This website, i.e. https://www.gethelpnow.in (“Website”) is operated by Pentanami Technologies Private Limited (HelpNow India), a company incorporated and existing under the Companies Act, 2013 and having its registered office at Plot No. 1840, Outram Lines, G.T.B. Nagar, Kingsway Camp, Delhi, North Delhi DL 110009, IN (hereinafter referred to as “HelpNow” or “us” or “we” or “our”) for facilitating prompt and safe private ambulance services, first aids or doctor at home. These Terms (as defined hereinbelow) were updated as on January 2022.
The services constitute a technology platform that enables Users (as defined hereinbelow) of the Website to arrange and schedule ambulance services, first aid services and/or doctor/nurse services at home. The ambulance services could be provided with either HelpNow’s ambulance fleet or such independent third party providers of such services, including independent third party ambulance providers (“Service(s)”).
You can determine when these Terms were last revised by referring to the date at the top of these Terms. HelpNow reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did HelpNow induce or invite or solicit you to visit the Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of HelpNow.
ELIGIBILITY AND CONSENT
By accessing the Website, the user(s), or the parent/legal guardian of the user(s) who are Minors (as defined hereinbelow) or the housing society/ies or corporate(s) and/or hospital(s), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.
If the Users are minors, i.e. under the age of 18 years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by these Terms.
It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
USE OF WEBSITE
Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.
The Websites shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
The Websites is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
The contents of the Websites are best viewed with the latest version of Adobe Flash Player.
Our Website is compatible only with the above-mentioned software’s or programmes. HelpNow shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by HelpNow or those devices that may be purchased from any third-party which are not compatible with the HelpNow’s Website.
Further, HelpNow reserves the right to upgrade the Website from time to time to provide its Services in the best possible manner.
Our Website may contain third-party content which may have opinions and views from the person. HelpNow shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that HelpNow shall not be liable and in no way be held responsible for any claims arising therefrom.
You hereby agree that HelpNow has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. HelpNow makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that HelpNow shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
For the purposes of this Clause 5, User shall mean any authorized representative from hospital/corporate/housing society who has the authority to bind the respective organization with these Terms. In addition, it shall also include any User who wishes to temporarily Collaborate (as defined hereinbelow) with HelpNow for an event.
The Website provides for helpline number 88222 88222 / Email us on email@example.com in the event any User (hospitals/corporates/housing society) want to deploy the ambulance at their premises. Further, the User can also temporarily deploy an ambulance for an event (“Deployed Ambulance”) (“Collaboration” or “Collaborate”).
In the event a User chooses to Collaborate with HelpNow, the User may write to us on firstname.lastname@example.org or contact on the number given 88222 88222.
Once the information is provided by the User for such Collaboration, HelpNow customer care (“Customer Care”) will contact such User to discuss about the process of such Collaboration and the payment thereof.
In the event that a Deployed Ambulance is engaged by the corporate/hospital/housing society and there is a requirement of another ambulance, then in such an event, the corporate/hospital/housing society can contact the Customer Care and HelpNow shall dispatch ambulance(s) as per the requirement.
MODE OF PAYMENT
Payment for the Services may be made by availing any of the following options (“Payment Method”)
Payments can be made by the User through UPI/ Cash
While availing any of the Payment Methods, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:
Lack of authorization for any transaction; or
Any payment issues arising out of the transactions; or
Decline of transaction for any other reasons.
The mere use of payment facility shall not render HelpNow liable for the non-arrival of ambulance, breach of representations and warranties, or fraud caused by the driver/helper/doctor of the ambulance/or any employee of the company in regards to the Services available on HelpNow’s Website. However, if the User has incurred a loss due to a direct fault attributable to HelpNow, in that case, appropriate amount shall be refunded to the User based on internal investigation of cases and finding.
The User accepts and agrees that the payment facility provided by HelpNow is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.
To the fullest extent provided by applicable law, you acknowledge and agree that HelpNow will not be liable for any actions or omission on the part of driver of the ambulance.
In order to use the Services provided by HelpNow, the User must contact on the helpline number 88222 88222 or any other number that may be updated on the Website from time to time (“Helpline Number: 88222 88222”).
