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Terms and Conditions of Service

General

Prayojana Golden Years Services Private Limited (hereinafter referred to as Prayojana) is pleased to make its services, as described below, available on the following terms and conditions.

  • Terms and Conditions of Service are a legal contract between the individual using the service (“you”, “Yours”, “Yourself”) and Prayojana Golden Years Services Private Limited (“Company”, “we”, “us”, “our”, or “ours”)
  • Terms and Conditions of Service referenced here are for using this Website, the Services and Products offered on or off the website, Purchase of Services and Products, Delivery of Services and Products, Payments for transactions on or off the Website, and other transactions on or off the Website.
  • This website www.prayojana.in is owned by or licensed to Prayojana and any reproduction is prohibited.
  • As referenced in this agreement, "Site" means the website operated by the Company and currently located at www.prayojana.in, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into the website.
  • The terms "Prayojana" or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an "App"), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.
  • Your access to and use of the Services is expressly conditioned on your acceptance to and compliance with these Terms and Conditions.
  • Terms and Conditions apply to all visitors, users and others who access or use the Services provided by Prayojana via this Website or otherwise.
  • Terms and Conditions of Service, together with the terms and conditions contained in the "Privacy Policy" and the “Disclaimer Clauses” shall constitute an Agreement between the individual using the service and Prayojana.
  • All the Terms and Conditions applicable to the user are equally applicable and binding on its beneficiaries.

By using this site, you

  • acknowledge that you agree that you have read, understood, and agree to be bound by the Terms and Conditions of Service, as updated from time to time, and
  • acknowledge that you have read and understood the contents of our Privacy Policy (available at: https://www.prayojana.in/privacy policy), as updated from time to time.

Upon Acceptance,

  • these Terms and Conditions of Service will constitute a legal, valid, binding Agreement between the individual using the service (“you”, “Yours”, “Yourself”) and Prayojana.

User Eligibility

  • Use of this Website is available only to persons who can legally contract under Indian Contract Act, 1872.
  • Persons below the age of eighteen (18) years, un-discharged insolvents etc, are advised to transact through their parents or legal guardian.
  • In the event, it is brought to our notice that the website is accessed by anyone not eligible by law, we reserve the right to terminate such membership or prevent such access.
  • It is agreed that User and beneficiary shall be the point of contacts for Prayojana for all matters relating to the services offered by Prayojana.
  • The user undertakes to provide all material information for purposes of availing service from Prayojana.
  • Prayojana will assume that the information submitted by the user at any time through the website or through other channels is factually accurate and updated at all times.
  • Any failure or omission on part of the user in rendering true facts or disclosing material facts shall result in immediate cancellation of the Service. The user shall be responsible to the Service provider for any loss incurred due to the said default and Prayojana shall not be held responsible for the same at any point in time.
  • User agrees and acknowledges to receive promotional content from Prayojana through the website or through other channels.

Account Creation and Security

  • User and/or beneficiaries are responsible for safeguarding relevant password to access this Website and to process any transactions or activities through Prayojana or a third-party Service provider associated with Prayojana.
  • User and/or beneficiaries are responsible to notify Prayojana if any breach of security or unauthorized use of account is suspected.
  • Prayojana shall not be responsible for any loss of data stored in the user account due to negligence of the user in handling the account and safeguarding the password.
  • User and/or beneficiary are accessing this Website and transacting at their own risk and shall use their best and prudent judgment before entering into any transaction through this Website.

Services and Products offered

General

  • Prayojana shall provide package based and individualised Services to its users either through its own or through third party Service Providers.
  • Prayojana shall provide Services to its users as described in the ‘Services’ section of this website (not all inclusive).
  • Prayojana shall provide Services for the period of time opted by the user and upon expiry of the Service period, all obligations of Prayojana shall cease.
  • Prayojana shall not be required to provide Services that violate applicable laws and regulations of the country.
  • If Prayojana is unable or not obliged to deal with any request, it will inform the user as soon as reasonably practicable.
  • User/beneficiary hereby authorises Prayojana to provide the Beneficiary's personal and medical information to the service providers facilitated by Prayojana.
  • User/Beneficiary hereby authorizes Prayojana to use information about user/beneficiary, as may be required from time to time, to fulfill its continuing obligations.
  • Prayojana shall endeavor to meet specified performance dates, but such dates shall be construed as estimates only and time shall not be a ground for performance of any services, unless otherwise specified.
  • User agrees and acknowledges that apart from the booking and registration charges for individual Services or packaged Services as the case may be, the user is under an obligation to reimburse all the expenses borne by Prayojana, unless otherwise agreed upon.

