1. Introduction
1.1
Welcome to Antara's Website ("Website"), operated and maintained by Antara Senior Living Limited ("ASLL") and Antara Assisted Senior Care Living ("AACSL"). For the purpose of these Terms and Conditions ("T&Cs") and the accompanying Privacy Policy, these entities are jointly referred to as "Antara", "Company", "We", "Us", or "Our." Anyone using, accessing, or providing information to the Website shall be referred to as "User," "You," or "Your."
1.2
By accessing or using this Website, You confirm that You have read, understood, and agreed to be bound by these T&Cs, which also incorporate our Privacy Policy. If You disagree with any part of these T&Cs, You may choose to discontinue use of the Website.
1.3
You must be at least 18 years of age to access or use this Website. If You are under 18, You may access the Website only under the supervision and with the consent of a parent or legal guardian.
2. Definitions
2.1
For the purposes of these Terms and Conditions, the following capitalized terms shall have the meanings set forth below, whether used in singular or plural form:
- "Anonymised Data" means any data that has been irreversibly processed in such a manner that the Data Principal cannot be identified, directly or indirectly, by using any means reasonably likely to be used by any person.
- "Antara", "We", "Us", "Our" refers to Antara Senior Living Limited, including their affiliates, officers, employees, and representatives, responsible for operating and maintaining the Website.
- "Applicable Law" means all laws, regulations, rules, notifications, circulars, orders, judgments, and governmental requirements in force in India or any other jurisdiction, including but not limited to the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and where applicable, the EU General Data Protection Regulation (GDPR).
- "Breach", "Data Breach" refers to any unauthorized access, acquisition, disclosure, destruction, or alteration of Digital Personal Data, resulting in compromise of its confidentiality, integrity, or availability.
- "Children" means individuals who are under 18 years of age. Processing their Digital Personal Data requires verifiable consent from a parent or legal guardian as per Section 9 of the DPDP Act.
- "Consent" means a free, specific, informed, unconditional, and unambiguous indication of the Data Principal's agreement to the processing of their Digital Personal Data for a specified purpose, provided via a clear affirmative action.
- "Cookies" are small data files stored on the User's browser or device to enhance Website functionality, remember preferences, conduct analytics, and deliver personalized experiences. Consent may be required for non-essential cookies.
- "Data Fiduciary" refers to Antara, or any person who alone or in conjunction with others determines the purpose and means of processing Digital Personal Data.
- "Data Principal" means the individual to whom the Digital Personal Data relates. Under GDPR, this is referred to as the Data Subject.
- "Data Protection Officer (DPO)" means the person appointed by Antara to oversee compliance with applicable data protection laws, respond to User queries, and interface with authorities as required.
- "Digital Personal Data" refers to any data in digital form about a Data Principal who is identifiable by or in relation to such data, including but not limited to name, phone number, email, IP address, location, device ID, and user interactions.
- "Grievance Officer" means the person designated by Antara to receive and address User complaints, as mandated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- "Personal Data" means any data, in digital or non-digital form, that relates to a natural person who is identifiable either directly or indirectly.
- "Processing" means any operation performed on Digital Personal Data, whether automated or not, including collection, storage, use, disclosure, transfer, erasure, or destruction.
- "Profiling" refers to any form of automated processing of Digital Personal Data to evaluate or predict aspects relating to a natural person's behaviour, preferences, interests, health, reliability, or movements.
- "Pseudonymised Data" means data that has been processed such that it cannot be attributed to a specific individual without the use of additional information that is kept separately and secured.
- "Recruitment Data" means all Digital Personal Data submitted by a User in connection with job applications via the Website or email, including resumes, cover letters, contact details, employment history, educational background, and certifications. Such data is processed strictly for recruitment evaluation purposes.
- "Sensitive Personal Data or Information (SPDI)" includes passwords, financial data, health-related data, biometric identifiers, sexual orientation, or other data classified as sensitive under applicable law.
- "Services" means the features, functions, content, interactions, and offerings made available to Users via the Website, including but not limited to forms, subscriptions, customer support, webinars, and job applications.
- "Significant Data Fiduciary" refers to any Data Fiduciary so designated by the Central Government under the DPDP Act, based on factors like volume and sensitivity of data processed, and impact on Data Principals.
- "Third Party" means any individual, entity, or service provider other than Antara or the User, who may be involved in processing Digital Personal Data on behalf of or in association with Antara.
- "User", "You", "Your" refers to any individual or legal entity who accesses or uses the Website in any manner, including browsing, interacting, submitting forms, or subscribing to communications.
