Terms and Conditions of Membership (T&C)

By virtue of subscribing to any of the paid Plans, which include the provision of Services (as defined herein), offered by Phanes Technology Solutions Pvt. Ltd. (hereinafter referred to as “Kareverse,” “We,” “Us,” or “Our”), the individual or entity (hereinafter referred to as the “Member”) hereby agrees and undertakes that said membership is contingent upon and subject to strict compliance with these Terms and Conditions (hereinafter referred to as “T&C”).

The term “Services,” as used herein, shall, unless explicitly stated otherwise, encompass the services provided under all membership plans offered by Us.

The term “Member” shall be defined to include any and all of the following persons:

1. The individual who has subscribed to a Plan (referred to as the “Subscriber Member”);
2. The elder person for whom the Services are provided (referred to as the “Elder Member”);
3. The designated next of kin of the Elder Member (referred to as the “Primary Next of Kin Member”)

Any users of the Kareverse Apps, which includes users who have not subscribed to any of the Kareverse Care Plans shall also be subject to the Terms & Conditions listed on www.kareverse.com.

Term

The membership's duration and the term of use for the Services (“Term”) shall commence on the Service Activation Date (as defined herein). The Term shall remain in full force and effect for the period selected by the Member at the time of subscription, or for any renewed period thereafter, unless terminated earlier as per the terms and conditions set forth in this Agreement.

Services

1. The commencement of Services by Kareverse is subject to and conditioned upon the Member's acceptance of and adherence to these Terms and Conditions (“T&C”), as well as the submission of complete and accurate registration details via the Kareverse Registration & Onboarding Form. The specific Services to be provided shall be those selected and identified by the Member at the time of Registration, and shall be rendered to the individual(s) whose information has been disclosed during the registration process.
2. The Kareverse Care Plans procured by the Member shall typically be initiated within 48 hours of the payment date. The Services will be deemed activated on the date that the details required for the provision of said Services are confirmed by Us, which date shall be designated as the “Service Activation Date.” The Subscription fees shall be applicable and payable commencing from the Service Activation Date.
3. Should a Member be deemed to lack sound mind or be medically unfit to understand these T&C, the Subscriber Member shall assume all responsibilities and obligations of such Member. The Primary Next of Kin is defined as the relative of the Elder Member whose information is provided in the Membership Form or during the online registration process. This Next of Kin must be of sound mind, a minimum of eighteen (18) years of age, and possess the authority to make decisions on behalf of the Member(s).
4. We assume that the Primary Next of Kin Member is legally empowered to engage in shared decision making on behalf of the Members on healthcare matters.
5. The Members acknowledge and consent that the provision of all Services shall be limited to the residential address of the Elder Member, which address is specified and recorded in the Membership Form or submitted during the online registration process.
6. Should a Member wish to receive Services at a location other than their registered residence, they must notify Us in advance. We will then inform the Member if such Services are feasible. Kareverse shall not be held liable for providing Services at any location unless We have provided our express confirmation.
7. The Member understands and agrees that access to the Member's residence is a necessary condition for the effective delivery of
   1. Emergency support services; and
   2. The full scope of Services as outlined in the subscribed Care Plan
8. Regarding the Services referenced in Clause 2(i), the Member acknowledges and warrants that Our team members or authorized personnel shall be granted unrestricted entry into the Elder Member's house. This access is to be made available when requested by the Member or when necessary for the provision of the aforementioned Services.
9. Emergency situation: In the event of a reported or perceived emergency, should Our team member find the Member's residence locked or otherwise inaccessible, We or Our team member reserve the right to forcibly enter the premises to deliver the Services. Such forcible entry shall not be deemed a trespass, and We shall not be held liable for any legal proceedings or actions arising from it. Furthermore, We shall not be responsible for any delay or inability to render Services if the residence is found to be locked or inaccessible. The Member shall bear the sole cost of any damage caused by such a forcible entry, including any consequential or collateral losses.
   1. We acknowledge that the Services will be performed using reasonable skill, care, and in accordance with standard industry practices and applicable laws. Our personnel may, to the best of their abilities, perform life-saving measures on the Member. However, in the event that such measures result in untoward consequences, injury, or loss of life, We and Our personnel shall not be held responsible or liable for any resulting losses or damages. The provision of Our Emergency Coordination Services is contingent upon timely intimation of the emergency to Kareverse by the Member. We disclaim any responsibility for the inability to render Services if We do not receive such intimation.
   2. Rendering Services: Our staff, care managers, and authorised third-party service providers will be granted access to the residence for the purpose of delivering our services.
10. The Member acknowledges that various services included in the Plans are third-party services, provided by independent third-party service providers (such as, but not limited to, caregivers, nurses, physiotherapists, on-call doctors, and nutritionists). These individuals and entities are not employees, agents, or affiliates of Kareverse. In this capacity, We function exclusively as a facilitator with respect to the services rendered by such third parties.
    1. The Member acknowledges that certain Services may necessitate a direct agreement or consent form with the independent third-party service provider. Kareverse explicitly disclaims any involvement or liability in such arrangements between the Member and the third-party provider, including all matters concerning the scope of services and financial terms.
11. We retain the right to immediately suspend the provision of Services if we, in our reasonable judgment, determine that a breach of these T&C has occurred by the Member, their designated Next of Kin, or any of their family members. This right of suspension also applies in the event of any non-payment of outstanding fees by the Member.