By contacting on the Helpline Number the User represents to provide true and correct information. Based on such information, the Customer Care may arrange for (i) inter-city ambulance, (ii) intra-city ambulance, (iii) air-ambulance, (iv) cardiac ambulances, (v) BLS ambulance, (vi) med cabs, (vii) ventilator ambulances (viii) Air Ambulance (ix) neonatal ambulances, (x) ICU, (xi) pet ambulance, (xii) first-aid services, or (xiii) doctor/nurse at home. (“Transaction”)
HelpNow shall not be responsible for the Services, in case of wrong information provided by the User or material information is not provided by the User.
By submitting such information, you grant to HelpNow the right to provide such information to third parties for purposes of facilitating the completion of the Transaction initiated by you or on your behalf. Verification of information may be required by the User prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, and prices of services described or depicted on the Website are subject to change at any time without notice.
HelpNow reserves the right, with or without prior notice, to do any one or more of the following:
discontinue any service;
bar any User from making or completing any or all Transaction(s); and
refuse to provide any User with any Service.
You agree to pay all charges that may be incurred by you or on your behalf on availing the Service through the Website/Phone/ Email/Chat or otherwise. Further, the User also covenants to pay all additional charges that you may incur or may be incurred on your behalf from time to time while availing such Services.
HelpNow or our Customer Care may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialling/announcing device. You agree that we may make such calls or messages to a mobile or other similar device. You agree that we may record this call, for training purposes or to evaluate the quality of our service, listen to the phone your conversation, that we have with us through our customer service facility.
Your carrier’s standard message rates will apply to your entry or submission message, HelpNow’s confirmation, and all subsequent text messages. In addition to this, other charges may apply. All charges are billed by and payable to your mobile service provider.
HelpNow will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to HelpNow as part of this service. HelpNow may use this information to contact you and provide services you request from HelpNow. HelpNow may also use this information as described in the subscription list you’ve enrolled in. HelpNow may use an automatic dialling system to deliver text messages to you.
You can cancel the Service at any time. However, in the event, an ambulance is dispatched and the User cancels the Service such Service, following charges shall apply:
For cancellation of a Local Trip (as defined hereinbelow) – HelpNow shall charge a nominal cancellation fee at the discretion of HelpNow by taking into account the distance travelled by the ambulance and other related factors.
For cancellation of an Outstation Trip (as defined hereinbelow) – HelpNow shall charge a cancellation fee of maximum up to 40% (forty percent) of the total invoice raised. The cancellation fee charged to the User shall be decided by HelpNow at their own discretion taking into account the distance travelled by the ambulance and other related factors. The cancellation fee shall be deducted from the advance paid by the User and the outstanding amount shall be refunded to the User.
HelpNow provides content on its platform which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
For the purpose of these Terms, a local trip “Local Trip” shall mean any trip within and upto the range of 150 (one hundred and fifty) kilo meters and an outstation trip “Outstation Trip” shall mean any trip over the range of 150 (one hundred and fifty) kilometres.
In case of an Outstation Trip, 50% (fifty percent) of the amount shall be collected in advance and the outstanding 50% (fifty percent) shall be collected upon reaching the destination.
HelpNow may communicate the actual price of the Services (“Consideration”) through Whatsapp or any other form of communication as may be decided from time to time.
In the event, where the Consideration amount has been wrongly communicated to you, HelpNow’s Customer Care will first contact you and communicate the revised and correct price and only upon your explicit instructions to continue the Transaction, HelpNow will provide the Services. In all other cases, such a Transaction shall be deemed to have ben not initiated.
We will try on a best effort basis to provide the Services, however, in the event, we cancel the Service due to unavailability or any other reason, we shall refund the amount to the source account, provided that the User has paid the advance amount for availing such Service. For the purpose of clarification, HelpNow’s liability shall only be limited to the advance payment made by the User, if any. HelpNow shall not be liable for any loss of the User for the acts or omissions of the User/driver/doctor/ paramedic/such other person.
