Terms & Conditions

Effective Date: 15th Sept 2024

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Terms Of Use – Simpli5 App

 

These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the ‘Simpli5’ mobile application (referred to as the “Platform”), operated by Simplify AgeTech Private Ltd (hereinafter referred to as Simpli5), and the Platform Services (as defined below), provided through the Platform. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

Please read these Terms and Conditions carefully, as together with our Privacy Policy as it sets out your important rights and obligations in relation to:
– The use of this Mobile App
– All services and products purchased through the App, whether online or offline.

Should you not agree with any of these terms and conditions, please do not use our App.
Your use of this App is subject to the following terms and conditions:

  • When you visit this App and use our services you agree that you have read these Terms and all related documents and that you are willing to be bound them.
  • The content of this App is for your general information and use only. It is subject to change without prior notice.
  1. Variation:
    We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated.

These Terms of Use applies to all the users of the Platform including:

  • Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);
  • An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).

2. Platform Services

Service Descriptions: We provide user-friendly solutions for the elderly thereby simplifying smart phone usage, and facilitating online service ordering, making the digital experience stress-free and accessible for the elderly. Our Mobile App. provides information about our services. The descriptions of our services are for informational purposes only and do not constitute an offer or guarantee of availability.

Service Limitations: The availability of our services may vary based on your location, and we reserve the right to limit or modify the services offered on our website.

Service Agreement: Availing yourself of our services may require entering into a separate agreement, which may include additional terms and conditions specific to the services requested. The terms of the separate agreement will govern your use of the services.

3. Disclaimer (general)

While the information contained within the app is periodically updated, no guarantee is given that the information provided in this app is correct, complete, and/or up-to-date.

  • The materials contained on this app are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter.
  • We at simpli5 do not accept any responsibility for any loss which may arise from reliance on information contained on Simpli5 App, and any other apps or written works published by Simpli5. This includes, but is not limited to, app content, articles, e-books and email messages.
  • You are solely responsible for any results you obtain as a result of using the information on this App.
  • This app and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • The reader/viewer assumes all risks and responsibility from the use, non-use, or misuse of this information.
  • Links within this app may lead to other websites, including those operated and maintained by third parties. Simpli5 App includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply).
  • You must be at least 18 years old to provide personal data via the contact form, subscriber forms, content article submission forms, and any other forms/polls/surveys on Simpli5 App and any other app owned by Simpli5.
  • Please read the Privacy Policy for details regarding data collection and usage and other privacy information.
  • Your use of this app indicates acceptance of this disclaimer and app policies.
  • This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this app or the services found on this app.

4. Copyright, trademarks and other intellectual property

Simpli5 owns the intellectual property rights in all of the content of this App or has permission to use or display the material on this App.

  • You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our App content in whole or in part except as expressly authorised by us.
  • Images and item descriptions posted on this App by third parties are the responsibility of those third parties and may be subject to copyright.
  • You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this App may be the trademarks of their respective owners.

5. Copyright infringement
If you believe that there is material on our app that infringes third party intellectual property rights, please email hello@simpli5.in with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Simpli5 App if appropriate.

6. Social Media Platforms
Simpli5 also uses interfaces with social media sites such as Facebook, YouTube, LinkedIn, Twitter and others. If you choose to “like” or “share” information from this app through these services, you should review the privacy policy of that service.

By using this app, you recognize that Simpli5 is not responsible for any information and material on this app that is linked to a third-party site.

7. Third-party links
This app may also, on occasion, include links to other websites which are not controlled by us.

  • These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
  • Third-party links on our app do not signify that we recommend or endorse the websites.
  • We have no control over the nature, content and availability of those websites.

8. Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this app in any way, subject to the requirements of Indian Consumer Law.

  • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this app or the services found on this app.

9. Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
a. your unauthorized use of this app or products or services included or advertised on this app.
b. your breach of these terms and conditions.

12. Applicable law

This agreement is governed by the laws of India and you consent to the exclusive jurisdiction and venue of courts within Mumbai, India in all disputes arising out of or relating to the use of this App.

  • You may provide notice to us through the contact us page or otherwise by email hello@simpli5.in
  • We may provide notice to you via email or other electronic means.
  • Use of this app is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this app is unauthorized, it is your responsibility to stop using this app.

13. Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of this app.

14. Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our Privacy Policy form the entire agreement between you and us.

