Standard Terms and Conditions
This document contains the standard terms and conditions of the services offered by Sakhi4life Private Limited (Sakhi4life) and forms part of the contract entered into between Sakhi4life and customer.
General Terms and Conditions
Sakhi4life Private Limited (hereinafter referred to as Sakhi4life) and its subsidiaries, agents and divisions require that you abide by the terms and conditions stated below as a condition to using, the Services offered, purchase of Services, performance of Services, payments made, products, content, tools and functionality provided and transactions done (collectively referred to as Services).
Your access to and use of the Services of Sakhi4life is conditional to your acceptance of and compliance with these Terms and Conditions (hereinafter referred to as T&C). These T&C apply to all customers, users and others who access or use the Services provided by Sakhi4life. Your acceptance of these T&C and your Agreement to adhere to the same will constitute a legal, valid, binding Agreement between you and Sakhi4life governing your use of the Services provided therein enforceable against the Parties in accordance with applicable law.
1. INTERPRETATION
In these Terms and Conditions:
- 1.1. “We”, “Us”, “Our(s)” refers to Sakhi4life, its subsidiaries, affiliates, agents, employees, counsellors and divisions ;
- 1.2. “User”, “Member”, “Client” shall include all the beneficiaries.
- 1.3. “You”,”Yours”, and “Yourself” shall mean and include You as a person registering for the Services for a beneficiary and the beneficiary(s);
- 1.4. “Service/Services” are the Services you have engaged us to undertake on Your behalf from time to time;
- 1.5. “Supplier”, “Service Provider”, and Counsellors mean and include all the third party vendors engaged by Sakhi4life on Your behalf to carry out the Services at Your request and include, the Suppliers/Service providers company officers, employees, agents, counsellors and sub- contractors.
- 1.6. “Agreement” refers to these Terms and Conditions of use of Sakhi4life, as well as any special terms and conditions agreed in writing between Sakhi4life, You and / or the Users.
- 1.7. “Terms & Conditions” or “T &C” refers to these terms and conditions set out in this document as well as any special terms and conditions agreed in writing between Sakhi4life, You and / or its users.
- 1.8. “Website” shall refer to www.Sakhi4life.com and other domain names registered and possessed by Sakhi4life including all its webpages, www.secure.Sakhi4life.com, mobile application, and User web portal.
2. REGISTRATION AND USER ELIGIBILITY
- 2.1. Every user is required to be registered /signed up for the purposes of using the Services to become a member of Sakhi4life. Such registration / signing up can be done by the user or by you on behalf of the user. Accepting and payment for any of our services can also constitute as becoming a member and this will imply that the T&C apply to you and the beneficiaries too.
- 2.2. You or the user is under an obligation to provide us the information of himself/herself and the beneficiaries that is true, accurate, complete, and current at alltimes.
- 2.3. All the T&C applicable to You are equally applicable and binding on its beneficiaries.
3. SUPPLY OF SERVICE
- 3.1. General
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- 3.1.1.Sakhi4life shall provide package based services and / or individual Services to its users. Selection of the right package or individual service is at Your or User discretion. These services will either be provided by us directly or by channelizing the same through third party Suppliers / Service Providers. Sakhi4life Services to its users include, but not restricted, to the following –
Sakhi4Health- Regular follow up by the Relationship Manager
- Weekly Reminders for routine chores like exercise/ taking medicines etc
- Planning surgeries
- Physician at Home support
- Accompanied Medical Appointment; Annual and Weekly Health Check Support;
- Home stay nurses; attendant; part time attendants, etc.
