Terms and Conditions

Terms & Conditions

The Following Terms And Conditions (These “Terms Of Use” Or “Terms”), Governs Your Use And Access To And Use Of Our Website And Mobile Applications, Including Any Content, Functionality And Services Offered On Or Through Www.DialCareTakers.Com And Mobile Applications (The “Platform”) By DialCareTakers  (“Company” Or “We” Or “Us” Or “Our”).

Please Read The Terms Of Use Carefully Before You Start To Use The Platform. By Using The Platform, You Accept And Agree To Be Bound And Abide By These Terms Of Use And Our Privacy Policy. If You Do Not Want To Agree To These Terms Of Use Or The Privacy Policy, You Must Not Access Or Use The Platform.

1.Use Of Our Services

YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ACCESS OR USE THE PLATFORM, OR ENTER INTO THESE TERMS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS PLATFORM.

Members Also Acknowledge And Agree That They Are Members Of The Platform Only, And That They Are Not Company Employees, Joint Venturers, Partners, Or Agents Whatsoever. Company Does Not Have The Right To Control And Does Not Control Members, Or The Relationships Between Them Or The Subject Matter Of Such Relationships. While Company May Help Facilitate Disputes, We Have No Control Over And Do Not Guarantee (I) The Existence, Quality, Safety, Suitability, Or Legality Of Any Services Arranged Between Members, (Ii) The Truth, Accuracy Or Suitability Of Any Description Or Any Other Aspect Referred To By Members On The Platform, (Iii) The Performance Or Conduct Of Any Member Or Third Party Or (Iv) The Legality Or Compliance With Laws, Rules, Regulations, Orders And Decisions That May Be Applicable To Any Relationship Between Members Or The Subject Matter Thereof. While We May Provide Information That May Be Helpful In Assisting You To Evaluate Another Member, And Their Status In The Company Community, Company Does Not Endorse Any Particular Member Or Any Services.

2. Modification Or Changes To The Terms Of Use

We Are Continually Changing And Improving The Platform. We Reserve The Right In Our Sole Discretion To Modify It, To Add Or Remove Features Or Functionalities Or To Suspend Or Terminate Any Part Or All Of The Platform With Or Without Notice To You. We May Also Modify Or Amend These Terms Or Incorporated Documents To Reflect Changes In The Law, Changes To The Platform, Fees (Defined Below) Or Any Other Aspect Of The Relationship Between Company And You. You Should Look At The Terms Regularly. If You Do Not Agree To The Terms, Including As Changed Or Modified, We Will Be Sorry To See You Go, But Your Only Recourse Is To Stop Using Or Accessing The Platform.

3. Account Registration, And Other Member Representations And Warranties

To Access Our Services, You Will Need To Validly Register For An Account And To Become A Member With Verified Phone And Email. As Indicated Above, By Doing So, You Represent And Warrant That You Are Over The Age Of Eighteen (18) And Are Capable Of Entering Into Legally Binding Agreements In The Relevant Jurisdiction(S).

To Create A Member Account, You Must Create A Password-Protected Account (“Account”). You May Register For An Account Using Your Email And Creating A Password. You Agree To Provide Accurate, Current And Complete Information During The Account Registration Process And At All Other Times When You Use The Platform, And To Continually Update Information Sufficient To Keep It Accurate, Current And Complete. You And You Alone Are Responsible For Safeguarding Your Company Account Password And You Are Solely Responsible For All Activity That Occurs On Or Through Your Account And That You Will Immediately Inform Company Of Any Suspected Unauthorized Use. Company Is Not Liable Or Otherwise Responsible For Any Loss Or Damage That Any Party Claims Is Caused In Whole Or Part By Unauthorized Use Of Your Account. Notwithstanding The Foregoing, You May, However, Be Liable Or Responsible To Company Or Third Parties Due To Unauthorized Use Of Your Account.

