Online Notice and Acceptance of Terms

These terms of service (the “ Terms ”) form a binding agreement between you or the entity that you represent, (hereinafter referred to as “ you ”, “ your ” or “ Customer ”) and the Company Tendercare Services Private Limited , (hereinafter referred to as “ Company ” or “ the Company ”). the Company is dedicated to the health and well-being of mother and baby, by developing unique set of products and services which are delivered to the mother in the most professional manner. the Company strives to combine the essence of ancient and proven ayurvedic methods and techniques available from modern healthcare methods and is a category creator in postnatal home services that include post-natal massages for the mother and the baby, pre-natal and post-natal yoga, counselling, nanny services (“ Services ”). You can view and register for Services provided by the Company through its website http://www.sangopan.com/ (the “ Website ”) or the mobile application of the Company (the “ App ”). The purpose of these Terms is to establish the terms and conditions which govern the subscription and use of the Service by you.  The Customer and the Company shall be hereinafter collectively be referred to as “ Parties ” and individually as “ Party ”.

By accepting these Terms, by accessing or using the Service, or authorizing or permitting any agent or end-client to access or use the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.

As the Company’s business evolves, these Terms may change accordingly. You can review the most current version of the Terms at any time by visiting this page. Any material revisions to these Terms will become effective on the date the Company publishes the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised Terms of Service.

General Requirements for registration

In consideration of your use of our Website or the App, you represent that you are of legal age (18 years and above) and are not a person barred from receiving services under Indian laws or any other applicable jurisdiction. 

You represent that you shall provide true, accurate, and complete information about yourself while registering/booking on our Website and App to avail the Services. You shall maintain and promptly update any information on the Website or the App to keep it true, accurate, and complete.

Company reserves the right to suspend or terminate your account and refuse any and all current or future use of our Website and App(or any portion thereof) at any time if any information provided by you is found to be untrue, inaccurate, or incomplete, or Company shall have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete. Company will not be liable for any act or omission arising from the inaccurate information provided by you.

You will be required to enter your name, a valid email address, and phone number while booking any Services on the Website or the App. You acknowledge and consent to being contacted by the Company via phone calls and/or SMS notifications, to confirm the booking, in case of any Service updates, or in case you opt for the Company to reach out to provide details of the Services or where the Company attempt to reach you by way of a return call. Nothing set out in our customer preference (as submitted by you to your telecom service provider) pursuant to Telecom Commercial Communications Customer Preference Regulations, 2018 or any succeeding regulations.

Payments

You shall make a one-time payment of charges defined for each Service. This payment shall be made while you book such Services through our Website or the App. All payments shall be made in advance. The receipt upon payment shall be emailed to the Customer on the registered email address.

Representations and Warranties

Customer represents and warrants that it shall not use the Website and the App:

1. to display, modify, transmit, distribute, store, update, publish, upload, destroy or host any material, including without limitation the Content (defined below) of the Company,
2. in violation of any applicable law or regulation,
3. in a manner that infringes the intellectual property rights (copyright, trademark, trade secret) or proprietary rights of a third party,
4. in a manner that violates the privacy, publicity, or other personal rights of others,
5. to use any material that the Customer does not have any right to or belongs to another person,
6. to transfer or display threatening, abusive, obscene, hateful, libellous, discriminatory, unethical, or racially objectionable material,
7. contains software viruses or any other computer code, files or programs designed to interrupt, harm, or bind the functionality of Company’s electronic systems or Website or its App,
8. in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity, and/or 
9. and take any actions, whether intentional or unintentional, that may circumvent, disable, damage, or impair the Services’ control or security systems, or allow or assist a third party to do so.