- "User Content" means any text, data, input, query, feedback, message, testimonial, or document voluntarily provided by the User via Website forms, chats, emails, or interactive features.
- "Web Beacon", "Pixel Tag" refers to a transparent image file used in conjunction with cookies to track the effectiveness of online communications or user interactions on the Website.
- "Webinar Data" refers to Digital Personal Data submitted by Users when registering for or participating in webinars hosted by Antara, including name, contact information, professional designation, and participation logs.
- "Website" means the domain https://www.antaraseniorcare.com, including all subdomains, microsites, tools, and digital platforms owned or operated by Antara.
- "WhatsApp Data" refers to any data voluntarily submitted by a User during interactions with Antara via WhatsApp, including messages, name, phone number, and queries. Such data is processed solely for responding to service-related queries and may be subject to WhatsApp's own privacy policies.
3. Acceptance of Terms
3.1
Please read these T&Cs carefully before accessing, browsing, registering, or transacting on the website operated by Antara Senior Living Limited, including its mobile applications, digital interfaces, WhatsApp chat services, and any associated platforms (collectively, the "Platform"). By using the Platform in any manner, including visiting, interacting, making inquiries, or transacting, you acknowledge that you have read, understood, and agree to be legally bound by these T&Cs, as well as our Privacy Policy and other applicable policies. If you do not agree with these Terms, you are advised to immediately cease all use of the Platform.
3.2
These T&Cs constitute an electronic record under the Information Technology Act, 2000, and its applicable rules, as well as the relevant provisions of other laws as amended by the IT Act. This document does not require any physical, digital, or electronic signature. It has been published in compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of rules and regulations, privacy policy, and user agreement for access or usage of the Platform.
3.3
For the purpose of these T&Cs, the terms "You", "Your", or "User" shall mean any natural or legal person who visits, accesses, uses, or transacts on the Platform, either as a guest user or as a registered user who provides Registration Data by creating an account on the Platform. Unless explicitly stated otherwise, registration is not mandatory for mere browsing; however, certain features and services (including consultations, booking, or transactions) are accessible only upon successful registration.
3.4
By accessing, using, or transacting on the Platform, you expressly accept and agree to be bound by these T&Cs. This acceptance shall also include your agreement to any rules, guidelines, policies, disclaimers, notices, or additional terms applicable to specific services offered on the Platform, including but not limited to the Privacy Policy, Cookie Policy, Service Terms, or Disclaimers, which shall be deemed to be incorporated by reference into these T&Cs. When redirected to any external or third-party website from the Platform (e.g. for payment, appointment booking, or teleconsultation), you shall be bound by the terms and privacy policy of that external website and not by these T&Cs.
3.5
By accepting these T&Cs and using the Platform, you also consent to receive communications from ASLL and its authorized partners, service providers, and affiliates, via phone calls, SMS, emails, push notifications, or other electronic means, for service updates, appointment reminders, transaction confirmations, and promotional purposes. This consent shall apply even if your mobile number is registered with the National Do Not Call Registry (NDNC) or on www.nccptrai.gov.in, in accordance with the Telecom Commercial Communications Customer Preference Regulations, 2010.
3.6
ASLL may engage reputable third-party service providers for analytics, personalization, marketing automation, and user experience improvement. By using the Platform, you authorize ASLL and its service partners to collect, store, analyze, use, reproduce, and adapt information related to your use of the Platform (such as browsing behaviour, device data, clickstream data, or submit queries) to enhance service quality, usability, and personalization. All such processing shall be in accordance with the ASLL Privacy Policy and subject to applicable law. Any services provided by such third parties may also be governed by their respective terms and conditions.
4. Modification of Terms
4.1
ASLL reserves the exclusive right to amend, revise, alter, or modify these T&Cs, the Privacy Policy, or any other policies, rules, or guidelines of the Platform at its sole discretion, without prior notice to the User. Such modifications shall become effective immediately upon being published or updated on the Platform. You waive any right to receive individual notice of any such changes.
4.2
However, ASLL will inform you of any significant changes in the T&Cs or Privacy Policy at least once annually via the contact information provided at the time of registration or via a notification on the Platform.
5. User Eligibility and Registration
5.1 Age and Legal Capacity
5.1.1
To access, use, browse, or transact on the Platform or avail of any Services, you must be at least eighteen (18) years of age and legally competent to enter into a contract under the Indian Contract Act, of 1872. By accepting these T&Cs, you represent and warrant that:
- You are of legal age and capacity;
- You have the legal authority to access and use the Platform;
- Your use of the Platform is not prohibited under any Applicable Law, court order, or contractual obligation.
