Terms of Usage
Posted as of June 01, 2025
Last updated as of December 01, 2025
This legal agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
This application/portal is created and operated by “XageCare Limited” (hereinafter referred to as“We”,“Our”, and“Us”). We intend to ensure your steady commitment to the usage of this application/portal and the services provided by us through our "https://app.xagecare.uk" (“Application”).
For the purpose of these
- “Privacy Policy” means the policy located under "https://app.xagecare.uk/privacy-policy";
- Wherever the context so required, “We”, “Company”, “Our”, and “Us” shall mean and refer to the Application.
- “Service User” shall mean and refer to individual ailing persons, near relatives/friends/custodian/power of attorney holder of ailing persons (Next of Kin) who avail our platform's services.
- “Carer” the agency, individual or organisation, who provide medical service/care to the service user.
- “Service Manager” Personnel of the Carer who is in a managerial role and manages various Clinical leads.
- “Clinical Lead” Care givers/nurses/doctors who actually are in regular contact with the Service User to provide the medical care and services at home, who are employed by the Carer and reporting to assigned Service Managers.
- “ You ” , “ Your ” , “ Yourself ” , “ User ”shall mean, as applicable, Service User ,Carer, Service Manager and Clinical Lead.
- “Third Parties” refer to any Application, platform or individual apart from the Users and the creator of this Application.
GENERAL TERMS
- The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have no legal or contractual value on Your usage of the Application.
- The terms in the Privacy Policy shall prevail over the Terms of Use. Each type of User shall be governed by the respective terms detailed in the Privacy Policy.
- The use of this application is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Application and any modifications or amendments made thereto by Us from time to time, at our sole discretion. If You as a User continue to access and use this Application, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
- You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to Your use of the Application, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that Your act of visiting any part of the Application constitutes Your full and final acceptance of these Terms of Use and the Privacy Policy.
- We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Application at once. Your continued use of the Application will signify Your acceptance of the changed terms.
REGISTRATION
Registration is mandatory on Our Application. User must register to avail Our services on the Application. Carers must register to be listed on Our Application. Registration will be deemed complete after an email verification and subsequent confirmation on registered email ID. We shall not be responsible for any false claims, misrepresentation, impersonation, fraud etc. from Your part. You shall indemnify Us in the event We are faced by any consequence arising out of Your illegal, negligent, ignorant activity or claim and You promise to compensate Us to the tune of the loss sustained by Us due to the incident.
ELIGIBILITY
- You represent and warrant that You are qualified, competent and eligible to enter into legally binding agreements, are at least 18 years of age and that You have the requisite authority to bind Yourselves to these Terms of Use following the law. However, if You are a minor using this Application, You may do so with the consent of Your legal guardian. All acts of minors shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
- You further represent that You will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
- You shall not use the Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
PAYMENT GATEWAY
For making all payments for the services on the Application, You will be redirected to a third-party payment gateway that We have an agreement with. The payment gateway may additionally seek information from You to process the payment for Your purchase and additionally may charge You the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. Your payment shall be governed by the concerned payment gateway’s terms and conditions, and other policies, for the purpose of all payment-related aspects.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the Carers and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Application.
All the Content displayed on the Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Application and whilst feedback and comments by You can be made via the Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Application. Further, we reserve Our right to suspend the account of any User for an indefinite period, to be decided at Our discretion, or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable license to access the Content on the Application. You shall not copy, adapt, and modify any content without written permission from Us.
INDEMNITY
You agree to indemnify, defend and hold harmless Us, and Our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:
- Your use of the Application,
- Your violation of these Terms of Use;
- Your violation of any rights of another;
- Your alleged improper conduct according to these Terms of use; and/or
- Your conduct in connection with the Application;
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to settle any dispute with any party relating to the Application without consent from Us.
In no event shall We be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Application and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the Application is inoperative/non-responsive due to any connectivity errors associated with Your internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If You have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- We accept no liability for any errors or omissions in the Application, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Application or any service availed of by Us through the Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Application. The services provided by Carers shall be the sole responsibility of the respective Carer and their personals.
