CARE SEEKERS

MaCkals Healthcare Pvt Ltd (U51909KL2017PTC050963) is committed to protecting our clients, employees and suppliers privacy. MaCkals Healthcare Pvt Ltd manages personal information in accordance with the Privacy Act and the related Indian Act, other Government's acts and regulations wherever we operate.

These Terms of Use apply to the website owned and operated by, or on behalf of the MaCkals Healthcare Pvt Ltd including www.getacare.in ("the Site"). MaCkals Healthcare Pvt Ltd owns and operates this Site, including all information, communications, articles, text, graphics, opinions, and audio or visual materials (collectively "Contents"). By using the Site, you indicate that you have read, understand and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use, please discontinue your access and use of this Site.

THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE. THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND THEY DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.

MACKALS HEALTHCARE PVT LTD AND THE SITE - WWW.GETACARE.IN DO NOT SUGGEST OR RECOMMEND ANY PROCEDURES, PRACTICES, EQUIPMENT OR OTHER ITEMS THAT ARE COMPONENTS OF OR RELATED TO MEDICAL PRACTICE NOR DOES PARTNERS IN CARE AND THE SITE RECOMMEND ANY PHYSICIANS OR OTHER MEDICAL OR HEALTH CARE PRACTITIONERS OR INSTITUTIONS. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR ATTEMPT TO FOLLOW ANY PROGRAMS OR HEALTH RELATED SUGGESTIONS ON THIS SITE WITHOUT FIRST CONSULTING WITH YOUR PHYSICIAN. THE GENERAL INFORMATION PROVIDED HERE CANNOT BE RELIED ON TO APPLY TO SPECIFIC CASES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

You may only view and use the materials on this Site in accordance with these Terms of Use.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. If you do not meet all of these requirements, do not access or use the Site.

The MaCkals Healthcare Pvt Ltd and www.getacare.in logo and marks are trademarks and service marks of MaCkals Healthcare Pvt Ltd. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. The Contents are the intellectual property of MaCkals Healthcare Pvt Ltd and/or their affiliates, or are used by MaCkals Healthcare Pvt Ltd and their affiliates under license from the owner. You may use them for personal and noncommercial purposes only. You may not access, download, copy, modify, distribute, transmit display, reproduce, publish, license, create derivative works from, transfer or sell any part of the content on the Site or use the Site for commercial purposes, whether on Your behalf or on behalf of a third party.

The Site is the property of MaCkals Healthcare Pvt Ltd and is protected by the Indian and international copyright, trademark and other applicable laws. This includes the content, appearance, and design of this Site, as well as the trademarks, products names, graphics, logos, service names, slogans, colors and designs.

MaCkals Healthcare Pvt Ltd grants you a limited, revocable, non-exclusive license to access and make personal use of the Site as MaCkals Healthcare Pvt Ltd's customer.

You may use and view the materials on the Site in accordance with these Terms of Use. The contents are the intellectual property of MaCkals Healthcare Pvt Ltd, or are used by MaCkals Healthcare Pvt Ltd under license from the owner. You may use them for personal and non-commercial uses only. You may not use the name and trademark MaCkals Healthcare Pvt Ltd, www.getacare.in's name, trademark, or service mark or any adaptation thereof for advertising, trade or other commercial or non-commercial purposes.

A common Internet scam is known as "spoofing" or "phishing." This occurs when you receive an e-mail from what appears to be a legitimate source requesting personal information from you. Please be aware that MaCkals Healthcare Pvt Ltd and www.getacare.in will not send you any e-mail requesting you to verify your credit card, bank information, password or any other personal information. If you ever receive an e-mail that appears to be from MaCkals Healthcare Pvt Ltd and www.getacare.in requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the e-mail.

The types of information that we typically collect and hold about work seekers is information that is necessary for us to select, recruit, manage staff performance and for effective operations of our business. The type of information typically collected includes:

Work seeker information is used as part of our recruitment and selection processes, ongoing staff management and to ensure effective business operations. Your personal information may be disclosed to third parties for work related purposes including but not limited to:

Subject to some exceptions set out in privacy law, you can gain access to your personal information that we hold.

You may use the Site only in compliance with these Terms, and all applicable local, state, national, and international laws, statutes, rules, and regulations. In addition, you agree not to:

For your convenience, the Site may contain links to the websites or third parties from which you may be able to obtain content and/or download software. Except as otherwise noted, such third-party websites, and such content and software are provided by companies that are not affiliated and are independent of MaCkals Healthcare Pvt Ltd. MaCkals Healthcare Pvt Ltd does not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software.