Data Privacy and Protection

The collection, handling and use of all data posted, uploaded or generated on the Website or the App is controlled by the Company’s Privacy Policy which is made a part of these Terms by this reference. Customers can access the Privacy Policy here << hyperlink >>. Furthermore, by using the Website or the App, Customer acknowledges and agrees that the transmissions on the internet are never completely secure or private. However, any sensitive personal data (such as credit card information) if entered by the Customer as a requirement on the Website or the App shall be encrypted and saved from interpretation by third parties. The Company uses commercially reasonable efforts to ensure that it maintains industry standards encryption and security measures to prevent any hacking of information pertaining to the Customer Content uploaded or entered into or posted on the Website.

Intellectual Property Rights

Company Content . All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “ Company Content ”), including but not limited to the design, structure, “look and feel” and arrangement of such Company Content, contained on the Website or the App is owned by the Company, and is protected by applicable copyright, patent and trademark laws, and various other intellectual property rights laws. You may access the blogs, documents, media or other information on the Services from the Website or App, however, you may not copy, reproduce, republish, resell, encode, transmit, mirror, or distribute the Company Content in any way to any other computer, server, website for any Company, without the express prior written consent of the Company. You are granted permission to display on your computer, print and download the Company Content via the Website or the App solely for your own personal and non-commercial use. All rights not expressly granted to Customer in and to the Company Content are reserved by the Company.

You may not use the Website, App or Company Content for any purpose or in any manner that infringes the rights of any third parties.  If you believe that any of the Company Content infringes your copyright or violates these Terms, please submit a complaint at contact@sangopan.com 

Customer Content . You shall have the ability to upload, post, transmit, or access the data, including, but not limited to, photos, videos, comments, messages, testimonials, or suggestions on the Website or the App (“ Customer Content ”). The Website or App may allow you to comment, give feedback or access data of any other user or Customer. Any content posted by you on the Website or App shall be deemed to be posted on a non-confidential basis, except the details entered by you for booking the Services to our Website or App (detailed below). It is your responsibility to be cautious about posting any personally identifiable information of any person on the Website or the App. By submitting Customer Content to the Website or the App, you grant us a royalty-free, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, distribute, sublicense and otherwise exploit such Customer Content (in whole or in part) in any form. You represent and warrant to us that you have the complete legal right and authority to grant to us the license provided for herein and that you own or control the display and other rights to the Customer Content.

Disclaimer and Liability

ALL THE SERVICES AND PRODUCTS ON OUR WEBSITE AND APP, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE AND THE APP ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WITHOUT WARRANTY OF ANY KIND. In addition to the foregoing, Company does not warrant and disclaims all warranties with respect to the Services and products and does not warrant that, (i) the Website or the App will be available on a uninterrupted or error-free basis,(ii) the information shared by the service providers engaged in the provision of a specific Service is complete, true, and accurate, (iii) that the Services or the products will meet the Customer’s requirements, and (iv) the Company Content available on the Website or the App shall be free or viruses or other harmful contents.

The Company shall not be liable in any way or in relation to the use of the Company Content, or its Website and the App. 

Kindly note that any provider of Services has independent contractor relationship with the Company. Customers must satisfy themselves about the quality in terms of relevance with the Services prior to availing of the service from such providers. the Company shall not be liable for the behaviour, conduct or actions of any service provide rengaged in provision of a specific Service to the Customer. However, Customer may inform the Company as regards any complaint that the Customer has against any service provider. Customer can notify the Company of any complaints at contact@sangopan.com

The Company is not a registered healthcare provider, nor does it hold out to be designated provider pursuant to the AYUSH framework. It is not licensed or registered under the relevant exactments, rules or regulations governing the AYUSH framework.

Except as expressly provided in these Terms, Company makes no warranty and disclaims all warranties with respect to the Website, the App,  its features and Company Content, either express or implied, including warranties of non-infringement, merchantability or fitness for a particular purpose.

Company will not be liable for any damages, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In compliance with the applicable laws, in no event will the Company’s aggregate liability arising from or related to the Services exceed the payments received from the Customer and actually retained by the Company for the paid Services.

