CAREUP PLUS BY IEEARC
(Incorporation) Rules, 2014], having its registered office at SIIF Incubation and the registered individual user who has a valid and existing membership of CAREUP PLUS/ CareUp Plus/CareUp Plus by IEEARC or any other service provided by the Company (“Services”) (“ Member” or “you”). “CareUp Plus” / “CareUp Plus by IEEARC” service/ plan/ membership is brought to you by Indian Health Organisation Pvt Ltd., a fully owned subsidiary of IEEARC. If you are accessing and using the Services through CareUp Plus by IEEARC mobile application, then this Agreement will continue to apply to such access and use as well. In addition, there may be additional terms (which includes but not limited to the terms imposed by mobile application stores and/or the terms updated on the CareUp Plus by IEEARC Mobile App) which will govern the use of the mobile application. Company and you may also be referred to together as “Parties” or individually as “Party” in course of the Agreement.
2. CareUp Plus helpdesk can be contacted anytime from 8 am till 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays. The helpdesk contact number is 1800 103 4466.
3. It is hereby declared that the Company is not a merchant, manufacturer, or provider of medical services, save for its provision of virtual health services. Company makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Company also does not authorize anyone to make any warranty on Company’s behalf. Company and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time.
4. SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES.
The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
5. The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, the Company does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The Company shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
6. You shall not deliberately use the Services in any way that is unlawful or harms the Company or Medical Service Providers, Company’s directors, employees, affiliates, distributors, partners, service providers and/or other Members. If the Company suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights the Company may have, the Company reserves the right to inform the relevant government or law enforcement authorities. The Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
7. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Company and update information from time to time.
8. By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. Further, you hereby unconditionally give your consent to Company or its representatives to send you welcome kit via SMS/Email/Whatsapp/Physical mode or any other mode at the sole discretion of the Company and You have no objection to the same. You agree that your mobile number as provided by You shall be used as your default mobile number for receiving welcome kit whether through SMS/Whatsapp. It is your responsibility to ensure that the contact details provided by you is correct.
9. Coupons / voucher /offers / services issued to you by Company as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME.
10. Any voucher offered by Company may be issued in such manner and form, whether paper, electronic or otherwise, as Company deems fit. The right to utilize the voucher shall vest with an active member, subject to a condition that the voucher is utilized before its expiry date. In exceptional cases, some vouchers/ offers/services may be redeemed by/ made available by customers who are not Members; subject to the sole discretion of Company. In such case, the non Member is deemed to have agreed and accepted the terms and conditions of the Agreement.
11. Any advice provided by any Medical Service Provider or the virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither Company nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or virtual health service to you.
12. The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and may be subject to certain limitations Consequently in no event shall Company and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Company in any manner whether or not Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Company for the Services in the 12 months preceding the cause of action. You specifically agree and understand that neither Company nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm.
13. The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Company. Company shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or nonmedical, professional or non-professional of any Medical Service Provider for any reason whatsoever.
14. Company is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Company may deem fit.
15. Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
17. MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Company, you will become a Member and will be entitled to the Services during from such date until the date of expiry stated on the Company’s membership card which will be sent to you.
18. CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the Company or sending an email within first 14 days of receiving the welcome kit from the Company and the amount paid by the member shall be refunded by the way of electronic transfer or account payee cheque. Post the expiry of the 14 days, from the date of receipt of welcome kit by the Member, no refund shall be made to the Member, in any case whatsoever.
19. RENEWAL OF MEMBERSHIP: Members may be informed by Company about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Company receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Company is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Company is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Company receives full payment for your membership for the next term.
20. RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
21. LOST CARD: In case of loss of membership card, for any reason whatsoever, Company will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card. You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to help desk.
25. INTELLECTUAL PROPERTY: Company respects the intellectual property rights of others, and it expect the same from you. All the content on Company’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the Company’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Company or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Company to you in respect of such works. Company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package. Notwithstanding the generality of the foregoing, the name, “Indian Health Organisation”,
“CareUp Plus”, “CareUp Plus by IEEARC” and “IEEARC” are the trademark and copyright (or any other intellectual property right) of the Company and/or its Parent Entity. Any use of these trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Company and may be actionable under the applicable laws. When you use the Company’s website in accordance with this Agreement, a limited royalty-free right is granted to you by Company for personal and non-commercial use in India for the time that you are Member. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise. You hereby agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Company, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership on Company’s website as well as the product/coupon/voucher/package.
26. REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that
a) You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will
b) All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;
c) You will use the Services solely for your personal and non-commercial use; and
d) You will not use the Services in any way that is unlawful, or harms any person or entity.
27. INDEMNIFICATION: You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.
28. TERMINATION: Company reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the Company’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Company shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Company in connection with such suspension or termination.
29. GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. However, the Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
30. GENERAL PROVSIONS:
a. Severability. If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
b. Notices. All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company:
i. at Company’s service email id i.e. customerservice@CAREUP PLUS.in; ii. by sending physical mails at 213-B, Okhla Industrial Estate, Phase-III, Delhi-110020
If to you:
i. at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the Company.
c. Waiver. No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
d. Complete Understanding. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
e. Force Majeure. Company shall not be liable for any deficiency or delay in Service caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
32. Company does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic
33. You understand and agree that any interactions and associated issues with the healthcare practitioners over an audio-visual medium, such as in the case of Company’s virtual health services, has inherent limitations as compared to physical consultation such as: without limitation:
a) In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.) ;
b) There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;
c) In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
d) The health care practitioner may, in his or her sole discretion and professional judgment, determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through Company’s virtual health service.
If you decide to use Company’s virtual health service, you do so in full awareness of such limitations.
34. Company has undertaken basic due diligence at the time of engaging a healthcare practitioner for its virtual health service such as checking his/her medical council registration.
Company does not warrant that the healthcare practitioners engaged for the purpose of providing virtual health services shall be possessed of any particular skill or qualification other than what is expressly communicated to you by the Company.
35. You hereby agree that you shall strictly adhere to the advise and instruction received by you under the virtual health services.
36. You shall inform, or arrange to inform, help desk as soon as possible if a medical emergency develops or in the unfortunate event of death.
38. Before using virtual health services, you agree that you are aware and understand that:
a) Virtual health services are not intended to replace existing primary physician relationship.
b) Medical services rendered by health care practitioners under virtual health service are subject solely to their professional judgment.
c) It is not necessary that medication will be prescribed to you. The health care practitioner may prescribe medications when medically indicated in their sole professional judgment..
d) No Schedule X drugs (i.e. psychotropic and other mind altering drugs) shall not be prescribed to you because of their potential for abuse.
e) Use of Company’s virtual health service is not for emergencies. You will not use Company’s virtual health services for medical emergencies except when no other alternative is available. Company hereby clarifies that its virtual health services is not intended to support medical emergency cases.
39. COMPANY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY AND/OR LIABILITY FOR (I) THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF THE VIRTUAL HEALTH SERVICES (II) ACCURACY OR
COMPLETENESS OF THE PROFESSIONAL OPINION OF HEALTHCARE PRACTITIONERS WHO INTERACT WITH MEMBERS AS PART OF VIRTUAL HEALTH SERVICES (III) TIMELY TRANSMISSIONS OF DATA.
40. COMPANY EXPRESSLY DISCLAIMS ANY LIABLITY ARISING OUT OF ANY PREEXISTING MEDICAL CONDITION, ANY ADVERSE DRUG REACTION, MEDICAL
PROCEDURE RELATED CONDITION THAT IS NOT CONNECTED TO COMPANY, NEGLIGENCE OR MISCONDUCT OF HEALTHCARE PRACTITIONER ENGAGED BY COMPANY FOR VIRTUAL HEALTH SERVICES.
41. For availing certain health check facilities you need to comply with certain conditions as directed.
42. Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.
43. Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the
profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile voucher as A or B. The responsibility of collecting the test reports shall be on you pursuant to the redemption of voucher, and the same shall be collected from the concerned laboratory, where the test was conducted.
44. It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service
Provider. In the event of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk.
45. For availing pharmacy voucher/e-voucher benefits you need to comply with Voucher T&Cs and terms as detailed below.
46. The pharmacy voucher/e-voucher shall entitle you to order medicines ONLY and not the toiletries, cosmetics, FMCG products or the products of similar kind.
47. The pharmacy voucher/e-voucher is applicable only at retail pharmacy outlets and not acceptable on at Hospital based pharmacies.
48. For prescription based medicine orders, a valid prescription from an authorised doctor is required for the fulfilment of the order.