- Support during surgery, post operative support;
- Arranging Physiotherapist at Home;
- Medical Emergency Support
Sakhi4BasicNeeds
- Home Maintenance
- Home Maintenance Support
- Equipment / Gadget Installation Support
- Food Online Order Support
- Uber / Ola Transportation Support
- Pest Control at Home
- Grocery Online Support
- Home Cleaning Support
- Technology Support at Home
- Yoga at Home
- Beauty & Grooming at Home
- Massage at Home
- Laundry Services
- Home Security services
Sakhi4Relaxation
- Daily Assisted Outings – Beach / Temple / Religious Discourses / Music Festival / Park / Drama / Movies
- Family Gatherings
- Holiday Planning
- Support for Visa / Passport / Ticketing
- Books and Library services
Sakhi4FinancialPlanning
- Visit to Bank
- Insurance Advisor at Home
- Wealth Management Consultant at Home
- Bill Payments Support
- Prepaid Wallet – Day to Day expenses
- Health & Travel Insurance Support
- Escrow Account with Sakhi4life
Sakhi4Legal Services
- Legal Advisory at Home Support
- Legal Support for Will and Last Testament
- Legal Support for Agreements / Documents
- Digitising Documentation
- Property Related Services – Rent / Buy / Sell
Sakhi4Emergency
- Ambulance Assist
- Daily Updates to Kin
- 24/7 Support Manager
- Non Medical Emergency
- 3.1.2 Sakhi4life shall supply the Services to You during the tenure of membership or registration with Sakhi4life in accordance with Your specific requests, provided that Sakhi4life shall not be required to provide or facilitate the supply of goods and/or Services that it deems at its sole discretion may violate applicable laws, standards and/or regulations.
- 3.1.3 Sakhi4life shall use its reasonable endeavors to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services, unless otherwise specified.
- 3.1.4 If a request for a specific product or Service is not available, Sakhi4life may offer You substitute products or Services of a similar description and standard. You may at Your sole discretion refuse acceptance of such substitute products and/or Services.
- 3.1.5 The Services signed up by You are for a fixed period of time as specified in the description of such Services. On the expiry of the Service period for a Service, all the obligations of Sakhi4life towards You for such Service shall cease.
- 3.1.6 All the correspondence between Sakhi4life,You and / or the beneficiary or any third party in relation to the Services being provided may be recorded and You hereby consent for the same.
- 3.1.7 You hereby acknowledge that for the Services provided by third parties the Agreement for the supply of goods and/or Services made as a result of Your request is between You and the relevant Supplier/Service Provider and Sakhi4life is not a party to such Agreement.
- 3.1.1.Sakhi4life shall provide package based services and / or individual Services to its users. Selection of the right package or individual service is at Your or User discretion. These services will either be provided by us directly or by channelizing the same through third party Suppliers / Service Providers. Sakhi4life Services to its users include, but not restricted, to the following –
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- 3.2. Sakhi4Health Services
- 3.2.1 Sakhi4life shall provide assistance to its users for all the health care needs under Sakhi4Health services of the beneficiary subject to the Terms & Conditions as mentioned in this Agreement.
- 3.2.2 Sakhi4life undertakes to coordinate with doctors/professionals to cater to the health care needs of the users. Sakhi4life will extend such services to also coordinating for diagnostic requirements, medicines from pharmacy, nurses, attendants, physiotherapy, etc., and such services may be through third-party agencies.
- 3.2.3 The doctors/professional support extended by Sakhi4life coordinating may provide You and / or the user with health related advices to help You make better decisions. You, as the user of such Services, assume full risk and responsibility for any and all use of such Services including the advice / information presented thereon by the doctors / professionals.
- 3.2.4 Sakhi4lifewill coordinate with doctors and physicians to undertake regular assessment of the user/beneficiaries wherever requested by You and / or the user in order to address all the health care needs which arise from time to time.
- 3.2.5 In case of an emergency, the Sakhi4life shall use its best efforts to verify the false alarms (i.e. verifying whether the emergency is an actual emergency from other sources), at the earliest. However, any delay caused due to such verification or consequences arising out of such delays shall not be the liability of the Sakhi4life.
- 3.2.6 Sakhi4lifeshall at all times will endeavour to ensure that the beneficiary is reached on time or necessary alternative arrangements are made to address their concerns. However, Sakhi4life shall not be responsible for any delay caused to reach the beneficiary or arrange for immediate assistance under circumstances beyond the control of Sakhi4life, its staff and affiliates which includes but is not limited to mobile network failure, internet traffic congestions, movement restrictions imposed by Government, environmental conditions, road traffic congestions, etc., or any other technical issue.