Terms & Conditions – Simpli5 Buddy

These terms hereinafter (“Buddy Terms”/ “Terms”), are intended to make You aware of the respective rights and responsibilities associated with procurement and use of goods/products and services from Simpli5 through a Buddy (“Services”).

Simpli5 utilizes the latest web, mobile and social networking technologies to allow Users to order on the Platform. The Users of the Platform and Services shall include without limitation, all Users accessing the Platform and other partner platforms for ordering different items as part of the Services and getting it delivered through a delivery partner (“Delivery Partner”). The Delivery Partner can be Tata 1mg, Instamart or any other delivery partner, as designated by Simpli5, at its sole discretion.

These Buddy Terms govern the relationship among Simpli5, Buddy, Delivery Partner, and Users of our Platform. Simpli5 provides an innovative online platform where Users can conveniently browse, select, and order a variety of items (“Items”) from third-party supplier. Through our buddy service, Users can enjoy personalized assistance in placing orders, ensuring a seamless shopping experience.

Once an order is placed through the Platform, our trusted Delivery Partner, assumes responsibility for delivering the ordered Items to the User’s specified address. This collaboration allows us to offer efficient order processing and reliable delivery services.

Please read these Buddy Terms carefully to understand the roles and responsibilities of Simpli5, Delivery Partner, and Users in the order placement and delivery process. By using our Services, You agree to abide by these terms, ensuring clarity and mutual understanding between all parties involved.

1. SERVICES

We grant You a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. Our Services aim to offer assistance to the User by linking the User to the Buddy (“Buddy”) who will assist or facilitate transactions, interactions, or Services between the Platform and the User. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. Your use of the Platform and its Services is at Your sole risk, including the obligations that You might face after availing services from Simpli5.
Simpli5 also provides You the option to onboard a family member/caregiver (“Member”) to help with the order management and updates related therein. The User can onboard a Member to operate the user account, in order to manage the order(s) placed by the User, or place an order on behalf of the User. The Member will have the authority on behalf of the User to make changes or approve the order, or initiate payment for the order placed. The Member will act as a point of contact for the Buddy regarding order management and updates in scenarios where such option has been opted for by the User.
Simpli5 reserves the right to suspend/cancel, or discontinue any or all Items or Services at any time without notice, make modifications and alterations in any or all of its contents, Items and Services contained on the Platform without any prior notice.
You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by us under the Terms shall be considered part of the Services.
Simpli5 reserves the right to charge a subscription and/or membership fee in respect of any of its Items or Services and/or any other charge or fee on a per order level from Users, in respect of any of its Items or Services on the Platform anytime in future.

2. ROLES AND RESPONSIBILITIES
The User can subscribe to the Services on the Platform for the purchase of Items. The Platform will assign a Buddy to the User who will assist the User in placing an order from the Items available on the Platform or from a third-party merchant. The Delivery Partner will facilitate the delivery of such Item ordered by the User through the help of the assigned Buddy.
The Buddy will maintain communication with Users or the Member (as the case may be) regarding order status, delivery updates, and any issues that may arise during the order fulfilment process.
Simpli5 facilitates the order placement process initiated by Users through the Platform. Upon receiving an order, Simpli5 will process the order and coordinate with the Delivery Partner for delivery. Simpli5 will provide User support to assist Users with inquiries related to order status, item availability, and general platform usage.
The Delivery Partner is solely responsible for the delivery of ordered Items to Users at the specified delivery address provided during the order process. The Delivery Partner adheres to its own delivery policies and standards, ensuring timely and accurate delivery of Items to Users.

3. ORDER PLACEMENT AND PROCESS
Users will browse the Platform, select desired Items, and place orders through the Buddy as assigned by Simpli5. The desired Items may or may not be available on the Platform, in which case the Buddy will place the order with a third-party merchant to get the Item available to the User through the Delivery Partner. The price of the Items will be listed on our Platform. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the confirmation message. The User will be responsible for making the payment as mentioned on the confirmation message that the User will receive post placing the order.
You may be charged a delivery fee for delivery of your order by the Delivery Partner, the details for which shall be covered in a separate set of terms as agreed between Simpli5 and various delivery partners.
Users are responsible for providing accurate information during the ordering process, including item specifications, delivery address, and any special instructions. Users may make payments for ordered Items through any of the payment methods made available from time to time.
Users may also pay for orders via the Services or direct to the Platform using cash or credit/debit card on delivery options. You agree that Simpli5 may immediately authorize your credit card (or other approved facility) for payment for any order made under your account (as defined below).
If you have a question about a transaction on your credit card statement, please provide us notice through the “Contact Us” section of the Website to contact customer service.