Indemnity

Customer agrees to indemnify and hold the Company and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of breach of these Terms, violation of any law, or your violation of the rights of a third party by the Customer, including the infringement by the Customer of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Termination

Customer agrees that the Customer’s access to the Website or the App can be restricted, suspended or terminated, in whole or in part, by the Company at any time, for any or no reason, with or without prior notice, and without liability. Customer’s access to the Website or the App can be restricted, suspended or terminated, in whole or in part, by the Company if the Customer, in Company’s sole discretion, is or is suspected to be, in violation of these Terms.

Company may terminate, suspend, or modify the booking of Services made by the Customer. Similarly, Customer may choose to cancel or modify the Services booked by them. In the event of any cancellation of a booking by the Customer or the termination of booking by the Company (except in cases of Customer’s breach of the Terms), Company shall refund the amount paid and received by the Company to the Customer.

Miscellaneous

Entire Agreement . With respect to all information disclosed hereunder, these Terms constitutes the entire understanding and agreement between the Company and the Customer as to its subject matter and supersedes all proposals and prior discussions, online acceptance of terms and writings with respect thereto.

Amendment . These Terms may be altered, amended or modified, due to change in law or developments on the Website or the App. Customers can review the most current version of the Terms at any time by visiting this page.

Severability . Each provision of these Terms is a separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for these Terms to remain in effect, in accordance with its terms as modified by such reformation.

Notice . Any notice required under these Terms shall be given in writing via email, text message or telephone calls on the email address or phone number provided by the Customer. Customer can notify the Company via email at info@sangopan.com

Waiver . Failure at any time to require performance of any provision of these Terms shall not affect the right to require full performance thereof at any time thereafter, and the waiver by any Party of a breach of any provision shall not be taken to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision.

Force Majeure . Company shall not be liable for any delay or failure to perform its obligations hereunder, if such delay is due to any cause or causes beyond the reasonable control including, but are not limited to, acts of God, strikes,  lockouts, riots, government restrictions (including the denial or cancellation of any export of other necessary license), wars, terrorism, insurrections, civil disturbances, earthquake, weather, fire, explosions, epidemic, pandemic, and/or any other cause beyond the reasonable control of the Company including mechanical, electronic, or communications failure (“ Force Majeure Event ”). A prompt written notice of the Force Majeure Event shall be provided by Company. If the Force Majeure Event lasts longer than ninety (90) days, then the Company may terminate the Services, in whole or in part, by providing written notice to the Customer.

Non-Solicit. The Customer agrees not to solicit services of any the Company employee without explicit permission of the Company management. The Company is not responsible for any Services or related experiences for any engagement involving a Company employee in their personal capacity. The Company can terminate the Services of such employee and the engagement with the Customer without any prior notice if the Company management comes to know of such an arrangement.

Governing Law and Jurisdiction . The Terms shall be governed under the laws of the Republic of India, and the courts in Bangalore shall have exclusive jurisdiction over all matters arising under these Terms.

Survival . The provision which by its nature should survive termination shall continue to survive any termination or expiration of these Terms.

Services:

• Prenatal Massage
• Postnatal Mom & Baby Massage
• Baby Massage Training
• Ayurvedic Consultation
• Homeopathy Consultation
• Garbhsanskar
• Diet & Nutrition
• Lactation Consultation
• Yog & Pranayam
• Psychological Counseling
• Guided Relaxation & Meditation

Note: These Services are provided either through the website vide online consultations, or physically at the Customer’s residence or other location (as preferred) through our providers of Services (“ On-Site Services ”). The terms related to the On-Site Services are captured below as Appendix A.

