Where every golden year is cared for like family. These Terms & Conditions constitute an electronic record under the Information Technology Act, 2000 and govern the relationship between VitaNest and any person availing our elder care services or accessing our Platform. By registering for, requesting, or availing any Service, or by accessing the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and VitaNest's Privacy Policy.
1.1 "Agreement" means the arrangement between VitaNest and the Client for the provision of Services, including these Terms, the Member Registration Form, and all annexures, schedules and policies referred to herein.
1.2 "Client" means the individual availing or registering for VitaNest's Services on behalf of a Member, who represents that they hold valid authority to act on the Member's behalf.
1.3 "Member" means the elderly or vulnerable person for whom Services are engaged, as identified in the Member Registration Form.
1.4 "Care Provider" means the nurse, attendant, companion, physiotherapist, or other personnel nominated or engaged by VitaNest, whether directly or through third-party agencies or freelancers, to render Services to a Member.
1.5 "Services" means all care management packages and à-la-carte services offered by VitaNest, together with any customised service agreed between VitaNest and the Client.
1.6 "Fees" / "Price" means all charges, taxes, and disbursements payable by the Client to VitaNest for the Services.
1.7 "Confidential Information" means any commercially sensitive, personal, or sensitive personal information exchanged between the Parties in connection with the Services.
1.8 "Platform" means VitaNest's website, mobile application, and any associated digital interface through which Services may be requested, booked, or facilitated.
1.9 "Third-Party Provider" means any retail pharmacy, diagnostic laboratory, hospital, ambulance operator, registered medical practitioner ("RMP"), or other independent service provider engaged by or associated with VitaNest to fulfil a part of the Services.
2.1 VitaNest reserves the right to amend, modify, or update these Terms, its Privacy Policy, or any other policy at its sole discretion. Changes take effect upon being posted on the Platform, and continued use constitutes acceptance.
2.2 The Services are available only to persons competent to contract under the Indian Contract Act, 1872. If the Member is a minor or otherwise incompetent to contract, the Client must hold valid power of attorney, guardianship, or other lawful authority.
2.3 Each Client may maintain only one active account on the Platform and shall not sell, transfer, or share such account or its credentials.
2.4 VitaNest reserves the right to refuse registration, suspend, or terminate access to the Services or Platform at its sole discretion.
3.1 Homecare and Elder Care Services. VitaNest provides in-home elder care including bedside attendant and nursing shifts (12/24-hour), periodic nursing visits, physiotherapy and daytime doctor visits, medical & non-medical care packages, intellectual companionship, health monitoring, dementia care, and errand/escort services. Each engagement is overseen by a VitaNest Care Manager. Services are limited to what is agreed in the registration form or subsequently confirmed in writing.
3.2 Emergency, Ambulance Facilitation & Hospitalisation Support. For applicable packages, VitaNest facilitates, on a best-effort basis, coordination of third-party ambulance services and hospitalisation assistance. VitaNest does not control hospital bed availability, actual medical treatment, or ambulance timeliness, and does not settle hospital bills on behalf of the Client/Member.
3.3 Hospital Discharge & One-Stop Support. Where opted for, VitaNest coordinates post-discharge requirements including nursing, bedside attendance, mobility aids, oxygen supplies, medical furniture, and medicines.
3.4 Platform-Facilitated Services. VitaNest acts as a technology intermediary connecting Clients/Members with independent, registered Third-Party Providers for medicines, diagnostics, and tele-consultation. VitaNest does not itself sell medicines, conduct tests, or provide consultations; the Third-Party Provider bears sole responsibility for quality and legality. Tele-consultations are not a substitute for in-person examination and are not for emergencies.
4.1 The Client shall truthfully disclose the Member's medical history and any relevant illness, condition, or disability.
4.2 The Client and Member shall treat Care Providers and VitaNest personnel with courtesy and shall not engage in any abusive, threatening, or inappropriate conduct.
4.3 The Client shall not, during the term and for one year thereafter, directly or indirectly offer employment to any Care Provider introduced through VitaNest.
4.4 Where more than one Member is registered, all Members must reside at the same household address on file, and Services shall be delivered only at that address.
4.5 Arranging travel for a Member to attend any social event organised by VitaNest is the sole responsibility of the Client.
4.6 The Client is responsible for the confidentiality of login credentials and all activity under the account; any suspected unauthorised use must be reported immediately.
4.7 The Client and Member shall use the Services and Platform only for lawful, personal, and non-commercial purposes.
5.1 Services shall be delivered at the time, date, and manner agreed between VitaNest and the Client.
5.2 If the Client/Member is unavailable for a scheduled visit or fails to provide necessary instructions, VitaNest may reschedule in consultation with the Client.
5.4 All Services are rendered on a best-effort basis. Where delivery involves a third-party partner, VitaNest is not liable for any inaction, delay, or service failure attributable to that third party.
5.5 If dissatisfied with an assigned Care Provider within the first two visits, the Client may request a change; one such request per Agreement term is entertained as a matter of course.
5.7 VitaNest may suspend home-visit Services during major public holidays and festival periods (Durga Puja, Diwali, Christmas, Holi), with best-effort advance notice.