4. ACCOUNT

You must create an account in order to use some of the features offered by the Services. Use of any personal information You provide to us during the account creation process is governed by our Privacy Policy. You must keep Your password confidential and You are solely responsible for maintaining the confidentiality and security of Your account, all changes and updates submitted through Your account, and all activities that occur in connection with Your account.

The Member to be onboarded by the User will have the login credentials of the User. The Platform will enable a two-factor authentication process for security purposes. The Member can also operate the account to view order history and handle payments and refunds related to any order placed by the Member or the User.

In creating an account on the Platform, You represent to us that all information provided to us in such process is true, accurate and correct, and that You will update Your information as and when necessary, in order to keep it accurate. If You are creating an account, then You represent to us that You are the owner or authorized agent of such account. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than Your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to the Services that You are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Simpli5 or third parties to incur substantial monetary damages and losses for which You may be held liable.

You are also responsible for all activities that occur in Your account. You agree to notify us immediately of any unauthorized use of Your account in order to enable us to take necessary corrective action. You also agree that You will not allow any third party to use Your Simpli5 account for any purpose and that You will be liable for such unauthorized access.

By creating an account, You agree to receive certain communications in connection with the Platform or Services.

5. SUBSCRIPTION
You may, at Your discretion and after reviewing the terms, may subscribe to certain Services as may be offered through the Platform by making payments at agreed intervals communicated at the time of availing the subscription or at the time of billing (“Subscription”). We will not be liable for any tax that You may be subject to in relation to Your use of the Subscription. If any taxes are payable, we may charge You for such taxes, in addition to Your Subscription and any other payments due from You. By agreeing to these terms, You represent that You are the authorised user of any payment information or method which You provide or use in connection with the Platform, including but not limited to any credit or other payment card details, PIN numbers, key or account associated with that payment, and You authorise the Company charge Your credit card or process Your payment with the relevant third-party payment processor for amounts payable by You (including any payments for renewal or extension of Your Subscription). You must ensure all the information that You submit is true and accurate (including, without limitation, where requested, Your credit/debit card number and expiration date, and other payment details) and that You have appropriate parental or guardian consent if You are under 18 years of age. You agree to pay all Subscription fees specified when You apply including all applicable taxes.

ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS UNTIL YOU CANCEL YOUR SUBSCRIPTION. RENEWAL PAYMENTS WILL BE TAKEN 3 DAYS BEFORE YOUR CURRENT SUBSCRIPTION PERIOD ENDS.

We reserve the right to alter the amount or terms of our Subscription fees at any time and to charge You for any unauthorized use of Your Subscription by third parties. Upon cancellation You will not be charged any further Subscription fees. No payments already made in respect of Subscriptions (including advance Subscription payments made with periods remaining unused) will be refunded (wholly or partly), except as follows: (A) cancellation within 15 days: we may refund the relevant part of the Subscription fees / amount in case of any cancellation of a Subscription within 15 days from the date of valid payment (whether for the purpose of the initial Subscription or any renewal / extension); and (B) cancellation on or after 15 days: no refund will be provided in case of any cancellation of a Subscription on or after 15 days from the date of valid payment (whether for the purpose of the initial Subscription or any renewal / extension).

6. DISCLAIMER OF WARRANTIES

You acknowledge and agree that the Items and Services are provided “as is” and “as available” and that Your use of the Services shall be at Your sole risk. Except as expressly specified herein, in no event shall Simpli5 be liable for any injuries, losses, claims, or direct damages or any warranties, express or implied and special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and Simpli5 hereby disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non–infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.

We will not be a party to or in any way be responsible for monitoring any transaction between You and the Buddy or any other third-party providers of Items or Services. However, if You have any problems or concerns with Your order of the Item, including any delivery services, please contact us and we will undertake our best efforts to address or resolve your problems or concerns. Your placement of order is between You and the Buddy through which You order, as well as the relevant Delivery Partner, and Simpli5 is not an actual party to any such order. You are solely responsible for all of Your communications and interactions with other Users of the Services and with other persons with whom You communicate or interact as a result of Your use of the Services.

Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to You.
LIMITATION OF LIABILITY

Except as expressly specified herein, in no event shall Simpli5 be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) these terms (including any changes thereto), (2) any use of the Platform and/or Services by the Users, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Services), or (4) non-performance, conduct, or policies of any restaurant or merchant in connection with the Services.