Third Party Products and Services

  • Prayojana shall facilitate and provide Services such as cleaning, plumbing, electrical, home safety, gadget repairs, etc either by its own staff or through third- party Service providers.
  • All third-party Service providers are independent contractors and Prayojana shall only act as a mediator/facilitator for booking and registering the requisite Service for its users.
  • Products and Services from third-party Service providers are agreements between the user and the concerned Service Provider and Prayojana is not a party to such Agreement.
  • User undertakes not to directly or indirectly hire Services from third party Service providers availed through Prayojana without prior intimation to Prayojana.
  • User undertakes to inform Prayojana of changes sought in the Services rendered by the Service providers of Prayojana.
  • User undertakes to inform Prayojana of changes sought in the Services rendered by the Service providers of Prayojana.
  • User undertakes to inform Prayojana of changes sought in the Services rendered by the Service providers of Prayojana.
  • In respect of travel and conveyance Services, Prayojana shall endeavour to ensure that the beneficiary is picked up and/or dropped off at the location on time. Prayojana shall not be liable if the Service provider arrives late for any pick-up and/or drop Services.
  • Prayojana shall in no event be held liable for any accident or other incidents beyond the control of Prayojana.
  • In case of any emergency, arising due to the act/omission of the third-party Service provider, Prayojana shall endeavour to provide assistance to the beneficiary to handle the situation and address the concerns, if any.

Health Care Services

  • Prayojana shall provide assistance to its users for Health Care Services whenever opted.
  • Prayojana shall put forth a team of empanelled doctors to the user/beneficiary to provide an initial health profiling. This team will do regular periodic assessment of the health of the user/beneficiary, and to provide medical advice and opinion on health-related issues.
  • Prayojana shall provide services relating to diagnostic, pharmacy, nurses, attenders, physiotherapy needs, etc through Prayojana validated third-party Service providers.
  • User/beneficiary of Health Care Services shall use discretion and process the information, advice and opinion on health-related issues at their own risk and assume full responsibility for use of the Services.
  • In the event of an emergency, Prayojana shall extend its best efforts to provide medical support to the beneficiary on time. However, any delay caused due to reasons beyond the control of Prayojana or consequences arising out of such delays shall not be the liability of the Prayojana.
  • Prayojana shall at all times endeavour to ensure that the beneficiary is reached on time or necessary alternative arrangements are made to address their concerns. However, Prayojana shall not be responsible for any delay caused to reach the beneficiary or arrange for immediate assistance under circumstances beyond the control of Prayojana, its staff and affiliates which includes but is not limited to mobile network failure, internet traffic congestions, environmental conditions, road traffic congestions, etc., or any other technical issue.
  • Prayojana shall ensure that the beneficiary is taken to one of the hospitals stated by the user/beneficiary at the time of registration, until unless the condition of the beneficiary demands otherwise.
  • Prayojana shall in no event be liable for any actions taken by the hospital or for decisions taken by any other person at such given time.
  • In the event of an emergency, if a third party has already initiated action before Prayojana, then Prayojana shall not interfere with the same until requested by user/beneficiary.
  • Prayojana shall provide updates to the user/beneficiary on the situation and on the health condition of the beneficiary as reported to it by the hospital or any other medical professional providing emergency medical assistance.
  • The user agrees and acknowledges that all expenses incurred by Prayojana in rendering and facilitating emergency Services shall be reimbursed to Prayojana.
  • Prayojana shall not be held liable for any attempt by user/beneficiary to self- medicate or for wrongly ordered medicines.
  • User/Beneficiary is responsible to verify correct medicines are ordered and delivered by the pharmacy including expiry date.
  • Prayojana shall not be held liable for not providing medical emergency services upon expiry of the contract.
  • The user agrees and acknowledges that Prayojana shall not be held liable for providing medical emergency assistance unless the beneficiaries have provided Prayojana with the required details during the health profiling which is conducted during the registration process by Prayojana to create an emergency assistance plan for the beneficiary which is signed by the beneficiary. Prayojana However, shall ensure that the beneficiary is taken to one of the hospitals stated by the user/beneficiary if the Health Profiling is not completed by the beneficiary.