4. Rights And Obligations Of Company

• Company Will Attempt To Continuously Innovate In Order To Provide The Best Possible Services To Its Members. You Acknowledge And Agree That The Form And Nature Of The Services Provided By Company May Change From Time To Time Without Any Prior Notice.
• You Acknowledge And Agree That Company May Stop (Permanently Or Temporarily) Providing The Services (Or Any Features Within The Services) To You At Its Sole Discretion.
• You Acknowledge And Agree That If Company Disables Access To Your Account Or Login Route, You May Be Prevented From Accessing The Services, Your Account Details Or Any Files Or Other Content Which Is Contained In Your Account.
• You Acknowledge And Agree That While Company May Not Currently Limit Your Use Of The Services In Any Way, It May Do So If That Use Hinders With The Ability Of Company To Carry On Its Operations Or The Ability Of Other Customers To Use The Offering.
• Company Shall Not Be Responsible For Any Loss Or Damage Caused By A Modification Of The Features, Limitation Of Use Of The Services Or The Discontinuation Altogether Thereof.

5. Rights And Obligations Of Members

• In Order To Access The Services, The Member May Be Required To Provide Personal Information, As Part Of The Registration Process, For His Continued Use. You Agree That Registration Information Provided Shall Be Accurate, Correct And Up To Date.
• You Agree To Use The Services Only For Purposes That Are Permitted By (A) The Terms And (B) Any Applicable Law, Regulation Or Guidelines.
• You Agree Not To Access (Or Attempt To Access) The Services By Any Means Other Than Through The Interface That Is Provided By Company Unless You Have Been Specifically Allowed To Do So In A Separate Agreement. You Specifically Agree Not To Access (Or Attempt To Access) Any Of The Services Through Any Automated Means Including But Not Limited To The Use Of Scripts And Web Crawlers.
• You Agree That You Will Not Engage In Any Activity That Interferes With Or Disrupts The Services (Or The Servers And Networks Which Are Connected To The Offering).
• You Agree That You Are Solely Responsible For (And That Company Has No Responsibility To You Or To Any Third Party For) Any Breach Of Your Obligations Under The Terms And For The Consequences (Including Any Loss Or Damage Which Company May Suffer) Of Any Such Breach.
• You Agree That Will Not Use Another Person’s Account, To Misrepresent Yourself, Your Identity Or Qualifications Or Transactions.
• You Agree That Will Not Violate Any Local, State, National Or International Law, Or Any Rule, Regulation, Tariff Or Duty, Including Customs Laws Or Regulations That May Apply To You Or To Your Relationship With Other Members Or To Any Services.
• You Agree That Will Not In Any Manual Or Automated Way Copy, Appropriate, Use Or Disclose Any Copyrighted Text, Or Other Intellectual Property, Rights Of Publicity, Privacy Or Contract Rights Or Otherwise Misuse Or Misappropriate Platform Information Or Content Including But Not Limited To, Use On A Mirrored, Competitive, Or Third-Party Platform.
• You Agree That Will Not Take Any Action That (A) May Unreasonably Encumber The Platform’s Infrastructure; (B) Interferes Or Attempts To Interfere With The Proper Working Of The Platform Or Any Third-Party Participation; © Bypasses Measures That Are Used To Prevent Or Restrict Access To The Platform; (D) Circumvents, Disables Or Otherwise Interferes With Security Features Of The Platform; (E) Distributes Viruses Or Any Other Technologies That May Harm Company Or Members; (F) Uses The Platform In A Way That Violates Any Copyrights, Trade Secrets, Or Other Rights Of Any Third Party, Including Privacy Or Publicity Rights; Or (G) Circumvents Or Manipulates And Fees, Fee Structure Or Billing Claimed Or Owed As A Result Of Interaction, Relationships Or Transactions That May Be Facilitated On The Platform.
• You Agree That Will Not “Stalk” Or Harass Or Intimidate Any Other Member Or Member Of The Platform; Or Collect, Harvest Or Publish Any Personally Identifiable Data Including But Not Limited To Names Or Other Account Information, From The Platform, Or Use The Communication Systems Provided By The Platform For Any Reason Not Explicitly Authorized By These Terms, Including But Not Limited To Commercial Solicitation Purposes.
• You Agree That Will Not Recruit, Solicit, Or Contact In Any Form Members For Employment Or Any Other Use Not Specifically Intended By The Platform.
• You Agree That Will Not Take Any Inappropriate Or Unlawful Actions, Including The Submission Of Inappropriate Or Unlawful Content To Or Through The Platform, Including Without Limitation Content That Is Hateful, Illegal, Profane, Obscene, Defamatory, Threatening, Or Discriminatory, Or That Advocates, Promotes, Or Encourages Inappropriate Activity, Conduct That Would Be Considered A Criminal Offense, Or Conduct That Would Give Rise To Civil Liability Or Violate Any Law.
• You Agree That Will Not Violate Any Company Policies That Govern Or Relate To Your Use Of The Platform And Interactions With You And Third Parties.
• You Agree That Will Not Take Any Action That May Undermine The Efficacy Or Accuracy Of Reviews Or Ratings Systems Maintained By Company And Which Relate To Members.
• You Agree That Will Not Engage In Fraudulent Conduct Including But Not Limited To Entering Into A Relationship With Another Member To Obtain And/Or Bring Services With No Intention Of Following Through, Offering To Make Prohibited Money Transfers or To Arrange To Obtain And/Or Bring Services That Are Prohibited By Applicable Law At Places Of Disembarkation, Transit Or Embarkation Or Entering Into Any Relationship Fraudulently Or For Fraudulent Purpose Or To Conclude Your Arrangement Off The Platform Or To Circumvent Or Evade The Platform Or To Evade Any Other Requirement Of These Terms.
• You Agree That Will Not Register For More Than One (1) Company Account Or Registering For A Company Account On Behalf Of An Individual Other Than Yourself Or Transferring Or Purporting To Transfer Your Company Account To Any Other Person.
• You Agree That Will Not Undertake Any Activity Or Engage In Any Conduct That is Inconsistent With The Business Or Purpose Of The Platform; And