Simpli5 shall not be liable for any inaccuracies, delays, or errors in the information provided by Users, including but not limited to the selection of Items by the Buddy. Simpli5’s liability is limited to instances where the Buddy places an incorrect order on behalf of the User. In such cases, Simpli5 will be liable up to the value of the Item(s) affected by the incorrect order placement.

The Delivery Partner assumes full responsibility for the physical delivery of Items to Users. Simpli5 and the buddy service are not liable for issues related to delivery, including delays, damages, or non-delivery.

If the disclaimer of direct damages above is not enforceable at law, except as otherwise expressly set forth in the policies of Simpli5, You expressly agree that our liability to You (for any cause whatsoever and regardless of the form of the action) will not exceed the last fee You paid.

Terms Of Use – Simpli5 Partnerships

 

1. Introduction

These Terms and Conditions (“Agreement”) govern the use of exclusive referral links and codes provided by third-party partners (“Partners”) through the Simpli5 App (“App”). By using these links and codes within the App, users (“Users”) agree to be bound by these Terms and Conditions.

Simpli5 is a digital concierge app designed to assist senior citizens with day-to-day living by providing access to offers, services, and benefits from various Partners.

2. Eligibility

To participate in the Simpli5 Partnerships:

  • Users must be registered members of the Simpli5 App.
  • Users must be at least 18 years old.
  • Participation is limited to Users residing in countries where Simpli5 and its Partners operate.

3. Nature of Partnership

Simpli5 has entered into partnerships with selected Partners to offer Users exclusive access to benefits, discounts, or special services. These benefits are available exclusively to Simpli5 Users through referral links and codes provided within the App. Simpli5 does not guarantee the availability, accuracy, or quality of offers from Partners and is not liable for the performance of these services or products.

4. Exclusive Referral Links and Codes

  • Referral links and codes provided by Partners through the Simpli5 App are exclusive to Simpli5 Users and may not be transferred, shared, or posted outside the App unless explicitly permitted by Simpli5 or its Partners.
  • Users may only redeem benefits associated with exclusive links or codes if they meet the criteria outlined by the respective Partner.
  • These referral links and codes may be subject to expiration, usage limits, or other restrictions, as determined by the Partners. Users are responsible for reviewing and adhering to these specific terms.

5. Benefits for Simpli5 Users

Users of the Simpli5 App may receive exclusive benefits, such as:

  • Discounts on services or products from Partners.
  • Access to Partner services not available to the general public.
  • Special offers and rewards from Partners exclusively for Simpli5 Users.

However, Simpli5 does not:

  • Guarantee the continued availability of any exclusive benefits.
  • Warrant the quality, safety, or accuracy of the goods and services provided by Partners.
  • Assume responsibility for disputes between Users and Partners regarding exclusive benefits.

6. Fees and Commissions

  • Simpli5 may earn a commission from Partners for each referral or transaction generated through exclusive links or codes.
  • Users are not entitled to any share of this commission unless explicitly stated in a separate arrangement.

7. User Responsibilities

  • Users agree to use exclusive referral links and codes only as intended within the App and in accordance with these Terms and Conditions.
  • Users must comply with all applicable laws and regulations regarding the use of these codes and links.
  • Simpli5 reserves the right to terminate a User’s access to exclusive benefits if misuse is detected.

8. Disclaimer of Warranties

  • Simpli5 provides referral links and codes on an “as-is” basis without any warranties, whether express or implied.
  • Simpli5 disclaims any liability for inaccuracies in offers, changes in terms, or interruptions in availability made by Partners.

9. Limitation of Liability

Simpli5 is not responsible for any direct, indirect, incidental, or consequential damages resulting from:

  • The use of referral links or codes.
  • Transactions made with Partners.
  • Issues or disputes arising between Users and Partners, even in cases involving exclusive Simpli5 benefits.

10. Termination

Simpli5 reserves the right to terminate or suspend the Simpli5 Partnerships program and Users’ access to exclusive referral codes and links at any time, with or without notice, for any reason, including but not limited to a violation of these Terms and Conditions.

11. Amendments

Simpli5 may revise these Terms and Conditions from time to time. Users will be notified of any material changes through the App. Continued use of exclusive referral links or codes following any changes constitutes acceptance of the updated Terms and Conditions.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, with jurisdiction being Mumbai, without regard to its conflict of law provisions.

13. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:
Email: hello@simpli5.in
Phone:+919821965445