- 3.2.7 Sakhi4life shall coordinate in the beneficiary being taken to one of the hospitals stated by You/ beneficiary at the time of registration, unless the situation demands otherwise in the case of medical emergency. Sakhi4life assures and acknowledges that it shall take every step keeping in mind the best interest of the beneficiary in the existing situation pursuant to the medical condition of the beneficiary.
- 3.2.8 Sakhi4life shall in no event be liable for any actions taken by the medical staff transporting the beneficiary by an ambulance to the hospital, hospital medical staff including doctors and professionals or any other person taking decisions at such given time.
- 3.2.9 In the situation of an emergency if a third party has already initiated action before Sakhi4life, Sakhi4life shall not interfere with the same until otherwise needed or as instructed by You. Sakhi4life however undertakes to keep You informed of the same and assist the beneficiary as may be required.
- 3.2.10 It is specifically agreed that Sakhi4life shall render its Services and assistance to its members and their beneficiaries on priority basis in case of an emergency. Any liability for providing/not providing assistance to a third party along with the beneficiary cannot be attributed upon Sakhi4life. However, Sakhi4life assures rendering its best possible assistance to the extent possible by Sakhi4life and to the extent it does not prejudice the interest of its users and their beneficiaries.
- 3.2.11 The user agrees and acknowledges that all the expenses incurred by Sakhi4life in rendering and facilitating the emergency Services shall be reimbursed and payable to Sakhi4life.
- 3.2.12 The user agrees that is supply of patient attendants or nurses a change required will be supplied only with 15 days notice unless the reason for change is on account of theft/sickness of the attendant or nurse/physical harm caused to the beneficiary or user by such attendant or nurse of his or her own violation.
- 3.2.13 In no event shall Sakhi4life be held liable for any attempt by You and or the beneficiary to self-medicate or for wrongly ordered medicines. The Sakhi4life is not responsible to verify the medicines that are delivered to You/your beneficiary. You/your beneficiaries are advised to check the medicines ordered at the time of delivery by the pharmacy including but not limited to the expiry date.
- 3.2.14 The user agrees and acknowledges that Sakhi4life shall not be held liable of providing medical emergency assistance to the beneficiary post the expiry of the plan or service period as the contract between the user and Sakhi4life shall be deemed terminated once the subscription period with Sakhi4life is expired.
- 3.2.15 The user agrees and acknowledges that Sakhi4life shall not be held liable for providing medical emergency assistance unless the beneficiaries have provided Sakhi4life with the required details during the sign up or intital registration with Sakhi4life. Sakhi4life however, shall ensure that the beneficiary is taken to one of the hospitals stated by the user/ beneficiary in case of medical emergency.
- 3.3. Sakhi4BasicNeeds Services & Sakhi4Relaxation Services
- 3.3.1 Sakhi4life shall facilitate and provide all the home basic needs Services such as cleaning, maids, maintenance, general and specific repairs, security, etc., and personal Services such as conveyance, food delivery, beauty, library etc., either by its in-house staff or through third party Service providers. Sakhi4life will also facilitate and provide relaxation services such as accompanied visits to temple, church, beach, music, movies and other places of interest for the beneficiary.
- 3.3.2 The basic needs Services such as cleaning, maids, maintenance, general and specific repairs, Wellness etc., and personal Services such as conveyance, food delivery, beauty, library etc., shall be provided by third party service providers. Accompanied visits to places of interest will be with Sakhi4life counsellors and / or third partyservice providers. User agrees that any fault or negligence or any default/deficiency or damage of goods committed in rendering the Services by the third part service provider shall be subjected to the terms and conditions of the third party service provider and the same cannot be attributed to Sakhi4life.
- 3.3.3 All the ultimate Service providers of home care and personal Services are independent contracts and Sakhi4life shall only act as a coordinator /facilitator for booking and registering the requisite Service for the beneficiary.
- 3.3.4 User agrees and acknowledges that quality of Services or non-satisfaction by the beneficiary or You shall not be attributed to Sakhi4life.