5.8 Where the Client or designated physician is unreachable in an emergency, VitaNest and its Care Providers are authorised to make bonafide decisions in the Member's best interest; such good-faith decisions are valid and binding.
6.1 The Client shall pay a monthly subscription fee (the "Ongoing Service Fee") payable one (1) month in advance, together with, where applicable, a one-time non-refundable Upfront Registration Fee.
6.2 For packages involving Emergency Services, an Emergency Deposit may be collected; any unutilised balance is refunded to an Indian bank account on termination, without interest.
6.3 Fees, deposits, and applicable taxes (including GST at the prevailing rate) are fixed at registration and revised only by mutual agreement. Monthly invoices may include pass-through charges for medicines, tests, manpower, equipment, and physiotherapy.
6.4 Invoices must be settled within 10 days of being raised. Non-payment entitles VitaNest to terminate the Agreement from the date of default.
6.5 Temporary Absence: Where a Member is away for six consecutive months or longer, no monthly Fee is payable for the absence; for shorter absences, 50% of the monthly Fee remains payable — provided VitaNest is notified in advance.
6.7 The Service duration available for selection is 3, 6, or 12 months. Regardless of duration, the monthly subscription fee remains payable one month in advance for each month within the tenure.
7.1 This Agreement commences and expires on the dates in the Member Registration Form, corresponding to the Service duration selected (3, 6, or 12 months), and may be renewed in writing before expiry.
7.2 Either Party may terminate without assigning any reason by giving 30 days' prior written notice.
7.3 On breach, the non-defaulting Party may terminate with immediate effect if the breach is not remedied within 15 days of written intimation.
7.5 On termination or expiry, VitaNest ceases Services immediately; any Ongoing Service Fee or Upfront Registration Fee already paid stands forfeited (save as provided in Clause 6.2); and all medical/other expenses remain the responsibility of the Member/Client/estate.
8.1 VitaNest shall not, without the Client's consent, disclose Confidential Information except as necessary to deliver the Services or as required by law.
8.2 Personal and sensitive personal data is processed only in accordance with this Agreement and VitaNest's Privacy Policy, incorporated by reference.
8.3 Calls, chats, and e-prescriptions with any RMP or pharmacist may be recorded and retained for quality assurance and compliance, with consent.
8.4 The Platform may use cookies for technical administration, security, and analytics; no personally identifiable information is stored within such cookies.
9.1 All Platform content — text, graphics, layout, source code, and the "VitaNest" name, logo, and marks — is owned by or licensed to VitaNest.
9.2 VitaNest grants a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform solely for availing the Services.
9.3 Any product or Service purchased is for personal use only and may not be resold or used commercially.
The Client and Member agree not to upload unlawful/defamatory/infringing content, impersonate any person, use automated tools to extract data, attempt unauthorised access, upload malicious code, or interfere with the Platform. VitaNest may remove content or suspend access at its discretion. The Client/Member is responsible for their own device and internet connectivity.
The Platform may display editorial content for general awareness (not professional medical advice) and third-party advertisements (clearly distinguished and not endorsed by VitaNest). VitaNest bears no liability for third-party advertisement claims.
12.1 The Services and Platform are provided on an "as is" and "as available" basis. No guarantee is made regarding any particular care outcome.
12.2 VitaNest shall not be liable for special, indirect, incidental, or consequential damages, or loss of profit or revenue.
12.3 VitaNest has no liability for the inaction, delay, or service failure of any Third-Party Provider, including ambulance operators, hospitals, pharmacies, laboratories, and RMPs.
12.6 VitaNest is not liable for any accident, injury, fall, or medical emergency suffered by a Member during Service delivery, save where directly and solely caused by the proven gross negligence or wilful misconduct of a Care Provider directly employed by VitaNest.
The Client agrees to indemnify and hold harmless VitaNest, its affiliates, directors, employees, and agents against any losses, claims, damages, or expenses arising out of the Client's or Member's breach of these Terms, misuse of the Services/Platform, or violation of any third party's rights or applicable law.
By registering, the Client consents to receive service-related communication by SMS, email, WhatsApp, or telephone, notwithstanding any DND registration. Clients may opt out of promotional communications at any time, save for essential service and safety-related communication.
Any concern, complaint, or grievance may be addressed to VitaNest's designated grievance contact — Mobile: +91 93395 19820, Email: vitanesteldercare@gmail.com. VitaNest will make reasonable efforts to acknowledge and resolve grievances within a reasonable timeframe.
These Terms and the Agreement are governed by the laws of India. The courts at Kolkata shall have exclusive jurisdiction over any dispute.
Entire Agreement: These Terms, with the Member Registration Form and referenced policies, constitute the entire understanding and supersede prior agreements.
Notices: All notices shall be in writing, delivered by hand, registered post, or email.
Assignment: This Agreement is personal to the Client and may not be assigned without VitaNest's consent; VitaNest may assign to a successor or affiliate.
Waiver: No failure or delay in exercising a right operates as a waiver unless made in writing.
Severability: If any provision is invalid, it shall be modified to the minimum extent necessary or severed, with the rest continuing in force.
Force Majeure: VitaNest is not liable for delay or failure resulting from causes beyond its reasonable control, including natural disasters, epidemics, strikes, or governmental action.