- You are to comply with all laws applicable to You or Your activities, and with all Policies published on the Application, which are hereby incorporated into this Terms of Use by reference.
- We expressly exclude any liability for any loss or damage that was not reasonably foreseeable by Us and which is incurred by You in connection with the Application, including loss of profits; and any loss or damage incurred by You as a result of Your breach of these Terms of Use.
- To the full extent permitted by law,We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that Your sole and exclusive remedy for any dispute with Us is to terminate Your use of the Application.
- We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
TERM AND TERMINATION
- These Terms of Use shall continue to form a valid and binding contract between us and You, and shall continue to be in full force and effect whilst You continue to access and use the Application.
- You may terminate Your use of the Application at any time.
- We may terminate these Terms of Use and close Your account at any time without notice and/or suspend or terminate Your access to the Application at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against You that We consider appropriate.
- It is also hereby accepted that We may discontinue the Services and Application without any prior notice.
COMMUNICATION
You can report to "support@xage.care" if you find any discrepancy with regard to Application or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
You expressly agree that notwithstanding anything contained herein above, You may be contacted by Us relating to any services availed by You on the Application or anything pursuant thereto. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.
PATIENT OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that You are a registered user of this Application and You agree:
- To provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
- As a User, to disclose Your present health condition, vitals and past health history including genetic history to the Carer/ Service manager/ Clinical lead when ever is necessary.
- To ensure the name, email address, address, mobile number and any such other information that may be provided during account registration is valid at all times and shall keep Your information accurate and up-to-date.
- Carers shall only engage Service Managers and Clinical Leads who must be qualified in the area of expertise that they represents.Carers or their personals shall not share their personal,religious and/or moral views with the Service User.
- User shall not use the Application for emergency situations.
- Any response provided by the Carer shall not be construed as medical advice from the Application or Us.
- The Carers are absolutely and expressly prohibited to:
- Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
- Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
- Advertise to/solicit Service User in any manner including without limitation by way of using social media handles, including without limitation,facebook, X/twitter, Youtube etc., telephone/ mobile numbers, and address;
- Promote content and activities which are illegal in nature;
- In the event of any breach of these terms We will take appropriate action inter alia ranging from issuing warnings to removal of Carer from, in its sole and absolute discretion, on a case to case basis.
- Any liability arising out of the diagnosis and medication issued by a Clinical Lead will be borne solely by the respective Carer. We are only a platform interface provided for sharing and exchanging information purposes.
- The Application shall be audited on a regular basis by Us for ascertaining compliance by the Carers to the Terms of Use. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Service Users. We will only act in accordance with direct feedback from Service Users regarding Carers.
- You are solely responsible for maintaining the confidentiality of Your account password. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason.
- You authorize the Application to use, store or otherwise process certain personal information in accordance with the privacy policy and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and services.
- Not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with Our prior express written permission.
- Not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of Your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.
- Content generated by the Users and displayed on the Application is not owned by Us and that We are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable Content, which We may then remove from the Application, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Application or the services provided therein (or the servers and networks which are connected to the Application);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Application.
- Use the Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or any other third party (s);
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;
- Violate any applicable laws, rules or regulations currently in force;
- Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Commit any act that causes Us to lose (in whole or in part) the services of our Internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Application;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Application without prior intimation whatsoever.
- You agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, 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;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- abuses, harasses, threatens, defames, disillusions, erodes, abrogates, demeans or otherwise violates the legal rights of others;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- means you publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 threatens or unlawfully harasses anyone;
- threatens the unity, integrity, defence, security or sovereignty of India or the United Kingdom, 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 any other nation.
CARER’S OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledge that you are a restricted user of this Application and you:
- Agree to provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
- The personally identifiable information of the Service User shall be collected by Us on our platform in accoordance with our Privacy Policy.
