Terms and Conditions

Ownership and Proprietary Rights

The App, Website, and Services are owned and operated by Careall Digital Services ("Careall"). The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the App/Website provided by Careall (hereafter "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

  • As between You and Careall, all Materials, trademarks, service marks, and trade names contained on the App/Website/Service are the property of Careall.
  • You agree not to remove, obscure, or alter Careall’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App/Website/Service.
  • Except as expressly authorized by Careall, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
  • Careall reserves all rights not expressly granted in this Agreement.
  • If You have comments regarding the App/Website/Service or ideas on how to improve it, please contact customer service.
  • By doing so, You hereby irrevocably assign to Careall Digital Services , and shall assign to Careall, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith.
  • You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Careall reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change" and collectively, "changes") at any time by posting notification on the App/Website or otherwise communicating the notification to You.

  • The changes will become effective and shall be deemed accepted by You 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the App/Website, availing the Services, or for payment transactions initiated after the posting date.
  • If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the App/Website/Service.
  • For certain changes, Careall may be required under applicable law to give You advance notice, and Careall will comply with such requirements.
  • Your continued use of the App/Website/Service following the posting of changes will mean that you accept and agree to the changes.

Notice

Careall may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the App/Website or by any other reasonable means.

  • Except as otherwise set forth herein, notice to Careall must be sent by courier or registered mail to carealldigital2020@gmail.com.
  • Careall shall send out all notices, information, and other correspondence to you by email/SMS at the email address/telephone number provided by You.
  • In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you have given as your communication address.
  • In case of any change in your email id and/or mobile number/correspondence address, you shall inform Careall in advance in the prescribed format to carry out the necessary changes in its records.
  • Careall does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus-free.
  • Careall will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control.
  • All correspondence will be in English.
  • You agree to be contacted by Careall and its representatives over phone or on registered email id with reference to the Services.
  • You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Careall.
  • You agree to take steps to deregister from the DND list and shall not hold Careall liable for non-receipt of SMS in the interim period.

Waiver

The failure of Careall to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Any waiver of any provision of this Agreement will be effective only if in writing and signed or digitally accepted by Careall.

Dispute Resolution

If any dispute, controversy, or claim arises under this Agreement or in relation to the App/Website/Service, including any question regarding the existence, validity or termination of this Agreement or any specific terms contained herein (hereinafter "Dispute"), the parties shall use all reasonable endeavours to resolve such Dispute amicably.

  • If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Careall may elect to resolve any Dispute by a binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
  • The venue of such arbitration shall be at Coimbatore, India.
  • The arbitration proceedings shall be conducted in English.
  • The arbitral award shall be final and binding upon both parties.
  • Notwithstanding the foregoing, Careall may seek injunctive or equitable relief at any time to protect its intellectual property rights or confidential information.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. The courts located in Coimbatore shall have exclusive jurisdiction over any disputes arising out of or related to this Agreement.

Severability

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.