MaCkals Healthcare Pvt Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site. Therefore, MaCkals Healthcare Pvt Ltd makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does MaCkals Healthcare Pvt Ltd necessarily endorse such websites or sources.

By using the MaCkals Healthcare Pvt Ltd, Site – www.getacare.in, you expressly relieve MaCkals Healthcare Pvt Ltd from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MaCkals Healthcare Pvt Ltd , Site- www.getacare.in and to read the terms and conditions and privacy policies of other each other site that you visit.

On the Site we strive to provide complete, accurate, up-to-date information. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

MaCkals Healthcare Pvt Ltd respects the intellectual property rights of others and requires that its Users do the same. If you believe in good faith that your work has been used on the Site in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Site, please notify MaCkals Healthcare Pvt Ltd by contacting through email – mackalscare@gmail.com

Please include as much detail as possible to allow us to identify the facts or circumstances. To more effectively assist you, the notification must include ALL of the following:

You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.

MaCkals Healthcare Pvt Ltd does not give any warranties, express or implied, regarding the contents, MaCkals Healthcare Pvt Ltd, and its affiliates and subsidiaries, shall not be liable for any damage including but not limited to direct, indirect, incidental, consequential or other damages resulting from the use of or inability to use this Site. This includes but is not limited to damages for personal injury, including death, or property damage whether the theory of liability is based on contract, tort, products liability or any other legal theory.

You expressly acknowledge that use of the site is at your sole risk. Neither MaCkals Healthcare Pvt Ltd nor its affiliated companies nor any of their respective employees, agents, third-party content providers or licensors (collectively the "MaCkals Healthcare Pvt Ltd parties") warrant that the site will be uninterrupted or error free; nor do they make any warranties as to the results that may be obtained from use of the site, or as to the accuracy or reliability or content of any information, service or merchandise provided through the site. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You specifically acknowledge that MaCkals Healthcare Pvt Ltd choice is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

In no event will MaCkals Healthcare Pvt Ltd, the MaCkals Healthcare Pvt Ltd parties, or any person or entity involved in creating or producing or distributing the site be liable for any indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.

In addition to the terms set forth above, neither MaCkals Healthcare Pvt Ltd nor the MaCkals Healthcare Pvt Ltd parties shall be liable, regardless of the cause of duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness, or inauthenticity of the information contained within the site or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages and the aggregate, total liability of the MaCkals Healthcare Pvt Ltd parties to you or any end user for all damages, injury, losses and causes of action (whether in contract, tort or otherwise) arising from or relating to this agreement or the use of or inability to use this site shall be limited to proven direct damages in an amount not to exceed one hundred dollars (INR 1000/-).

Some jurisdictions do not allow the limitation or exclusion of certain liabilities or warranties, so some of the above limitations may not apply to you. In such jurisdictions, MaCkals Healthcare Pvt Ltd's liability is limited to the greatest extent permitted by the law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

By accessing and/or using the Site-www.getacare.in, you agree to indemnify, defend and hold MaCkals Healthcare Pvt Ltd, our subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively the "Indemnified Parties") harmless from and against any and all liability costs, including, without limitation, reasonable attorney's fees and expenses incurred by the Indemnified Parties in connection with any claim arising out or, or breach by you of, these Terms of Use, any related license terms, or by any unauthorized use by you of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

The Site is not meant to be used by individuals under the age of 18. By creating an Account and providing MaCkals Healthcare Pvt Ltd with your personal information, you are representing that you are at least 18 years old. MaCkals Healthcare Pvt Ltd will remove from its files any personal information of anyone MaCkals Healthcare Pvt Ltd discovers to be under 18 years old (and for whom there is not confirmed parental/guardian consent, where required by law).

Personal information you provide to us is subject to our Privacy Policy, as updated from time to time, which is incorporated by reference into these Terms of Use.

We are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this Site. We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to the highest standards of privacy. The nature of our business requires that we gather information that is of a personal nature, whether it is financial, medical or other information that you wish to keep protected. The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.

Please review this policy carefully. If you have any questions or concerns about any of our practices, please contact us at mackalscare@gmail.com

Information Collected. As you are probably aware, in the course of our relationship with you, we may collect information from a variety of sources. We collect this information in order to carry out our business functions and provide the highest quality of service to you. Most of our information about you comes directly from you. For example, we collect the personal information you provide, such as your name, email address and other information when you sign-up/register for an account. If you provide us feedback or contact us via email, we will collect your name, email address and the content of your email in order to send you a reply and/or provide the services you request. If you receive any payments via our Site, we will collect all information necessary to complete the transaction, including your name, bank account number and billing information.