- 3.3.5 The user undertakes to provide all the necessary information, material for purposes of rendering the subject Service. Any failure or omission on part of the user in rendering true facts or disclosing material facts shall result in immediate cancellation of the Service. The user shall be responsible to the Service provider for any loss incurred due to the said default and Sakhi4life shall not be held responsible for the same at any point in time.
- 3.3.6 In respect of travel and conveyance Services, Sakhi4life shall endeavour to ensure that the beneficiary is picked up and/or dropped off at the location on time. Sakhi4life shall not be liable if the Service provider arrives late for any pick-up and/or drop Services. Sakhi4life shall in no event be held liable for any accident or other incidents beyond the control of Sakhi4life.
- 3.3.7 In case of any emergency, arising due to the act/omission of the third party Service provider, Sakhi4life undertakes to render its assistance to the beneficiary to handle the situation and address the concerns, if any.
- 3.4 Sakhi4life Financial Planning and Legal Services
- 3.4.1 Sakhi4life undertakes to provide financial planning and legal services which includes accompanied visit to banks, planning investments, insurance towards medical and investment, legal and other services. As part of the services support extended by Sakhi4life, will provide an Payment Management Service’ on a monthly basis to its users which is a prepaid account wherein user/beneficiary/sponsor can transfer funds in advance and replenish as needed based on the usage of Services towards the beneficiary such as for paying any third parties for Services sought, meeting necessary expenditure towards payment of bills, emergency Services etc.,. The said money shall be deposited in a Bank maintained by Sakhi4life.
- 3.4.2 The Payment management service Account for the user / beneficiary shall be maintained by Sakhi4life on a monthly basis subject to renewal on payment of the subscription amount and the agreed pre-paid deposit amount and subject to any specific terms and conditions agreed upon in execution of the same. Provided the said terms and conditions are not in conflict with the Terms & Conditions mentioned in this Agreement.
- 3.4.3 It is agreed that the money maintained under the payment management service shall be an interest free amount and it is agreed that in no event You can claim any interest from Sakhi4life or any third party.
- 3.4.4 It is agreed that the money shall be used only for the purposes of meeting the expenses incurred on behalf of You and / or the beneficiary upon Your specific instructions. Whereas, it is agreed that Sakhi4life can exercise its discretion in using the amount maintained in the payment management account without Your instructions, towards any medical emergency, if the situation so demands. In the said circumstances, Sakhi4life cannot be held liable for any use of the deposit amount.
- 3.4.5 It is agreed that Sakhi4life can exercise its right in rendering the payment Service vide any payment option.
- 3.4.6 Subject to the emergency Services, if Sakhi4life is instructed to perform or take any action in respect of the Payment Management service Account on or within a period ending on a day which is not a business day, then such action will be performed by Sakhi4life on the immediately succeeding business day. In the said circumstance any additional charges incurred by Sakhi4life shall be attributable of the user.
- 3.4.7 At the end of every month, Sakhi4life shall furnish a detailed transaction history of the Payment Management Account to the user or the beneficiary.
- 3.4.8 After termination of the Services, the balance amount left in the Payment Management Account shall be repaid by Sakhi4life.
- 3.4.9 You and or the beneficiary undertake to reimburse all the additional charges, expenses, fees, etc, incurred by Sakhi4life towards rendering the payment management Service, if any.
- 3.4.10 Zero Cash Policy: All Payments made from the Payment Management System towards spent for your Beneficiary shall be against bills / vouchersonly.It is agreed by the user that Sakhi4life will not handover any Physical Cash/petty cash to Beneficiary for whatever reasons unless bills are provided to us by the beneficiaries towards cash given or under express intimation/permission from You.
- 3.5. Other Services
- 3.5.1. Sakhi4life shall provide all the Services so described on the individual packages or as customized to your requirements which will be expressly stated in the invoice raised.
4. TERMS OF USE OF SERVICE
- 4.1. You have the prior written consent of the Beneficiary to provide the Beneficiary’s personal and medical information.
- 4.2. You hereby authorize Sakhi4life to use Your information and the information of the beneficiary, as may be required from time to time, in relation to fulfilling its continuing obligations.