Pricing

  • Prayojana shall publish the types of Price plan, duration of service, promotional offers, and special discounts, in the website and in other channels.
  • User/beneficiary shall during the registration process exercise the option to choose
  • the type of Price plan, and
  • duration of service
  • Prayojana shall take all precautions to ensure accurate pricing information is published in the website. In the event that a Service is listed at an incorrect price or incorrect information has been inadvertently published, Prayojana may, at its discretion, either contact user/beneficiary for further instructions or cancel the request to avail such Service and notify user/beneficiary of such cancellation.
  • Prayojana shall take all precautions to ensure accurate pricing information is published in the website. In the event that a Service is listed at an incorrect price or incorrect information has been inadvertently published, Prayojana may, at its discretion, either contact user/beneficiary for further instructions or cancel the request to avail such Service and notify user/beneficiary of such cancellation.
  • Prayojana reserves the right to modify the price of the Services from time to time without prior intimation to User/beneficiary. Such price modifications shall not have any impact on existing plans signed by the user/beneficiary and shall be applicable to future plans and Service requests from the user/beneficiary.
  • Services rendered by third-party Service providers mediated/facilitated by Prayojana are covered as per the price plans provided by the respective third-party service provider. Prayojana shall not be responsible for incorrect price or incorrect information from third-party service providers.

Payment

  • All payments towards Services rendered by Prayojana shall be made by user/beneficiary to the credit of Prayojana.
  • All payments towards Services rendered by third-party Service provider mediated/facilitated by Prayojana shall be made by user/beneficiary to the credit of the respective third-party.
  • Payments shall be made by user/beneficiary to Prayojana by cash, cheque, online via credit/debit card, RTGS, NEFT, Internet Banking, etc.
  • Payments shall be made by user/beneficiary to third-party Service provider mediated/facilitated by Prayojana as per the mode of payment stipulated by the third-party Service provider. Prayojana shall not be liable in case of any dispute between the user and the third-party Service provider with respect to these payments.
  • Online payments via credit/debit card, RTGS, NEFT, Internet Banking, etc., shall be subject to successful authorization from the card or account holders bank.
  • Online payments via credit/debit card is processed by Razorpay payment gateway.
  • When processing any of the payment methods available on the Website, Prayojana shall not be responsible or liable, whatsoever in respect of any loss or damage arising directly or indirectly to user/beneficiary due to whatever reasons.
  • Prayojana assures and acknowledges that all the information pertaining to credit/debit card available with Prayojana shall not be utilised or shared with any third party unless required by law, regulation or court order.
  • All online payments are processed using the gateway provided by the respective issuing banks which support payment facility. All such online payments are also governed by the terms and conditions agreed to between the user and the respective Issuing Bank.

Cancellation and Refund Policy

  • Requests for Services or Products from Prayojana can be cancelled within 2 hours of placing the request. If payment was received by Prayojana for these requests, full refund of money received will be made.
  • For cancelling requests for Services or Products from Prayojana beyond 2 hours of placing the request, Prayojana will cancel the request if cancellation is possible and no action has been initiated for rendering service request or no action has been initiated for shipping the product request. If payment was received by Prayojana for these requests, refund of money received will be made after deducting expenses, if any, incurred by Prayojana.
  • For cancelling request for Services or Products from third-party service provider mediated/facilitated by Prayojana, Prayojana will do its best to cancel the request. However, the cancellation and refund policy as per the agreements between the user and the concerned Service Provider shall apply for these cancellation requests.
  • The process to initiate refund of money from Prayojana shall be made only after ascertaining that the initial payment was received by Prayojana.

Termination and Refund Policy

  • User/beneficiary shall exercise the right to terminate their enrollment with Prayojana at any time during the sign-up period by giving at least 30 days prior written notice to Prayojana.
  • Prayojana shall exercise the right of terminating the enrollment at any time during the sign-up period by giving at least 30 days prior written notice to the user/beneficiary. Such termination shall be without any liability to Prayojana.
  • Upon termination of enrollment, Prayojana shall refund the plan charges. For this purpose, refund amount shall be calculated for the period remaining from the end of the month in which enrollment is withdrawn till the plan end date. Further unpaid amounts for services rendered or services requested shall be deducted and then amount refunded.