Responsibility of the Member

1. The Member hereby confirms that their utilization of the Services throughout the Term of membership is based solely on their own free will and independent decision.
2. The Member is required to download and use the designated App on their mobile device. The App shall be the sole channel for communication, submitting requests, and accessing tasks, reports, and information related to Kareverse's Services. We reserve the right to modify and update the App from time to time and the Member should regularly check for and update the same. The Member shall grant the App all necessary permissions required for its proper function and for the provision of the Services.
3. An Elder Member or the Primary Next of Kin Member may request Services from a Kareverse team member through the designated communication channel. In the event of any query or conflicting instructions, Kareverse will adhere to the instructions of the Subscriber Member, provided such instructions fall within the scope of the subscribed Plan and do not, in the professional judgment of the Kareverse team, compromise the safety or well-being of the Elder Member.
4. The Member represents and warrants that all information submitted by the Member or their representative is true, accurate, and complete.
5. In providing the Services, We shall rely on all information, including medical history, records, and reports, that are made available to Us. Unless We expressly agree otherwise in writing, We shall have no responsibility to evaluate, verify, or independently confirm the accuracy or completeness of such information.
6. The Member shall, on a continuous basis, update Us regarding the Member's medical condition and provide all corresponding updated medical information, records, and reports.
7. We are not responsible for authenticating the Member's medical records or for any misinterpretation of those records by our clinical staff. The Member must carry original documents for all clinical consultations and procedures. If there is a conflict between our digitized records and the Member's original documents, the originals will be considered definitive, and the Member waives any right to make a claim against us or our partners regarding this discrepancy.
8. We may keep digital records of the Member's clinical history to facilitate the Services. We explicitly disclaim all responsibility for the clinical interpretation of these records and for any resulting medical recommendations.
9. The Member agrees to use the Services responsibly and to comply with all instructions issued by Us concerning the use of the Services.
10. The Member shall be responsible for ensuring the safety and security of Our team members and Care Partners while they are rendering Services at the Elder Member's residence.
11. Our team members and Care Partners are not authorized to operate the Member's vehicle. Should a team member or Care Partner operate the Member's vehicle in an emergency situation at the Member's express insistence, such action shall be performed at the Member's sole risk and responsibility. The Member understands, confirms, and warrants that We, Our team members, and Our Care Partners shall not be held responsible or liable for the safety of the Member, the vehicle, or the Member's property in such a scenario. The Member further agrees to indemnify and hold harmless Us and Our personnel from any and all liability or claims arising from such use.
12. Any refusal by a Kareverse team member or Care Partner to perform acts or duties that fall outside the scope of the Services as detailed herein shall not be considered a refusal, deficiency, or a breach of these Terms and Conditions by Us, Our team members, or Our Care Partners.
13. We may, in Our sole discretion, determine that it is unsafe for Our team members or Care Partners to travel and provide Services at the Member's residence due to certain circumstances, including but not limited to severe weather, a state of lockdown, a pandemic, civil unrest, or a curfew. In such an event, We may be required to cancel the Services for that day or, where feasible, provide the Services through electronic means. The provision of all Services is contingent upon appropriate weather conditions, stable city and civic conditions, and is subject to Force Majeure events, including but not limited to riots, lockdowns, pandemics, curfews, acts of war, terrorist acts, or any other external circumstances beyond Our reasonable control.
14. The Elder Member is solely responsible for the security and safekeeping of all personal property, including but not limited to money, jewelry, and medical devices such as eyeglasses, dentures, or hearing aids. Members are advised to exercise vigilance over their belongings.
15. The Member shall promptly inform Us, Our team, or Our Care Partners if the Member or any individual residing in the Member's household is suffering from, or has been in contact with someone suffering from, a communicable disease (e.g., Tuberculosis, Hepatitis, COVID-19) within the preceding fourteen (14) days, especially if such a condition is likely to adversely affect the health of the caregivers. The Member further agrees to indemnify and hold Us, Our team, and Our Care Partners harmless from any and all loss, liability, or damage caused by the Member's willful neglect or negligence in providing this required notification. Furthermore, upon being notified of or discovering such a situation, We reserve the right to cease providing any further Services to the Member, and such refusal shall not constitute a breach of these T&C.
16. The Member is prohibited from misbehaving with, threatening, physically harming, or unlawfully detaining Our team members or Care Partners. The Member will be liable for any and all harm or damages caused to our personnel resulting from such actions.