Information also comes to us from third parties, including governmental agencies and consumer reporting agencies or other public sources. We may obtain information about your business or occupation, property, health, credit history and income, as well as personal identification information such as names, birth dates, addresses, social security and drivers' license numbers, telephone numbers, and e-mail addresses.

In addition, we will collect your location information to: (a) give you the possible services; (b) provide the Care Givers, nursing staffs, and any other facilities and services you may request/need in which we are able to provide, your location to let us know when to expect us; and/or (c) verify your exact location at a particular time.

The Company may compile statistical information concerning the usage of the Site. This information allows the Company to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.

In order to compile this information, the Company may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that Company may store about you for any other purposes.

The Company may use web site "cookies" in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies. The Site is not directed to children. The Company does not knowingly collect any personal information from children. If you are concerned about your child's use of the Site, you may use web-filtering technology to supervise or limit access to the Site.

Disclosure of Information. In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, including but not limited to other users of the Site or Services, as we deem necessary. For example, and without limitation, the Company may need to use or disclose certain user-provided information with its third party vendors to manage its website, defend litigation, or enhance its services. We also may share this information in connection with certain business transactions, such as the acquisition of all or substantially all of the Company's assets. However, whenever feasible, we will not disclose any user's personally identifiable information for any purposes other than those in conjunction with the business activities requested of us by such user unless otherwise permitted or required by law. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information. We generally do not require that you provide any information to obtain access to most areas of the Site. To access some areas you must be a Registered User. If you decide to provide personal information to us, we will not sell, license or transmit that information to third parties, except as described above or as otherwise required or permitted by law.

Do Not Track. "Do Not Track" is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user's computer, we are unable to respond to Do Not Track requests.

Safeguarding of Information. No system for safeguarding personal or other information is 100% secure. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, video surveillance, and other physical, electronic, and procedural safeguards.

These Terms of Use, and any rights and licenses hereunder, may not be transferred or assigned by you, but may be assigned by MaCkals Healthcare Pvt Ltd without restriction.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency between you and MaCkals Healthcare Pvt Ltd.

You agree that, except as expressly provided in these Terms of Use (and other than MaCkals Healthcare Pvt Ltd and its affiliates), there shall be no third-party beneficiaries of these Terms of Use. It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You agree that: (i) the MaCkals Healthcare Pvt Ltd and Site-www.getacare.in shall be deemed solely based in Kochi, Kerala, India; and (ii) the MaCkals Healthcare Pvt Ltd and website shall be deemed a passive website that does not give rise to personal jurisdiction over MaCkals Healthcare Pvt Ltd, either specific or general, in jurisdictions other than Kochi. These Terms of Use shall be governed by the substantive internal laws of the State of Kerala and Indian Government, without respect to its conflict of law principals. Any claim or dispute that arises between you and Mackals Healthcare Pvt Ltd that arises in whole or in part from the MaCkals Healthcare Pvt Ltd Site shall be decided exclusively by a court of competent jurisdiction located in Kochi, Kerala, India.

These Terms of Use, together with the Privacy Policy, the Code of Conduct, and any other legal notices published by MaCkals Healthcare Pvt Ltd on the Site – www.getacare.in, shall constitute the entire agreement between you and MaCkals Healthcare Pvt Ltd concerning the MaCkals Healthcare Pvt Ltd, Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MaCkals Healthcare Pvt Ltd's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You and MaCkals Healthcare Pvt Ltd agree that any cause of action arising out of or related to the MaCkals Healthcare Pvt Ltd, site – www.getacare.in must commence within one (1) year after the cause of action accrues. Otherwise, such action is permanently barred.

If any term, clause or provision of these Terms of Use shall be deemed invalid or unenforceable for any reason, the remainder of this agreement shall remain valid and enforceable in accordance with its terms.

MaCkals Healthcare Pvt Ltd reserves the right to amend these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MaCkals Healthcare Pvt Ltd Site – www.getacare.in following any amendment of these Terms of Use, which will be reflected by the "Last Updated" date at the bottom, will signify your assent to and acceptance of the revised terms.

If you have any questions about these Terms of Use, you may contact MaCkals Healthcare Pvt Ltd Head Office or write to email – mackalscare@gmail.com

Last updated July 2022

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