49. Payments for the order value exceeding the denomination value of the voucher/e-voucher shall be paid by you at the time of availing the voucher/e-voucher. If the order value is less than the denomination value of the voucher/e-voucher, then the balance amount shall be forfeited and cannot be refunded or adjusted in any manner whatsoever. The voucher/ evoucher is valid for single transaction only and cannot be clubbed with any other offer or discount.
50. The delivery and/or COD charges shall be borne by you and shall vary from pharmacy to pharmacy.
51. All orders shall be placed at least 7 working days before the end of the validity period of the voucher/e-voucher.
52. The usage of the voucher/e-voucher is at your sole discretion. The voucher /e-voucher is not redeemable for cash or credit.
53. Any sale of the medicines by the pharmacy will be as per the applicable Indian Drugs and Cosmetic Act 1940.
54. Company holds no responsibility for any misrepresentation and/or over-charging of any amount in excess of Maximum Retail Price (MRP) of products and/or for any direct or indirect damage, loss, or health problems that may arise from the use of any products offered by the pharmacy.
55. Fulfilment of orders is subject to availability of product(s) at the time of processing the order.
56. The Healthcare@home services shall enable you to avail certain healthcare related services at your doorstep depending upon your requirements and/or medical diagnosis as well as the type of the medical services being provided by the Service Provider, subject to the availability of services by the Service Provider (hereinafter collectively referred to as “Services”).
57. Nursing pricing shall be based on the gravity of the case/ illness and the level of severity.
58. To avail of the Company’s Healthcare@home services, you shall be required to contact Company by calling the relevant help-desk number (“Helpdesk”) between 8 am and 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays.
59. You hereby agree that the payment shall be made through debit card/ credit card to the Service Provider, and the same shall be credited into the bank account designated by the Service Provider before availing the services.
60. Once the request for the appointment is generated by you, Company’s representative shall call you to confirm the appointment within 24 (twenty four) [working] hours from the receipt of the request for such appointment with the concerned Specialist. Once the appointment is confirmed, the Specialist shall visit at the address provided by you to Company’s representative while fixing the said appointment.
61. Any of the offers for availing of the Services cannot be clubbed with any existing offers and schemes or with any other offers or schemes provided by the Company, at any given point of time. It is hereby clarified that the confirmation for the appointment for availing the Services shall at all times be subject to the availability of the Specialist(s).
62. Interest rate/ processing fee charged by the credit card holder’s credit card issuing bank is to be borne by the credit card holder only.
63. All applicable interest/processing fee charges are levied by the credit card’s transactional bank, Company has no accountability whatsoever, on the levied charges.
64. In case of cancellation, Company’s cancellation policy will be applicable, and in case of approval of cancellation, Company shall only refund the CareUp Plus Company product’s standard amount & shall not be responsible for reversing or refunding any interest /processing fee charged by the credit card holder’s credit card issuing bank.
65. The EMI amounts displayed / indicted for the membership is of tentative nature in lieu of approximate calculation. The actual EMI amount as per selected tenure might vary as per interest charged by the credit card issuing bank(s), & Company shall not bear any and all accountability for any such change in interest / processing fees charged by the credit card issuing bank for any transaction done for purchase of Company’s product(s).
Terms & Conditions: Referral Campaign
1. Indian Health Organisation Private Limited (hereinafter referred to as "CAREUP PLUS”, which expression shall mean and include its successors and permitted assigns) has come up with a Referral Campaign for all existing CAREUP PLUS Customers and CAREUP PLUS Employees (hereinafter referred to as ‘Participant’ or ‘You’).
2. By participating in this Referral Campaign, You agree to be legally bound by and abide by the below stated terms & conditions (T&Cs). These T&Cs are a binding agreement between CAREUP PLUS and You. You confirm and acknowledge that you have read, understood and agreed to conform to these T&Cs.
3. If you do not agree to these T&Cs, please do not participate in this Referral Campaign. CAREUP PLUS reserves the right to amend, modify, change, add or terminate these T&Cs or discontinue this Referral Campaign without any further notice.
4. This Referral Campaign is valid from 3rd Dec , 2020 at 00:00:00 hours till 31st Jan 2021 at 23:59:59 hours (both days included) for CAREUP PLUS Members and from 3rd Dec, 2020 at 00:00:00 hours till 31st Dec 2020 at 23:59:59 hours (both days included) for CAREUP PLUS Employees, (hereinafter referred to as ‘Referral Campaign Period’). The participation in the Referral Campaign is open only for the Referral Campaign Period.