Responsibility of the Member — Must Not

1. Poach, solicit, or attempt to entice away any officer, employee, trainee, or Care Partner of our company or affiliates.
2. Use the Services for any unlawful, offensive, obscene, or abusive acts.
3. Engage in or permit conduct, verbal or physical, likely to be abusive, offensive, derogatory, disruptive, or dangerous to our staff or Care Partners.
4. Offer or provide gifts, money, or kickbacks to our team members or Care Partners.
5. Request our staff or Care Partners perform tasks outside the defined scope of Services.

Membership Fee

1. The Member is required to pay, in advance, the Membership Fee, upon purchasing a Kareverse Membership Plan. The security deposit is designated to cover any chargeable expenses incurred by the Elder(s) and other specific charges detailed at the time of purchase.
2. Should the Member fail to pay any amount due to Us within fifteen (15) business days of receiving an invoice, We are relieved of Our obligation to provide the Services. This cessation of service due to non-payment does not constitute a breach on Our part. The Member will be granted a fifteen (15) day grace period following the initial fifteen (15) day delinquency. If payment remains outstanding after this grace period, it will be considered a material breach of this Agreement by the Member. This breach will permit Us to terminate the Plan and pursue remedies, including but not limited to the collection of the outstanding payment, damages, and interest at a rate of twelve percent (12%) per annum from the date the grace period expired until the amount is fully paid. If the Member remits the full outstanding amount plus interest, We will resume providing the Services. We accept payment of all amounts specified herein solely by the methods as communicated by Us to the Member during the sign-up process or from time to time. In case the payment is not paid in advance, the Member is requested to inform Us promptly of any changes to Member's payment information.
3. The Member hereby confirms and acknowledges that the Membership Fees, along with all other amounts, expenses, and charges payable to Us, are fair and reasonable and constitute an essential element of this arrangement. The Member further acknowledges that any costs, charges, or expenses that are to be incurred by Us or Our personnel in the provision of the Services shall be paid to Us by the Member in advance.
4. Should the Member request or require additional or multiple Services of a different type, the then-current rates and fees for such services will apply. These additional services will also be subject to any specific terms and conditions applicable thereto.

Taxes

The Member is liable for bearing and promptly remitting all local and government taxes currently imposed or that may be imposed in the future with respect to the Membership Fee, other charges, and Services. If applicable, such taxes and charges shall be paid by the Member according to our directions or instructions. Furthermore, it is clarified that any taxes payable by the Member under these Terms and Conditions are in addition to the Membership Fee and any other applicable charges.