5.1.2
If you are a parent or legal guardian of a minor or a person of unsound mind, you may use the Platform on their behalf to procure services, provided that you accept full responsibility for such use.
5.2 Eligibility to Register
5.2.1
Registration is permitted only to natural persons with the legal capacity to contract. The following individuals are ineligible to register or use the Platform:
- Minors without legal guardianship representation;
- Undischarged insolvents;
- Individuals barred under Applicable Law or contractual restriction.
5.2.2
By creating an account, you confirm that you meet these eligibility criteria.
5.3 Account Usage and Restrictions
5.3.1
A registered account on the Platform is strictly personal and non-transferable. You agree and undertake the following:
- You shall create and maintain only one (1) individual user account;
- You shall provide true, accurate, current, and complete information during registration and keep it updated;
- You shall maintain confidentiality of your account credentials and restrict access to your devices;
- You shall promptly notify ASLL of any suspected security breach, unauthorized access, or misuse of your account;
- You shall not permit others to use your account or impersonate another person or entity;
- You accept full responsibility for all activities conducted through your account;
- All communications and legal notices from ASLL shall be deemed served upon dispatch to your registered email ID and/or mobile number.
5.4 Prohibited Registrants
5.4.1
Companies, organizations, or commercial entities may not register or use the Platform through personal accounts. Platform use is intended solely for individual residential users or their authorized caregivers/guardians.
5.5 User Warranties and Obligations
5.5.1
By using the Platform, you expressly agree:
- Not to engage in fraudulent, misleading, or unlawful activity;
- Not to interfere with, damage, or disrupt the Platform or its associated services;
- Not to transmit malware, spyware, or other harmful code;
- To comply with all applicable laws, including privacy and data protection laws;
- To use the Platform only for lawful and permitted purposes.
5.5.2
You also consent to ASLL collecting, storing, and processing your data in accordance with the Privacy Policy, and to receiving service-related or promotional communications via SMS, email, or other electronic means. You may opt-out of such promotional communications as provided in the policy.
5.6 Service Interruptions and Updates
5.6.1
You acknowledge that the Platform may undergo maintenance, upgrades, or temporary downtime. ASLL shall endeavor to provide prior notice of such events, though it shall not be held liable for any disruption or inconvenience caused thereby.
5.7 Suspension and Termination
5.7.1
ASLL reserves the right to suspend, restrict, or permanently disable access to your account or usage of the Platform, without prior notice, in cases of:
- Breach of these T&Cs;
- Suspicious or fraudulent activity;
- Regulatory compliance;
- Threat to Platform integrity, other users, or public safety.
5.7.2
Such suspension may be accompanied by an internal investigation or legal proceedings as deemed necessary.
5.8 User Responsibilities
5.8.1
You agree to:
- Cooperate with ASLL in all matters relating to the Platform and its services;
- Comply with all applicable laws and ASLL's instructions for lawful and secure use;
- Provide accurate information and documents as required;
- Be solely responsible for your internet connectivity, equipment, and configuration;
- Bear liability for any delays, service disruptions, or data loss arising from your failure to maintain required systems or provide timely cooperation.
6. Registration
6.1 Requirement for Registration
6.1.1
To access or avail specific services, submit inquiries, or complete any transactions on the Platform operated by ASLL, you may be required to register and create a unique user account. The registration process shall follow ASLL's prescribed procedure and may involve the collection of the following categories of personal information ("Registration Data"):
- Full Name
- Email Address
- Mobile Number
- Gender
- Date of Birth or Age
- User-created Password
- Residential/Communication Address
- Banking Details (only for processing refunds or authorised financial transactions)
6.1.2
ASLL processes such data in accordance with its Privacy Policy and Applicable Laws.
6.2 Optional Browsing Without Registration
6.2.1
Users may view publicly available information and content on the Platform without registering. However, access to certain services, including bookings, inquiries, webinars, payments, and personalized experiences, will require successful registration and account creation.
6.3 Third-Party Authentication
6.3.1
You may choose to register and log in using authorized third-party platforms (e.g. Google or Facebook). By doing so:
- You authorize ASLL to access only the relevant profile information strictly necessary for account creation and verification.
- ASLL shall not post or publish content on your behalf on such third-party platforms without your express consent.