5. This Referral Campaign is exclusively for existing CAREUP PLUS Members and CAREUP PLUS Employees (‘Participants’) as on date of start of the Referral Campaign.
6. In the Referral Campaign, the Participants who wish to participate shall give referrals to CAREUP PLUS who in turn will follow up with such referrals. The top 3 CAREUP PLUS Members and top 3 CAREUP PLUS Employees whose maximum referrals converts into Qualified Referrals (defined hereinafter) becomes eligible for Incentive. Any such top 3 CAREUP PLUS Members and top 3 CAREUP PLUS Employees shall be shortlisted by CAREUP PLUS purely on the basis of highest number of conversion of their referrals. The referrals to be shared by the Participants needs to be of non CAREUP PLUS Members (hereinafter referred to as ‘Campaign’ or ‘Referral Campaign’).
8. CAREUP PLUS shall in no case whatsoever be liable to any Participant for not being able to avail the Campaign due to any circumstances whatsoever.
9. The Incentive to be given to the top 3 CAREUP PLUS Members and top 3 CAREUP PLUS Employees will be announced by 15th February, 2021 The winners shall be announced by CAREUP PLUS in its sole discretion. The top 3 winners from CAREUP PLUS Members and CAREUP PLUS Employees shall be entitled to reward worth INR 5,000, INR 3,000 and INR 1,000 respectively. The reward will be in form of Vouchers or any utility item of similar price range but not cash (hereinafter referred to as “Incentive/Referral Reward”).
10. Post selection of winners, the results will be announced via email or any other mode of communication and winners will be contacted by CAREUP PLUS executive.
11. CAREUP PLUS reserves the right to disqualify any Participant from participation in this Campaign without any obligation to furnish any notice and/or reason.
12. The Incentive/Referral Reward is not transferable, exchangeable for cash or any other items.
13. By participating in the Campaign, the Participant is deemed to have accepted and agreed to be bound by these T&Cs and any other instructions, terms and conditions that CAREUP PLUS may issue from time to time.
14. After announcement of winners, CAREUP PLUS shall make 1st (First) attempt within 48 working hours after completion of announcement period to contact the winner on their registered mobile number (as per CAREUP PLUS’s records) to inform about the Incentive/Referral Reward and the process of claiming the Incentive/Referral Reward. CAREUP PLUS shall make total of two attempts to contact the winners.
15. The Incentive/Referral Reward will be forfeited and the winner agrees to surrender the Incentive/Referral Reward if:
a. The winner does not get contacted after two attempts; or
b. The winner does not claim the Incentive/Referral Reward.
17. By participating in this Referral Campaign, You have given CAREUP PLUS the right to contact your referral by any means of communication including whatsapp as per the contact details shared by You.
18. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the all material or content related to the Referral Campaign shall remain, at all times, owned by CAREUP PLUS. All such material or content contained is made available for Participant’s personal and non-commercial use only.
19. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of the Referral Campaign, delay in sending or receiving the communication by any means for participating in the Referral Campaign, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Referral Campaign or any transactions effected through the Referral Campaign; (b) The Participant expressly agree that his/her participation in the Referral Campaign is at his/her sole risk and is governed by the T&Cs herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS/emails/ whatsapp/App, as applicable, shall be construed to mean the giving of any warranty of any kind.
20. The Incentive/Referral Reward under this Campaign are neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
21. The Incentive/Referral Reward to the winners shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Incentive/Referral Reward and on production of all such documents/papers as may be required by CAREUP PLUS. Any failure on the part of the winner(s) to comply with directions issued by CAREUP PLUS for claim of Incentive/Referral Reward shall entitle CAREUP PLUS to forfeit the Incentive/Referral Reward.
22. Any Participant providing any incorrect information or concealing/withholding any information from CAREUP PLUS with intent to participate and/or be chosen as the winner(s) of the Referral Campaign will automatically be disqualified from participating in it.
23. The Participants shall indemnify and keep indemnified CAREUP PLUS and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which CAREUP PLUS may incur, pay or become responsible as a result of breach or alleged breach of the obligations of the Participants under the T&Cs hereunder, any failure by the Participants to comply with applicable law and any third party claim in respect of misuse of any information of a third party by the Participants. CAREUP PLUS shall have the right to defend itself, pursuant to this clause, at the cost of the Participants. CAREUP PLUS and its respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Participant(s) and/or winner(s) or any third party, in connection with the Referral Campaign.