Representations and Agreements of Members (Elder, Subscriber, and Primary Next of Kin)

The Member covenants and agrees that:

1. The Subscriber Member and Primary Next of Kin Member confirm that they have the full legal authority to enter into and be bound by these T&C. All final decisions related to the Services are the responsibility of the Elder Members' family, and not the Company.
2. The Members acknowledge and accept that the personal information they disclose to Us will be used solely for the purpose of providing the Services, and will be collected, used, stored, and shared in accordance with the terms of Our Privacy Policy. Should the Member or their representative wish to withdraw their consent at any time, they may request the removal of their data by submitting a request to service@kareverse.com. Upon receipt of such a request, We shall remove the information at the earliest opportunity and notify the Member of the completion. However, the Member acknowledges that if consent is refused or withdrawn, We reserve the right to cease or refrain from providing any Services for which such information is required. The Member further agrees that Our inability to provide the Services under these circumstances will not constitute a default or breach on Our part, and We shall not be liable for any resulting damages, claims, or losses.
3. All information, records, and reports, including medical records, provided by the Elder Member or on their behalf are warranted to be true and accurate, and may be relied upon for the purpose of delivering the Services. Furthermore, should any liability arise from the use of such information, records, or reports, we shall bear no responsibility whatsoever to Members and/or any third parties.
4. In an emergency concerning an Elder Member, We are authorized to take all actions We deem necessary. The Member and their family agree to fully cooperate with these actions.
5. In the course of providing the Services, We generate and store data concerning the Member, their medical records, and their interactions with Us. The Member hereby expressly, unequivocally, and unconditionally consents and agrees that this data and information may be used or shared by Us for emergency purposes and/or for research or survey purposes, provided such use has been consented to in the Membership Form or during registration on the App. Any data shared for communication, research, or survey purposes will be anonymized. No royalties, fees, or other charges will be payable to the Member for the use of this data.
6. The rights, benefits, privileges, and obligations of the Members are personal and non-transferable. The Members hereby represent and warrant that they shall not transfer or permit any third party to use or access the Services.

Termination and Expiry

Termination by Us

1. Either party may terminate the membership for any reason by providing the other with one (1) month's advance written notice.
2. In the event of a breach or default by the Member of these Terms and Conditions, or any rules, regulations, or instructions communicated to the Member from time to time, we reserve the right to withhold services and/or terminate membership. This action will be taken upon providing the Member with a written notice at least ten (10) days in advance, should the Member fail to remedy the issue within the specified notice period.
3. Notwithstanding the provisions of paragraph (b) above, we reserve the right to terminate membership effective immediately upon written notice to the Member under the following circumstances:
   1. Immediately, upon discovery of any misrepresentation or omission in information provided by the Member, particularly with regard to medical history or resources, regardless of whether Services have commenced.
   2. At any time should the Member engage in conduct that endangers the mental or physical health or safety of our team members or Care Partners providing services at the Member's residence.
4. We reserve the right to decline to provide Services if it is determined that we or our team members/Care Partners are unable to care for the Member due to the Member's medical condition. This includes situations where the Member or any individual residing in their household is affected by a communicable disease, such as COVID-19, whether undisclosed or arising at a later time. Our decision in this matter shall be considered final. In such cases, our liability will be limited to reimbursing the Membership Fee, net of applicable taxes and after any necessary deductions, to the Member.

Termination by a Member

The Member may terminate their membership by providing Us with 1 (One) month's advance written notice. All fees and charges for the notice period are the Member's responsibility.

Termination of Membership Due to Death or Failure to Renew

1. Death: This membership will automatically terminate upon the death of the Member(s) receiving the Services. Upon request from the next of kin, we can assist with tasks such as hospital procedures, documentation, or other reasonable activities, subject to additional applicable charges. Membership fees and any other associated charges shall be payable by the Member or Primary Next of Kin for the duration that Services are provided, up until the expiry or termination of this Agreement, or the death of the Member.
2. Non-renewal: Our obligation to render the Services shall cease upon the expiration of the Membership Term, unless the Member renews the membership. Should the Member wish to continue the Membership, a written request must be submitted to us at least 1 (one) month before the expiration of the current Term. Upon receipt of such a request, we will renew the Services for a period to be mutually agreed upon at the time of renewal.