Upon our sole discretion we may cease or discontinue any Service listed on our Website. Further, we may also change the price and/or any other information about any Service. You shall be responsible to keep yourself updated with the Services provided on the Website.
Notice for trademark infringement
HelpNow’s policy is to respond to notices of alleged infringement that comply with the applicable laws of India. Copyright-infringing materials found on the Website can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the applicable Indian laws may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide HelpNow’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying HelpNow that your copyrighted material has been infringed. HelpNow does not and will not make any legal decisions about the validity of your claim of infringement or the possible defences to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, HelpNow will respond by either taking down the allegedly infringing content or blocking access to it.
A trademark infringement notice must:
Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”)
Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate infringed trademark on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Be signed; and
Be sent to our designated agent at the following address:
Attention: HelpNow Grievance Officer
Address: Block Number 310, 3rd Floor, Business Bay Road Number 11, Near Aarpee Center, Chakala Industrial Area , MIDC , Andheri West , Mumbai 4000047 , Maharashtra
The Website are controlled and operated by Pentanami Technologies Private Limited from Delhi, and is not intended to subject HelpNow to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Unless otherwise agreed, you will not acquire any rights in any intellectual property on the Services or in their labels which include trademarks or brand logos and any such rights which you may by law acquire will be assigned automatically to HelpNow. You agree not to remove deface or cover up any name plates, logos or trademarks appearing on the Services. HelpNow owns all right, title, and interest in and to HelpNow’s registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services, including any and all templates created by HelpNow. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Services without express, prior written authorization from HelpNow. No rights are granted to you hereunder other than as expressly set forth herein.
You may not decompile, reverse engineer, or disassemble the contents of the Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Services or remove any copyright, trademark registration, or other proprietary notices from the contents of the Services.
You will not (a) use the Services for commercial purposes of any kind, or (b) advertise or sell the domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Services in any way that is unlawful, or harms HelpNow’s or any of its Representatives (as defined hereinbelow).
AGREEMENT TO RECEIVE MAILS AND NOTIFICATIONS
You by way of accepting these Terms consent to the receipt of communication from HelpNow by way of e-mails, newsletters and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our Services or for marketing or promotional purposes. You shall indemnify HelpNow for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do Not Call (DNC) Database. If you do not wish to receive communication from HelpNow by way of e-mails, newsletters and SMS notifications anymore, you can send an email to email@example.com .
CONDUCT OF THE USERS
You hereby agree, undertake and covenant that, during the use of the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
interferes with another Users use of the Service;
You may not decompile, reverse engineer, or disassemble the contents of the Service or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Service or remove any copyright, trademark registration, or other proprietary notices from the contents of the Service; and
You will not (a) use the Service for commercial purposes of any kind, or (b) advertise or sell the Service or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Service in any way that is unlawful, or harms HelpNow or any of their Representatives.
The Service is protected by copyright laws as well as other intellectual property laws as applicable. HelpNow and its licensors shall retain ownership in and to the Service and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Service subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
FEEDBACK AND SURVEYS
Any feedback you provide with respect to the Service any surveys undertaken by us shall be deemed to be non-confidential. The Service shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) HelpNow is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from HelpNow for the feedback or survey data under any circumstances, unless specified.
HelpNow reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.
These Terms are effective unless and until terminated by either you or HelpNow.
You may terminate the Terms at any time, provided that you discontinue any further use of the Website. HelpNow may terminate the Terms at any time and may do so without any prior notice.
DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICE ARE PROVIDED BY HELPNOW ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HELPNOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. HELPNOW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. HELPNOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HELPNOW DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HELPNOW, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELPNOW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF HELPNOW VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO HELPNOW. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
SEVERABILITY AND WAIVER
You agree to defend, indemnify and hold harmless HelpNow, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to HelpNow or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India and the language used shall be English
In accordance with the Act and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Ravi Henry Peters
Address: Block Number 310, 3rd Floor, Business Bay Road Number 11, Near Aarpee Center, Chakala Industrial Area , MIDC , Andheri West , Mumbai 4000047 , Maharashtra
Contact: 88222 882222
Email ID: firstname.lastname@example.org