24. It is expressly provided that any person who is not a party to these T&Cs shall have no right to enforce or receive any benefit of these T&Cs.
25. All incidental costs, taxes or levies related to the Incentive/Referral Reward, if any, shall be exclusively borne by the winners, including but not limited to TDS, gift tax (if any), and any other taxes applicable by the Central, State or Municipal government.
26. By participating in the Referral Campaign, Participants confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages via SMS / Email / Call/ Whatsapp for current and future Referral Campaigns from CAREUP PLUS.
27. This Referral Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of CAREUP PLUS (“Force Majeure Event”). CAREUP PLUS shall not be liable for any delay or adverse effect caused to this Referral Campaign as a result of a Force Majeure Event. CAREUP PLUS shall intimate the suspension of Referral Campaign caused as a result of such Force Majeure Event to the Participants within reasonable time.
28. This Referral Campaign is subject to guidelines/ directions issued by any applicable competent authority (Government or otherwise) from time to time.
29. CAREUP PLUS shall not be responsible for any claims arising out of technical failures before or during the Referral Campaign or after the completion including but not limited to any technical failures causing delay in sending or receiving the communication for participating in the Referral Campaign and/or regarding declaration of winners, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct updates or any failures arising out of technical snags or resultant inability of the Participants.
30. CAREUP PLUS reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Referral Campaign or any part thereof including the eligibility criteria, the T&Cs and Incentive/Referral Reward at its sole discretion, at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond its control and the same shall be binding on the Participants.
31. Failure by CAREUP PLUS to enforce any of its rights at any stage does not constitute a waiver of those rights. Further, CAREUP PLUS may assign any of its rights within the Referral Campaign to any party without prior intimation to Participants.
32. CAREUP PLUS does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants.
33. The winners understand and agree that CAREUP PLUS, its directors, members and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a winner and/or any third party, directly or indirectly, by use or non-use of the Incentive.
34. Apart from the entitlement to the Incentive/Referral Reward, the winners or their legal heirs/successors/representative will have no other rights or claims against CAREUP PLUS. Maximum aggregate liability of CAREUP PLUS shall not exceed value of the Incentive/Referral Reward that a winner is entitled to in case of any dispute with said winner in pursuance to the T&Cs herein.
35. The Participant/winner hereby provides his/ her irrevocable consent for sharing /submission of his/her personal information and of their referrals to CAREUP PLUS, and subsequent use by CAREUP PLUS of such information for lawful purposes as per its discretion.
36. Post winners declaration and completion of their announcement and further process, as the case may be, if CAREUP PLUS finds that the declared winners are wrongly stated, then CAREUP PLUS reserves the right to declare the correct winners again and cancel the Incentive/Referral Reward of winners declared earlier.
Company’s Privacy Statement
Welcome to Company’s web and mobile experience. This Company Web & Mobile Privacy Statement (the “Privacy Statement”) describes our practices in connection with information we collect through software applications (including mobile applications) and websites that we operate and that contain a link to this Privacy Statement (an “Application” or, together, the “Applications”). This Privacy Statement is designed to transparently describe our privacy practices, in a format that is easy to navigate, read, and understand. We are committed to treating your information with care and respect and managing our Applications in a manner which is compliant with law.
As you navigate our Applications and communicate with Company (sometimes referred to as “we” “us” or “our”) via the Applications, we may ask you to disclose certain information so that we can provide you with the highest quality information and services. In order for you to make an informed decision about whether to disclose your information to us via the Applications, we are providing you with the following information about how we collect and use your information.
What does this statement cover? >
What types of information do we collect? >
How do we acquire and use personal information? >
How do we acquire and use non-personally identifiable information? >
How do we protect your information? >
Your email >
Linking to other websites and applications >
Changes to Company’s privacy statement >
What does this statement cover?
This Privacy Statement describes our practices in connection with information we collect through Applications that contain a link to this Privacy Statement. We are not responsible for the privacy practices of any third party service providers (such as Internet Service Providers (“ISPs”) or cloud service providers) or other third parties operating websites or applications to which the Applications link. The inclusion of a link on Company’s Application does not imply that Company endorses, or otherwise monitors the privacy practices of that linked third party website or application.
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What types of information do we collect?