Consequences of Termination

Our obligation to render Services ceases immediately upon the termination or expiration of this membership.

Refunds

In the event a Member terminates a Plan prior to the expiration of the current membership term,

1. Quarterly Plan — All prepaid quarterly fees are non-refundable.
2. Annual Plan — The Member will forfeit the Membership Fee for the quarter in which termination occurs. We will refund the balance of the prepaid amount, net of any applicable deductions.
3. Homecare Services — All payments owing from the Customer shall become due and payable; no refunds shall be issued for any advance paid. Where the amounts lying with us pertains to a period of less than 1 (one) month then the entire amounts lying with us shall stand forfeited and we shall not be liable for refund of any amount to the Member. Where the amounts lying with us pertains to a period greater than 1 (one) month, the amount lying with us will be refunded after reducing the amount pertaining to a period of 1 (one) month.

Nature of the Relationship

1. The Member has no authority to create or assume any obligation on behalf of Us or our team members.
2. The Member acknowledges that we reserve the right to admit or terminate any membership at our sole and absolute discretion, for any reason whatsoever.
3. The Member shall ensure that their designated Next of Kin or emergency contact does not assign or otherwise transfer their duties and obligations under this membership without our prior written consent.
4. We provide the Services to the Member as an independent contractor. Nothing in this agreement shall be construed as creating an employer-employee, agency, partnership, or joint venture relationship.

Indemnity

The Member hereby agrees to indemnify and hold Us and Our personnel harmless against any and all claims, liabilities, and expenses (including third-party claims and reasonable attorneys' fees) resulting from a breach of these T&Cs, or any material breach of law, by the Member or any person acting on their behalf.

Limitation of Our Liability

1. We agree to use our best efforts to provide safe and suitable services. However, we are not liable for any special, indirect, or consequential damages, or any harm caused to the Member. Furthermore, we are not responsible for any loss of health, material possessions, or death of the Member that is not directly caused by us, our personnel, or our service providers. In any event, Our liability will not exceed the amount paid by the Member to Us in the last preceding quarter of the Term from the date such liability arose.
2. Kareverse may disseminate information concerning health, disease, nutrition, finance, and other areas via various channels. The Member acknowledges that such information is provided for informational purposes only and does not constitute expert advice. The Member assumes all responsibility for seeking professional consultation prior to implementing such information. We shall not be liable for any damages resulting from the use of this information.

Jurisdiction and Governing Law

This agreement is governed by the laws of India. All disputes arising from the membership, Membership Form, or these Terms and Conditions will be subject to the exclusive jurisdiction of the Courts in Bangalore.

Notices

All notices and consents will be sent to the Member via registered speed post, SMS, or email to the contact details provided at registration. Any notice sent will be considered received on the first business day after it is sent.

Contact Information

We will always send communications and notices to the Subscriber Member using the details provided during registration. It is the Member's responsibility to notify us in writing of any changes to this information. We are not responsible for any losses or issues that result from non-receipt of communications due to outdated contact information.

Changes to These Terms

We reserve the right to update the terms, Membership Fees, and other charges at any time. We will notify the Member of these changes via App and/or email. Unless the Member objects within three (4) days of the email being sent, the changes will be considered unequivocally and unconditionally accepted.

Severability

If any provision of these T&Cs is deemed illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

Grievance Redressal

Any complaints, concerns, or allegations of abuse concerning the use, processing, or disclosure of your information, or a breach of these terms or any applicable law, must be promptly reported to the designated Grievance Officer at the following address:

Consent for Marketing

The Member and/or their representative hereby expressly consent to our use of their testimonials, pictures, and videos. We may use this content for communication purposes on our social media, website, brochures, and any other marketing materials, without any further consent or compensation.

Force Majeure

We shall not be liable for any breach or default of the Services arising from a force majeure event, including but not limited to acts of God, epidemics, strikes, or governmental actions. Should We be unable to render any portion of the Services due to such an event, it will not constitute a breach or default on Our part, and the parties shall mutually agree on the appropriate future course of action.