- 4.3. You may place Your request either by Telephone, whatsapp or Email.
- 4.4. You agree that before placing an order to avail any Service, You will check the Service description carefully. By placing an order to avail of a Service, You agree to be bound by the conditions of sale included in the Service’s description.
- 4.5. If Sakhi4life is unable or not obliged to deal with any request, it will inform the user and / or the beneficiary as soon as reasonably practicable.
- 4.6. The user undertakes not to directly or indirectly hire any Services of its third party Services providers without prior intimation to Sakhi4life.
- 4.7The user undertakes to immediately report Sakhi4life of any alterations/modification sought in the Services rendered by the Service providers of Sakhi4life which are availed through Sakhi4life and / or the third party service providers.
- 4.8. The user agrees and acknowledges that apart from the booking and registration charges for individual Services or packaged Services rendered by Sakhi4life, as the case may be, the user is under an obligation to reimburse all the expenses borne by Sakhi4life, unless otherwise agreed upon.
5. PRICING, CANCELLATION AND REFUND
- 5.1. All descriptions of any products, Services or benefits ofservices provided by Sakhi4life is liable to change with or without notice which is at the sole discretion of Sakhi4life. Sakhi4life has explained the description of services provided and shall not be liable for any inaccurate or misleading descriptions as understood by the user and / or the beneficiary.
- 5.2. Sakhi4life has taken all due care to ensure accurate description of the Services and pricing information is provided to you and / or the beneficiary. However, it is specifically declared that Sakhi4life cannot confirm the price of the Services until after You place an order to avail such Services.
- 5.3. If a booking for package Service is cancelled or postponed, all monies paid by You shall be retained by Sakhi4life and if applicable a fee for all work completed beyond what was already paid for shall be paid by You to Sakhi4life. The user is also under an obligation to ensure that entire payment for the Services sought to be availed is made to Sakhi4life even if the Services are not being availed by the customer.
- 5.4. Only the individual Services provided by Sakhi4life are amenable to cancellation as per the following terms. For the bookings cancelled with 24 hours of booking, a standard cancellation fee of INR 300 is applicable and the customer is liable to pay the same. In event where Service sum is lower than the cancellation fee, the full sum of Service becomes ineligible for refund. However, no booking for an individual Service can be cancelled after 24-48 hours of the booking and Sakhi4life reserves its right and total discretion in determining the refund, if any, for the said cancelled Services depending on the execution of the Service, investment made by Sakhi4life and involvement of third party Supplier/Service Providers. Subject to other T&C, at no point in time, the user will be entitled to a refund of more than 50% of the price paid subject to sole discretion of Sakhi4life which Sakhi4life assure and acknowledges shall be guided by reasonability and prudence.
- 5.5. The individual Services delegated by Sakhi4life to other third party Supplier/Service Providers are amenable to cancellation as per the terms and conditions of the concerned Supplier/Service Provider. Sakhi4life shall not be responsible for any such cancellation/refund/loss/inconvenience caused either to the user or the Supplier/Supplier/Service Provider in view of such cancellation.
- 5.6. In the event that a Service is listed at an incorrect price or incorrect information, Sakhi4life may, at its discretion, either contact You for instructions or cancel Your order to avail such Service and notify You of such cancellation.
- 5.7. Sakhi4life reserves the right to modify the price of the Services from time to time without prior intimation to You. However, in case of any change in the pricing of the Service already ordered by You but not rendered by Sakhi4life/Supplier/Service Provider, due opportunity shall be provided to You by means of an intimation of the said change, seeking Your instructions for continuing with the modified pricing or cancellation of the Service.
- 5.8. You hereby undertake and acknowledge to make good all the loss suffered by Sakhi4life due to the cancellation of Service whether package or individual.
- 5.9. For refunds or cancellation of Care Plans subscriptions on discounted or special promotional offers run by Sakhi4life, the refund will be provided on the actual price paid for the plan.
