy to replace a Service provider only in the following cases:
  • The Service Provider is injured or unwell so as to render them unable to provide the services.
  • Service provider has willingly left the designated location for a continuous period of 24 hours. The Physiofy will require a minimum of 3 days to identify and provide an alternate Service provider in the above scenarios.
• USER PROVIDED CONTENT.
  The Physiofy may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to The Physiofy through the Services textual, audio, and/or visual content, documents and information, including feedback related to the Services, initiation of support requests (“User Content”).You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant The Physiofy the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor The Physiofy 's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by The Physiofy in its sole discretion, whether or not such material may be protected by law. The Physiofy may, but shall not be obligated to, review, monitor, or remove User Content, atThe Physiofy 's sole discretion and at any time and for any reason, without notice to you.
• PAYMENT
  You understand that use of the Services may result in charges to you for the services or goods you receive from The Physiofy and/or a Third Party Elder and Home Care Provider (“Charges”).Charges would be calculated and informed to you based on the period and nature of services that you wish to avail. After you have agreed to avail the use of the Services, The Physiofy will facilitate your payment of the applicable Charges payable on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent. Payment of Charges of the Third Party Elder and Home Care Provider in such manner shall be considered the same as payment made directly by you to the Third Party Elder and Home Care Provider. All Charges will be inclusive of applicable taxes where required by law.In addition to the charges payable to the Third Party Elder and Home Care Provider, The Physiofy reserves the right to charge you amounts that may determined by The Physiofy towards its services rendered along with applicable taxes (if any).
  Charges paid by you are final and non-refundable, unless so expressly permitted by the Refund policy of The Physiofy . Payment of charges as determined by The Physiofy are to be paid solely through the payment facilities provided by The Physiofy on its website and application and no payment is to be made to the Third Party Elder and Home Care Giver at any point of time. Payment for the services would be done in advance. At least 15 days' payment will be considered as advance. The service provider will be deputed at the venue only when the advance payment is received and acknowledged by The Physiofy in the system or by email. Charges due immediately will be facilitated by The Physiofy through its website or application and if so permitted by you, by using the preferred payment method designated in your Account, after which The Physiofy will send you a receipt by email.
  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that The Physiofy may use a secondary payment method in your Account, if available.
  The Physiofy alone has the right to establish, remove and/or revise the Charges for any or all services obtained through the use of the Services at any time in The Physiofy's sole discretion.
  
• CANCELLATION POLICY
  You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Third Party Provider and The Physiofy for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, The Physiofy does not designate any portion of your payment as a tip or gratuity to the Third Party Provider.
  Any representation by The Physiofy (on The Physiofy's website, in the Application, or in The Physiofy 's marketing materials) to the effect that tipping is “not required,” is not intended to suggest that The Physiofy provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary and any such payment cannot be adjusted towards any payments demanded or raised by The Physiofy towards its services or services rendered by the caregiver. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
• CESSATION OR TERMINATION OF SERVICES:
  The Physiofy may terminate the services with immediate effect in the following cases:
  • Failure to make payment towards services rendered.
  • Non provision of essential facilities for the Service Provider.
  • Any instance of verbal or physical misbehavior with the Service Provider.
  • Any other violation of the terms of the present Agreement.
    After termination of the present agreement, the Service provider shall not be required to continue to provide services to the Client.
• DISCLAIMER.
  The services are provided “as is” and “as available.” The Physiofy disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.In addition, The Physiofy makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. The Physiofy does not guarantee the quality, suitability, safety or ability of third party providers.You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
• LIMITATION OF LIABILITY.
  The Physiofy shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services.The Physiofy shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if The Physiofy has been advised of the possibility of such damages. The Physiofy shall not be liable for delay or failure in performance resulting from causes beyond The Physiofy 's reasonable control.In no event shall The Physiofy 's total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred euros (Rs.10,000/-). The Physiofy 's services may be used by you to request and schedule home and elder care services, or logistics services with third party providers providing said services, but you agree that The Physiofy has no responsibility or liability to you related to any services provided to you by third party providers other than as expressly set forth in these terms. You agree and understand that The Physiofy acts solely as an intermediary between you and the Service provider by identifying a Service provider and coordinating between you and the Service provider. You further understand that the Service Provider is an independent practitioner and contractor and no actions of the Service provider whether within the course of the nature of their services as defined in this agreement or even outside the scope of their services would make The Physiofy liable for any claim, civil or criminal.
• INDEMNITY.
  You agree to indemnify and hold The Physiofy and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyer's fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) The Physiofy 's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
• GOVERNING LAW AND DISPUTE RESOLUTION.
  Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India.
  Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law.
  If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”).
  The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act by The Physiofy . The place of both mediation and arbitration shall be New Delhi, India. The language of the mediation and/or arbitration shall be English.
  The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
• GENERAL
  All notices shall be given to The Physiofy via email or by post using the contact details set out in the Contact Us section, or to you at either the email or postal address you provide during registration.We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you.Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the present Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
• PRIVACY POLICY
  Our collection and use of personal information in connection with the Services is as provided in The Physiofy's Privacy Policy located at https://www.thephysiofy.com/privacy-policy.