6.Member Content

We May, In Our Sole Discretion, Permit You To Post, Upload, Publish, Submit Or Transmit Content Created Wholly By You Or Third Parties And That Is Not Created In Whole Or Part By Us (“Member Content”), Which May Include But Is Not Limited To Profile Information, Information About Services Or Relationships And Similar Content. By Making Available Member Content To Us, You Grant To Company An Irrevocable Worldwide, Perpetual, Non-Exclusive, Transferable, Royalty-Free And Fully Paid Up License, With The Right To Sublicense, Use, Copy, Adapt, Modify, Distribute, License, Sell, Perform, Transfer, Display, Publicly Perform, Stream Broadcast, Access, View And Otherwise Exploit (By Means Now Known Or To Be Developed In The Future) The Member Content On The Platform And For Any Other Purpose In Our Sole Discretion, Except That Private Messaging Through The Platform Will Not Be Used By Company In Public Advertising. The License Granted By You To Company Will Survive Termination Of These Terms And Shall Survive Termination Of The Platform, If Any, Or Termination Of Your Account. Company Does Not Claim Any Ownership Interest Or Rights In Your Member Content And Nothing In These Terms Shall Be Deemed To Restrict Rights You May Have In Your Member Content. You Acknowledge And Agree That Company Has No Role In The Creation, Either In Whole Or In Part, Of Member Content You Provide To Company Or To The Platform And That You Alone Are Solely Responsible For All Member Content That You Make Available, Including Without Limitation Requests, Offers And Acceptances, And The Information That May Be Contained Therein.

We Reserve All Rights, In Our Sole Discretion To Remove, Suspend, Disable Access To Or Otherwise To Restrict Access To The Platform Or To Member Content That We Consider To Be A Violation Of These Terms, Company Policies And Procedures, We Consider Harmful To The Platform, To Company Or To Any Other Member Or Third Party Or Which We Consider To Be Otherwise Objectionable Or For Any Other Reason.

7.Representations And Warranties For Payment

As Set Forth Above, Except Where We Otherwise Specifically Agree In Writing, Company Does Not Own, Create, Sell, Offer, Resell, Provide, Control, Manage, Buy, Offer To Buy, Bring, Or Offer To Bring Or Supply Any Services Or Any Other Tangible Or Intangible Thing That You May Discuss With Another Member. When Members Make Or Accept An Offer To Transact, They Are Entering Into A Contract With Each Other, And Even Though Company May Act As A Limited Payment Collection Agent As Defined Below, It Is Not A Party To Any Agreement Discussed Or Entered Into Between Members.