Limitation of Liability

  • Prayojana shall not be liable to the user/beneficiary for any loss or damage from availing services either from Prayojana or from Third-party Service provider mediated/facilitated by Prayojana.
  • Products and Services from third-party Service providers are agreements between the user and the concerned Service Provider and Prayojana is not a party to such Agreements.
  • User agrees that any fault or negligence or any default or deficiency or damage of goods committed in rendering the Services by the third-party Service provider shall be subjected to the terms and conditions of the third-party Service provider and the same shall not be attributed to Prayojana.
  • User agrees that any default or deficiency in rendering the Services by the third- party Service provider shall not be attributed to Prayojana.
  • Prayojana shall not be liable for breach of terms and conditions on account of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond Prayojana’s reasonable control.

Force Majeure

  • Neither Prayojana nor third-party Service providers shall be held liable for non- performance (either in whole or in part) or delay in its performance of their respective obligations, if caused by acts of God, acts of war or terrorist actions, inclement weather, fire, explosion or flood, strikes, work stoppages, slow-downs or other industrial disputes, riots or civil disturbances, acts of government, inability to obtain any necessary licence or consent, downtime of the server, or interruption or failure of electricity or telephone Service and any other event which could not reasonably be foreseen and is beyond the reasonable control of Prayojana or the Service Providers.

Indemnity

  • You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Prayojana and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that Prayojana has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent.
  • User/beneficiary hereby expressly release Prayojana and/or its affiliates and/or any of its staff and/or employee and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third-party Service provider and specifically waiver any claims or demands that user/beneficiary may have in this behalf under any statute, Agreement or otherwise.

Waiver

  • If Prayojana fails to insist upon strict performance of your obligations under any of these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Prayojana of any default will constitute a waiver of any subsequent default, and no waiver by Prayojana of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated in writing.

Confidentiality

  • The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.

Copyright and Trademark

  • The contents of this Website, such as text, design, graphics, logos, trade name, trade mark, audio clips, video, etc. and the contents of our Websites and associated Services, including text, files, images, photos, video, sounds, musical works, design, graphics, logos, trade dress, audio clips, photographs, software, interfaces, code, or other works of authorship (the "Content") and their selection and arrangement is the property of Prayojana and/or of its associates and/or affiliates that have granted Prayojana, the right and license to use the Content, and is protected by the relevant and applicable copyright and trademark laws, or other intellectual property rights. User/beneficiary shall not use the Content or any part thereof as own content and shall not reprint, republish or distribute any part of the Content in any form without the express written consent of Prayojana.
  • Nothing on this Website or your use of the Services shall be construed as conferring on user/beneficiary or any party, any licence or other rights under the intellectual property or other proprietary rights of Prayojana, its affiliates or any third party, whether implied or otherwise.
  • User/beneficiary shall not indulge in the act of copying, reproducing, transmitting, selling, distributing, license or create derivative works of the Content, from this Website or any portion hereof.
  • User/beneficiary shall not indulge in modification or alteration of the Content in any manner whatsoever.
  • User/beneficiary shall not use any of the Marks as own marks or as part of own marks or in any manner which is likely to cause confusion or to identify your own products or Services or to imply endorsement or otherwise of products or Services to which they do not relate or in any manner which may cause damage to the reputation of Prayojana and/or its affiliates and/or associates.
  • User/beneficiary shall not create or use any other mark that is deceptively similar to the Marks, be it for Your own use or for the use of any third party.
  • Commercial use of any elements or information on Prayojana’s Website, directly or otherwise, is strictly prohibited unless express written permission is obtained in advance.
  • Prayojana shall not be responsible for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.

Modification and Severability

  • Prayojana reserves its rights to modify these Terms and Conditions from time to time and the same shall be notified by means of the Website or by Email. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service (as applicable), but solely on a going forward basis
  • All the amendments/variations made to this Agreement in future shall be read as part and parcel of this Agreement unless otherwise intended.
  • If any clause of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.

Governing Law and Dispute Resolution

  • The arrangement/Agreement/association between Prayojana and the users and its beneficiaries shall be construed in accordance with the applicable laws of India. The Courts at Chennai, India shall have sole and exclusive jurisdiction in any proceedings arising out of this arrangement/Agreement/association.
  • All disputes arising between the parties as to the interpretation, operation, or effect of any clause in this agreement or any other difference arising between the parties, which cannot be mutually resolved, shall be referred to the arbitration. The Arbitration panel shall consist of a single arbitrator and the venue of arbitration shall be at Chennai. The decision of the arbitrator/s shall be binding on the parties. The arbitration shall be governed by the provisions of The Arbitration and Conciliation Act 1996.