- Agree to ensure the name, email address, address, mobile number and any such other information that may be provided during account registration is valid at all times and shall keep Your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of Your account password. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason.
- Agree to appoint qualified Service Managers and Clinical Lead only to service the Service Users.
- Shall take the full details of the Service Users, including their history of ailment and then only start the service.
- Shall not change the existing prescription or direction of any medical practitioner under whose care the Service User is already under.
- Shall not make Us responsible for any act negligence or omission of its personal.
- Indemnify Us from any claims for damages from the service Users or any third party caused due to negligence or omission from the part of the Carer or its personnell
- Authorize the Application to use, store or otherwise process certain personal information in accordance with the Privacy Policy and all published Content, responses, locations, User comments, reviews and ratings for personalization of services, marketing and promotional purposes and for optimisation of User-related options and services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with Our prior express written permission.
- Agree not to access (or attempt to access) the Application and/or the materials or services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of Your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Application is not owned by Us and that We are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable Content, which We may then remove from the Application, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Application or the services provided therein (or the servers and networks which are connected to the Application);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Application.
- Use the Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or any other third party (s);
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;
- Violate any applicable laws, rules or regulations currently in force;
- Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Commit any act that causes Us to lose (in whole or in part) the services of our Internet Service Provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Application;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Application without prior intimation whatsoever.
- You agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify ,transmit , or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- abuses, harasses, threatens, defames, disillusions, erodes, abrogates, demeans or otherwise violates the legal rights of others;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- means you publish, post, disseminate, any grossly harmful information, harassing, 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 threatens or unlawfully harasses anyone;
- threatens the unity, integrity, defence , security or sovereignty of India or the United Kingdom, 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 any other nation.
Specific Terms and Conditions
Terms and conditions for Service User:
The Service Users expressly understand, acknowledge and agree to the following terms and conditions below:
- Service Users can choose the Carers. In cases where Service Users cannot choose a Carer, the system uses an algorithm/software-program to find the most available and accepting Carer.
- In case any prescription is being provided to a Service User by the Carer, the same is being provided on the basis of an online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Carers be relied upon as a final and conclusive solution.
- The Service Users agree to use the advice from Carer on the Application pursuant to:
- an ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- The Service User agrees that the Carers do not have hospital equipments while examining the Patient , hence, they may not have or be able to derive important information that is usually obtained in a hospital. Service User acknowledges and agrees that they are aware of this limitation and agrees to assume the complete risk of this limitation.
- Service User understands that the service from Carer shall not form a substitute for treatment by a medical practitioner. Further, the Service User understands that the advice provided by the Carer is based on general medical conditions and practices prevalent, to the best of his knowledge and ability of the attending personal.
- Notwithstanding anything contained herein, We are not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Carer.
- Service Users shall refrain from raising any personal queries or advice on the to the carers which are not related to a specific disease / medicine.
- Service User may share images or videos of the affected areas of their body parts with the carers only if it is absolutely necessary for diagnosing their condition and if they are personally comfortable in sharing such images or videos. We shall not be responsible for any such images or videos shared by the Service Users with the Carers.
- Service User shall not persuade Carers to prescribe drugs (including higher dose strength) that do not conform to the prescription policy. The restricted drugs are as follows:
- Medication for Medical Termination Pregnancy (MTP)
- Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
- If restricted drugs are indicated for treatment or management of a disease or condition by a Carer or its personnel, the Service User shall physically visit their regular medical Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
- Service User understands and agrees to provide accurate information and will not use the Application for any acts that are considered to be illegal in nature.
Terms and conditions for Carers:
- The Carer shall promptly reply to the Service User after receiving Carer’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Carer, We shall have the right to replace such Carers for the purpose of service to the Service User
- The Carer further understands that there is a responsibility on the Carer to provide service to the Service User, by understanding the real need of the Service Users, to support them and if needed, direct them to the medical practitioners.
- The Carer should use all their prudence in extracting history/symptoms of the patient before administering a medicine or treatment and should alert the Service Users about any emergency situation where the patient should take a physical treatment or any other treatment with immediate effect.