Company May Restrict The Availability Of Payment Services, Or Any Aspect Or Feature Of Payment Services, To Perform Maintenance Of Systems To Help Ensure The Proper Functioning Of The System Or To Improve, Enhance, Modify, Suspend Or Terminate Any Payment Service, Or To Introduce New Or Additional Services At Any Time, Including Through Additional Third Parties. The Payment-Related Services May Contain Links To Certain Third-Party Platforms, Applications, Services Or Resources (“Third Party Services”). Any Such Third Party Services Are Subject To Different Terms Or Conditions And Privacy Practices Created Or Controlled By Third Party Providers And Not Company, And Members Should Review Them Carefully And Independently. Company Is Not Responsible For Or Liable For The Availability, Accuracy, Reliability Or Anything Related To Third Party Services, Including The Content Thereon. Links Or Other Access To Information Of Third Party Service Providers Shall Not Constitute An Endorsement By Company Of Such Providers Or Their Services.

8.Third Party Websites

The Services May Contain Links To Other Websites. The Services Also May Utilize Third Party Services, Advertisements, Offers And Payment Systems. Company Is Not Responsible For These Third Party Products, Services Or Their Contents. The Inclusion Of Such A Link Does Not Imply Endorsement Of The Services Or Its Contents Or Any Association With Its Operators. Company Is Not Responsible For The Accuracy, Copyright Compliance, Legality, Decency, Or Appropriateness Of The Content, Nor The Advertising, Products, Or Other Materials On Such Websites. Under No Circumstances Shall Company Be Held Responsible Or Liable, Directly Or Indirectly, For Any Loss Or Damages Caused Or Alleged To Have Been Caused By Use Of Or Reliance On Any Content, Goods, Or Services Available From Third Parties. Any Concerns Regarding Any Third-Party Websites Should Be Directed To Its Respective Platform Administrator.

9.Intellectual Property

You Acknowledge And Agree That All Content, Design Elements, And Materials Available On This Services Are Protected By Copyrights, Trademarks, Services Marks, Patents, Trade Secrets, Or Other Proprietary Rights And Laws. No Materials From This Service May Be Copied, Reproduced, Modified, Republished, Uploaded, Posted, Transmitted Or Distributed In Any Form Or For Any Means Without Our Prior Written Permission. Furthermore, You Agree To Not To Sell, License, Rent, Or Create Derivative Works From Such Materials Or Content. Systematic Retrieval Of Content From The Services To Create Or Compile, Directly Or Indirectly, A Collection, Compilation, Database, Or Directory Without Written Permission From Us Is Strictly Prohibited. All Rights Not Expressly Granted Herein Are Reserved. Any Unauthorized Use Of The Materials Appearing On The Services May Violate Copyright, Trademark And Other Applicable Laws.

Except As Provided Below, Company And Its Affiliates And Licensors Retain All Right, Title And Interest In And To The Services, Excluding Your Member Content. You May Not Modify, Publish, Transmit, Transfer Or Sell, Reproduce, Create Derivative Works From, Distribute, Perform, Link, Display, Or In Any Way Exploit The Company’s Intellectual Property In Whole Or In Party, Except As Expressly Permitted In These Terms Of Use Or With The Prior Written Consent Of Company. You Agree To Use The Services Only In Accordance With These Terms Of Use. You Agree Not To Disassemble, Decompile Or Reverse-Engineer Any Software Or Other Component Of The Company Application.

10.EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS” BASIS. IN PARTICULAR, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.

COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.LIMITATION OF LIABILITY

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. COMPANY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL COMPANY ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12.Indemnification

Company Is Not Obligated To Investigate, Monitor, Mediate Or Resolve Any Dispute You May Have With Another Member Of The Services, Although We May Undertake Such Action In Our Own Discretion. In The Event Of A Dispute With Another Member Of The Services, You Agree (A) To Indemnify Us From Any Liability And (B) That We Will Not Be Liable, For Any Type Of Damages Or For Any Type Of Claim Or Demand Arising Out Of Or Related To Any Dispute You May Have With Any Other Member Of The Services. Cook Agrees To Take All Necessary Precautions To Prevent Injury To Any Persons Or Damage To Property During The Term Of This Agreement, Or Accident While Going To Work And Shall Indemnify, Defend And Hold Harmless Company, Its Officers, Directors, Shareholders, Employees, Representatives And/Or Agents From Any Claim, Liability, Loss, Cost, Damage, Judgment, Settlement Or Expense (Including Attorney’s Fees) Resulting From Or Arising In Any Way Out Of Injury (Including Death) To Any Person Or Damage To Property Arising In Any Way Out Of Any Act, Error, Omission Or Negligence On The Part Of Cook In The Performance Or Failure To Fulfill Any Services Or Obligations Under This Agreement. Cook Agrees To Indemnify And Hold Harmless Company From Any Claim Of Theft Or Broken Item Or Food Poison From Customers.

13.Effect Of Headings

The Subject Headings Of The Paragraphs And Subparagraphs Of These Terms Of Use Are Included For Convenience Only And Shall Not Affect The Construction Or Interpretation Of Any Of Its Provisions.

14.Entire Agreement; Waiver

These Terms Of Use Constitute The Entire Agreement Between You And Company Pertaining To The Platform And Service And Supersede Any And All Prior And Contemporaneous Agreements, Representations, And Understandings Between Us. No Waiver Of Any Of The Provisions Of This Company Shall Be Deemed, Or Shall Constitute, A Waiver Of Any Other Provision, Whether Or Not Similar, Nor Shall Any Waiver Constitute A Continuing Waiver. No Waiver Shall Be Binding Unless Executed In Writing By Company.

15.Notices

All Notices, Requests, Demands, And Other Communications Under This Agreement Shall Be In Writing And Properly Addressed As Follows:

DialCareTakers,
care@dialcaretakers.com

16.Governing Law; Venue; Arbitration

The Validity, Interpretation, Construction And Performance Shall Be Governed By And Construed In Accordance With The Laws Of India, Without Regard To Conflict Of Laws Rules. Venue Shall Be In A Court Of Competent Jurisdiction In Chennai, And Members Expressly Consent To Jurisdiction In Such Courts.

Disputes Between Members. Members Are Solely Responsible For The Communications (Through Any Medium) With Prospect Or Vice Versa. Company Has No Obligation To Monitor Any Such Disputes Arising Between The Members, And Company Shall Not Be Party To Any Such Dispute, Litigation, Etc. Company Is Not A Broker Or The Agent Of Any Member, And Company Does Not Partake In The Exchange Of Any Kind Of Discussion Between The Members And Prospects Or The Results Of Their Discussion.

Arbitration. The Members Shall Discuss Among Themselves And Resolve Any Disputes Informally. We Are Interested In Attempting To Resolve Any Disputes By Amicable And Informal Means, And We Encourage You To Contact Us Before Resorting To Arbitration. If The Dispute Is Not Resolved Within 30 (Thirty) Days From The Date Of Such Dispute, Then Such Dispute May Only Be Resolved Through An Individual Arbitration Conducted In Accordance With The Provisions Of The Arbitration And Conciliation Act, 1996, By A Sole Arbitrator. The Seat Of Arbitration Shall Be Chennai, India. We Shall Appoint The Sole Arbitrator. The Arbitration Proceedings Shall Be Conducted In The English Language.

17.Severability

If Any Term, Provision, Covenant, Or Condition Of These Terms Is Held By An Arbitrator Or Court Of Competent Jurisdiction To Be Invalid, Void, Or Unenforceable, The Rest Of The Terms Shall Remain In Full Force And Effect And Shall In No Way Be Affected, Impaired, Or Invalidated.

18.Assignment

These Terms Bind And Insure To The Benefit Of The Parties’ Successors And Assigns. These Terms Are Not Assignable, Delegable, Sub-Licenseable Or Otherwise Transferable By You. Any Transfer, Assignment, Delegation Or Sublicense By You Is Invalid.