6. PAYMENT
- 6.1. All the payment towards the packages/Services of Sakhi4life as stated shall be processed prior to Sakhi4life rendering the Service. Whereas, all the payments for the ancillary Services provided by third parties shall be made by You to the credit of the third-party and Sakhi4life shall not be liable in case of any dispute between the user and the third-party Supplier/Service Provider.
- 6.2. If You fail to make payment in accordance with clause 7.1, for registration/booking of third party Service with Sakhi4life or Services provided by Sakhi4life as the case may be, We reserve the right to charge interest at a rate of 10% per month on the outstanding amount.
- 6.3. While availing any of the payment method/s available on the Website, Sakhi4life 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 present limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason.
- 6.4. In the event the Sakhi4life agrees to accept payment for the Services of any Supplier/Service Provider through the payment gateway mechanism provided on the Website, it shall be doing so solely on the instructions of such Service Provider and shall in no manner be liable to You for collecting and/or refunding any payments received on behalf of such Service Provider. In this regard, You acknowledge and agree that the Sakhi4life is merely a facilitator in relation to receiving payments from You for any third party Services and it is not acting as a trustee in relation to such payments.
- 6.5. All the payments made online via credit/debit card, RTGS, NEFT, Internet Banking, etc., shall be subject to successful authorization from the card holders bank/account holders bank as the case may be.
- 6.6. All the payments made via credit / debit card is maintained, operated and processed by ICICI Payment Gateway/PayTm. Sakhi4life assures and acknowledges that all the information pertaining to the credit/debit card available with Sakhi4life will not be utilised and shared by us with any of the third parties unless required by law, regulation or court order.
7. SUPPLIERS/SERVICE PROVIDERS
- 7.1. Sakhi4life has exercised complete diligence in selection of the Suppliers/Service Providers, nevertheless, Sakhi4life cannot be held accountable for selecting the subject Supplier/Service Provider.
- 7.2. Suppliers/Service Providers are solely responsible for providing You with the Services, products and benefits You request us to order on Your behalf from time to time. For all the third party Services, Sakhi4life shall limit itself to arranging a Suppliers/Service Providers and communicating with them on Your behalf for facilitating the said Service.
- 7.3. Suppliers/Service Providers may impose their own terms and conditions which, in every case apply to the supply of goods and/or Services by the concerned Suppliers/Service Providers to You, and such terms and conditions shall be binding upon You till the conclusion of the Service.
- 7.4. Sakhi4life assures that it shall work with the Supplier/Service Providers to ensure that quality Services are provided in a timely manner in continuity. However, Sakhi4life shall not be responsible for any consequences of delay caused by them.
- 7.5. Sakhi4life shall in no way be liable for any accidents or other damages that may be caused by the Suppliers/Service Providers.
8. TERMINATION
- 8.1. YOUR Agreement with Sakhi4life shall stand termination upon expiry of the Service period for which you have signed up.
- 8.2. Any such termination of this Agreement/user account/Services shall not cancel Your obligation to pay for the Service already booked from this Website or affect any liability that may have arisen under the Agreement.
- 8.3. If Your Membership is terminated, either by You or by Sakhi4life, You are no longer authorized to access the services and all restrictions imposed on You, and all indemnities, disclaimers and limitations of liability set out in this Agreement will survive.
9. LIMITATION OF LIABILITY
- 9.1. Subject to Clause 11 of these T&C, nothing in these T & C shall limit or exclude Sakhi4life’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees or agents (this does not include the Supplier/Service Providers/suppliers);
(b) fraud,theft or fraudulent misrepresentation; or
(c) breach of the T&C of this Agreement. - 9.2. Sakhi4life shall not be liable to the user or its beneficiaries, whether in Contract, Tort (including negligence), breach of statutory duty, or otherwise, for any loss or damages whether direct or indirect arising under or in connection with their Membership or use of their Services; and will not be liable for any loss, injury, damage, theft, costs or expenses resulting from events or acts caused by the user and / or the beneficiary;
- 9.3. Your Contract for the supply of products or Services is made with the relevant Supplier/Service Provider and hence, all Your rights and remedies shall be exercised only against the Supplier/Service Provider.