- The Carer has the discretion to cancel any consultation at any point in time in cases where the Carer feels it is beyond their expertise or their capacity to treat the Patient.
- Carer shall ensure that the Service Manager and clinical Lead assigned to provide service to the Service User are well qualified and at the same time such personnel are safe at the premises of the Service User. The Carer should maintain adequate communication to ensure the safety of its personnel as well as that of the Service User.
- The Carer hereby agrees to Our team carrying out an audit of their services for the purpose of improving treatment quality, user experience, and other related processes. The Carer acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.
- A Carer shall provide a detailed assessment report to the Service User. The recommended contents of the said consultation summary are as follows:
- Summary of presenting illness
- Provisional diagnosis
- Medicine posology including side effects if any
- Diagnostics
- Lifestyle changes
- Other instructions if any
- Referral for physical consultation (if necessary)
- Where the Carer learns that a physical consultation by a medical practitioner is mandatory for accurate diagnosis and resolution of the case, the Carer shall mandatorily be required to provide a patient referral for physical evaluation by their medical practitioner along with required information.
- Carers shall not prescribe medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the consultation. If any such drugs are indicated for treatment for a given consultation, the Carer shall refer the User for a physical consultation.
- The Carer, if supplying medicine, shall ensure proper prescription of medicine, right medicine as per prescription and should deliver as per regulations and law.
- In the event the Carer learns about physical abuse, sexual misconduct (especially in minors), or patient self-harm (suicide: planned, attempted or completed), the Carer agrees to report such events to the authorities concerned.
- The Carer agrees not to request see for images or video of the Patient’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the Patient’s condition and it is absolutely necessary to arrive at a probable diagnosis.
- It is further understood by the Carers that the information that is disclosed by the Service User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to patient and practitioner privilege.
CANCELLATION AND REFUND POLICY
You are not entitled for any refunds in any case as You use a subscription plan while registering on our Application. The subscription plan provides for re-scheduling and all other recourses available to you. Refunds and cancellations are not allowed on our Application.
However, in a special case, you can share an email/grievance at "support@xage.care" and We shall look at the request on a case-by-case basis.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, We may in our sole discretion, limit Your access and/or activity by immediately removing Your access credentials either temporarily or indefinitely, or suspend/terminate Your association with the Application, and/or refuse to the usage of the Application, without being required to provide You with notice or cause:
- If You are in breach of any of these Terms of Use or the Privacy Policy;
- If You have provided wrong, inaccurate, incomplete or incorrect information;
- If Your actions may cause any harm, damage or loss to the other Users or Us, as determined at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the trade names, trade marks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Application. All logos, trade marks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Application or such other third party and other distinctive brand features of the Application are the property of the Application or the respective copyright or trade mark owner. Furthermore, concerning the Application, We shall be the exclusive owner of all the designs, graphics and the like, related to the Application.
You shall not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Application, to be determined in Our sole discretion.
You are aware all intellectual property, including but not limited to copyright, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that We merely provide the Application through which You can communicate with other Users and the Application does not own any of the intellectual property relating to the independent content displayed on the Application, apart from created graphics and specified content.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You may result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that You are accessing the Application at Your sole risk and are that You are using the best and prudent judgment before availing of any features on the Application or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Application, written or oral, will not create any warranty and We disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with Your use of the Application.
- It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use.
FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform Our obligations hereunder if such delay or failure is due to a cause beyond Our control, without Our fault or negligence, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through arbitration. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use.
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the arbitration shall be borne solely in accordance with the rbitrators award. The arbitration shall be conducted in English, and the seat of arbitration shall be at "London , England ", Consumer shall be free to take appropriate legal actions according to the laws prevailing.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of England and Wales.
MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between You and Us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect Our right at a later time to enforce the same. No waiver by Us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
- Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If You have any questions about these Terms of Use, the practices of the Application, or Your experience, You can contact Us by emailing: "support@xage.care".