We may collect two basic types of information: Personal Information and Non-Personally Identifiable Information. By “Personal Information,” we mean data that is unique to an individual, such as a name, address, PAN Number, e-mail address, telephone / mobile number, family members info and certain personal device information, as described below. By “Non-Personally- Identifiable Information,” we mean information that does not identify you personally, but can provide us with usage data, either individually or in the aggregate. Non-Personally Identifiable Information may include demographic information, aggregated information, certain information collected automatically through your device such as web browser information, server log files, cookie technology, pixel tags or beacons, and other technologies, and other non-personally identifiable information collected by us or provided by you.
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How do we acquire and use personal information?
We acquire Personal Information when you voluntarily register or create a personal profile with us, or request products, services, or information from us. We may also automatically collect certain personal device information – such as physical location, IP address, application activity, data usage and malware information – to authenticate you and/or your personal device for purposes of Application security and to help prevent fraud and data loss. In some cases, and in all cases where required by law or regulation, you will be able to update the information that you provide to us either by sending us an e-mail or, where you have established personal profiles with us, by updating your profile online.
We may use Personal Information for the following purposes:
Verifying your identity so that we can be sure that all of our communications with you are secure and confidential, for Application security,and to help prevent fraud and data loss;
Responding to inquiries or requests from you;
For audit and quality purpose, to improve our services and allowing us to serve your better.Delivering web-based products and services to you, such as our health risk assessment.
To send you marketing and promotional communications that we believe may be of interest to you, if permitted by law.
Except in connection with the sale, transfer, merger, consolidation or other transaction involving all or part of our company, we will not sell, license or otherwise transfer any rights to your personal information to any third party unless expressly authorized by you. We may transmit or disclose your Personal Information to third parties for the following purposes:
If required by law or any competent authority, in response to any summon, regulatory oversight, or other legal process;
To enable Company’s contractors or vendors to perform certain services for us, including, but not limited to, Application maintenance and performance improvement tasks.
This Application will not knowingly collect personally-identifiable information from minors under the age of eighteen (18) without their parents’ consent.
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How do we acquire and use non-personally identifiable information?
When you visit or use our Applications, we collect certain Non-Personally- Identifiable Information and aggregate information about you. This data helps us to analyze and improve the usefulness of the information and services we provide through our Applications. Because Non-Personally Identifiable Information does not personally identify you, we may use and disclose such information for any purpose permitted by law, including:
We may automatically collect certain web browser information. Web browsers collect and store information about the type of device and operating system you are using to access our Applications, as well as your device’s media access control (“MAC”) address for facilitating network communications. Accessing this information helps us to establish a secure and consistent connection to you and to customize experience and content when you use our Applications.
“Cookie” technology. A "cookie" is an element of data that we can send to your browser when you link to our Applications. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, our Applications are able to recognize repeat users, track usage patterns and better serve you when you return at a later time. The cookie does not extract Personal Information.
Tracking pixels or beacons. These techniques use electronic files to track your navigation of our Applications, your completion of transactions and other browsing behavior.
IP Address: When you subscribe to an Internet Service Provider (ISP), your computing device is assigned an IP Address. We may track and store this address to help us manage security, monitor usage volume and patterns, and to customize experience and content when you use our Applications.
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How do we protect your information?
The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification. We regularly review our security practices to consider appropriate new technology and methods. We also periodically subject our Applications to simulated intrusion tests. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.
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We welcome your comments or questions about our Applications and have provided e-mail boxes in Contact Us section for that purpose. We will share your comments and questions with our customer service representatives for addressing your questions and concerns. Please note that your e-mail, like most, if not all, non-encrypted Internet e-mail communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. If you wish, you may contact us instead via telephone at the numbers provided in the Contact Us section or, in the case of our health plan members, at the toll-free number that appears on your membership card.
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Linking to other websites and applications
From time to time, our Applications may provide links to other websites or applications, not owned or controlled by the Company, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various non- Company’s websites or applications do not constitute or imply endorsement by the Company of these websites or applications, any products or services described on these sites, or of any other material contained in them. We may also provide links to other websites or mobile applications that are controlled by an Aetna-owned company, but that operate independently of the Applications. Privacy policies applicable to those sites and applications will appear on those sites and applications and may differ from this Company's Privacy Statement.
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Changes to Company’s privacy statement
Company may change this Privacy Statement from time to time; when updates are made, the version date (located at the bottom of this Privacy Statement) will also be updated to reflect that a revision occurred. We encourage you to periodically review this Privacy Statement to see if there have been any changes that may affect you. This Privacy Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.