- 9.4. You acknowledge that any Contract entered into by You with any Supplier/Service Provider is an independent contract. Sakhi4life hereby disclaims any and all liability for any act or omission of any Supplier/Service Provider or any loss incurred by You as a result of any act or omission of a Supplier/Service Provider whether or not arranged through Sakhi4life.
- 9.5. Sakhi4life shall not be liable to You or be deemed to be in breach of these T&C by reason of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond Sakhi4life’s reasonable control.
- 9.6. It is agreed that in the event that You or Your beneficiary is unable to receive the Services on account of an inaccuracy or mistake by You and any inconvenience or delay that ensues are a result of such mistake, shall not be the Sakhi4life’s liability and losses incurred by Sakhi4life as a result of such inaccuracy or mistake may be claimed from You
- 9.7. This clause shall survive termination of Your membership with Sakhi4life or conclusion of the Services.
10. FORCE MAJEURE
- Neither Sakhi4life nor the Supplier/ third party Service Providers shall be held liable for non-performance (either in whole or in part) or delay in its performance of their respective obligations, if caused by Acts of God (including fire, flood, earthquake, storm, tsunami or other natural disaster), civil unrest, rebellion, revolution, terrorist activities, nationalisation, government sanction, lockdown orders issued by the Governement or local civic governance bodies, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone Service and any other event which could not reasonably be foreseen and is beyond the reasonable control of Sakhi4life or the Supplier/Service Providers.
11. INDEMNITY
- 11.1. You agree to defend, indemnify and hold harmless Sakhi4life, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to the Sakhi4life or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Agreement or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of Service by other users of this Website and infringement of intellectual property or other rights or in relation to any claims arising due to providing the beneficiary information. This clause shall survive the expiry or termination of this Agreement and termination of Your membership with Sakhi4life.
- 11.2.You hereby expressly release Sakhi4life and/or its affiliates and/or any of its staff and/or employee and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third party Service provider and specifically waiver any claims or demands that You may have in this behalf under any statute, Agreement or otherwise.
12. WAIVER
- If Sakhi4life fails to insist upon strict performance of Your obligations under any of these T&C, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations. No waiver by Sakhi4life of any default will constitute a waiver of any subsequent default, and no waiver by Sakhi4life of any of these T&C will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
13. MISCELLANEOUS
- 13.1. It is agreed that You and Your beneficiary shall use the Services rendered by the Sakhi4life, its affiliates, consultants, third party Supplier/Service Providers and contracted companies, for lawful purposes only and comply with the T&C, all applicable laws and regulations while using any of the Services.
- 13.2. It is agreed that You and Your beneficiary shall not indulge in any act resulting in breach of any applicable laws.
- 13.3. It is agreed that You and Your beneficiary shall be the single point of contact for Sakhi4life for all matters subjected to the services offered by Sakhi4life. Sakhi4life from time to time providing service related information to the User and the Beneficiary/Beneficiaries only.
14. CONFIDENTIALITY
- The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
15. VARIATION/ALTERATION AND SEVERABILITY
- 15.1. Sakhi4life reserves its right to vary/alter/modify these T&C from time to time and the same shall be notified to You, by Email or by phone. Your continued use of Your Membership with Sakhi4life constitutes acceptance of such variations to these T&C.
- 15.2. All the amendments/variations made to this Agreement in future shall be read as part and parcel of this Agreement unless otherwise intended.
- 15.3. If any clause of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
16. GOVERNING LAW AND JURISDICTION
- 16.1. The arrangement/Agreement/association between Sakhi4life and the users and its beneficiaries shall be construed in accordance with the applicable laws of India. The Courts at Chennai, India shall have sole and exclusive jurisdiction in any proceedings arising out of this arrangement/Agreement/association.
- 16.2. Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement, shall be resolved amicably by mutual understanding, upon failure of the same the dispute may be referred to be resolved by arbitration under the Arbitration and Conciliation Act, 1996 upon mutual Agreement of the parties.
For Sakhi4life Private Limited
Authorised Signatory
Date
For User / Beneficiary
Name
Date