Products:

• Postnatal Kit for Mother
• This Kit is a comprehensive one which includes oils, waist cloth for tummy tying, and ayurvedic supplement to enhance lactation.
• Suvarnaprashan- Immunity Booster for Kids
• Ayurvedic Immunity builder for babies & children (Can be administered to 0-16yrs of age)

Dose : One dose on every month on Pushya Nakshatra

Benefits : 

• Boosts Immunity
• Enhances brain development
• Increases digestive power
• Contributes to overall holistic development

• Homeopathy Kit for Mom & Baby

• Essential First response Homeopathy Kit specially curated for Mothers & babies above 3 months. 
• This kit contains 25 essential Homeopathic remedies which can be used as a first response to common ailments. Also contains one free Homeopathy consultation.
• Book- New age Manual for Mothers- Postnatal & Beyond
• This book is based on holistic wisdom of 5000-year old natural healing systems and modern medical findings with practical home remedies and recipes for overall health and well-being of mother and child.

APPENDIX A

Terms and Conditions for On-Site Services

You are the parent of the infant/toddler or kid and hereby confirm to have read and understood all Terms and Conditions provided on the Website and the App before accepting to commence utilizing any/all Services (as selected by you from the list of Services) from the Company. 

The Company shall be providing personnel to perform the Services. These personnel are engaged with the Company as independent contractors and include, nursemaids, masseuse and other professional consultants (collectively referred to as “ Personnel ”). The following terms relate to the use of nursemaids for the On-Site Services defined under the Terms.

1. The Company does not provide any medical services or consultation nor are the On-Site Services certified from a medical practitioner. You are encouraged to seek medical advice from your doctor, if you deem fit, prior to commencement of any On-Site Services. You accept to receive all services voluntarily and without any liability or warranties from the Company.
2. The choice of Personnel for any engagement will completely be at the Company’s discretion.
3. You are responsible to ensure that the On-Site Services are performed by the Personnel in the presence of a parent or a responsible guardian designated by you.
4. Though the Company exercises reasonable due diligence in the recruitment and training of its Personnel, the Company does not claim any responsibility for the belongings or valuables of the Customer. You are required to take due care of the same.
5. The Company imparts appropriate training to its Personnel using experienced providers of services. However, it does not claim any liability or responsibility for any results of On-Site Services or does not claim any specified results.
6. The Personnel might take leaves for personal emergencies. We request you to cooperate in such cases. Any leave taken by the Personnel will be compensated by extending the On-Site on a pro rata basis or by coming on a designated holiday.
7. In case of prolonged leaves by a Personnel, the Company will, at its sole discretion, replace such person (depending on the availability) or refund pro-rata fees for days of leaves. Any leave requested by the Customer can be compensated depending upon the schedule convenience of the Company. This compensation will be chargeable as per the agreed fees.
8. Customer shall communicate any request for changes in the schedule on a given day, at least 1 (one) day in advance either to customer service manager or the supervisor.
9. The Personnel travel using public transport. The Company makes all the possible efforts to ensure that the Personnel adhere to the schedule time agreed with the Customer; however, Company requests the Customer to cooperate in case of delays or early arrival. 
10. Customer is requested co-operate with the Personnel so that the massages or other Services get competed within the planned duration. It takes 1.5 hours for mother & baby massage and 1-hour massage for either the mother or the baby. A delay at one Customer can affect the timings at another Customer and have a cascading effect.
11. Customer shall keep all the necessary items (as per the item list provided) before the Personnel reaches your home. Illustratively, it is recommended to switch on the geyser 20-30 minutes (depending on the geyser capacity) before the scheduled time of arrival of the Personnel or keep the hot-water ready if by any other means.
12. Customer shall not to solicit services of a nursemaid or other Personnel in their personal capacity for massage services or any other related services.
13. Company may appoint certain supervisors to visit the Customer location for any help, feedback, or discussions. The supervisor visit includes one visit by a senior level employee of the Company on the start date of the On-Site Services and phone calls and one visit during the mid of the duration of the package booked by the Customer.
14. Please contact the designated Supervisor/Services Manager between 10am to 6pm for any issues with respect to the On-Site Services.