- All interactions with such platforms shall be governed by their respective terms of service and privacy policies, and ASLL disclaims any liability for third-party misuse or failure.
6.4 Accuracy and OTP Verification
6.4.1
You agree to provide only accurate, current, and complete information at the time of registration. False, incomplete, or misleading information shall be treated as a material breach of these T&Cs. Your registration will require One-Time Password (OTP) verification to confirm your mobile number and/or email address, as detailed below:
- An OTP will be sent to your registered mobile number or email ID.
- The OTP must be entered correctly within the specified time period to complete registration.
- This mechanism is deployed to ensure identity verification and secure access.
- Failure to complete OTP authentication shall result in denial of registration or termination of an existing profile.
6.5 User ID and Naming Policy
6.5.1
When selecting a username, domain name, or public profile identifier on the Platform, you agree not to use or submit any name or term that:
- Infringes upon the intellectual property rights or identity of another person;
- Is obscene, offensive, defamatory, or vulgar;
- Misrepresents your association with any person or organization;
- Violates Applicable Law or contractual obligations.
6.5.2
ASLL reserves the right to decline, suspend, or deactivate any user account that breaches this clause.
6.6 Prevention of Fraudulent Registration
6.6.1
ASLL strictly prohibits the creation or maintenance of fraudulent, fictitious, or impersonated accounts. In cases where suspicious or anomalous activity is detected, ASLL may:
- Request documentary verification of identity and/or address (e.g., Aadhaar, passport, utility bill);
- Impose time-bound obligations to provide such documents;
- Restrict or suspend user access pending verification.
6.6.2
Failure to comply with such requests shall result in immediate termination of the account and permanent prohibition from using ASLL's services.
6.7 User Responsibility and Account Security
6.7.1
You are solely responsible for all activity conducted under your user ID and password. You agree to:
- Maintain confidentiality of your credentials;
- Immediately notify ASLL at grievance.officer@antaraseniorliving.com in case of any unauthorized use or suspected breach;
- Not use another User's account without proper authorization.
6.7.2
ASLL shall not be liable for any loss or damage resulting from your failure to maintain the confidentiality and security of your account credentials.
6.8 Platform's Discretion
6.8.1
ASLL reserves the exclusive right to:
- Refuse or cancel any user registration at its sole discretion;
- Deactivate, suspend or block any account that violates these Terms or is involved in suspicious behavior.
6.8.2
All user accounts remain subject to ASLL's continuous monitoring and security protocols in accordance with Applicable Law.
7. User Obligations and Consent Choices
7.1 User Obligations
7.1.1
By accessing, browsing, registering, or transacting on the Platform, you agree to the following obligations:
- You shall not submit or register false, misleading, frivolous, or malicious grievances or complaints to Antara;
- You shall provide only such information that is truthful, complete, and verifiably authentic to the best of your knowledge;
- You shall comply at all times with the applicable laws of India, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and all data protection laws in force from time to time; and
- You shall not impersonate any individual or falsely represent your identity while providing personal data for any purpose on or through the Platform.
7.2 Voluntary Nature of Data Sharing
7.2.1
You retain full discretion over whether to share your Digital Personal Data with Antara. You may access general information and public content available on the Website without providing any personal data. However, withholding such data may restrict your ability to:
- Contact Antara for queries or service requests;
- Receive updates, announcements, newsletters, or promotional offers;
- Participate in webinars, events, or marketing campaigns;
- Engage via WhatsApp for support, reminders, or service coordination.
7.2.2
Please note that failure to provide certain requested data may result in limited access to specific Services or the inability to receive personalised support.
7.3 Consent and Right to Withdraw
7.3.1
Your continued use of the Platform constitutes your freely given, specific, informed, and unambiguous consent to the collection, processing, and use of your Digital Personal Data, in accordance with our Privacy Policy and applicable laws.
7.3.2
You may withdraw your consent at any time, especially in the following cases:
- When your Digital Personal Data is proposed to be shared with a third party; or
- When your data is proposed to be used for a purpose materially different from the original purpose of collection.
7.3.3
To exercise your opt-out rights, please contact Antara by writing to contactus@antaraseniorcare.com. Upon such opt-out, your access may be restricted to public areas of the Website, and certain Services may become unavailable.
7.4 Cookies Preferences and Opt-Out
7.4.1
Antara's Website uses cookies to optimize your browsing experience, track usage patterns, and offer personalised content and advertisements.
7.4.2
If you do not wish to accept cookies:
- You may configure your browser to reject all cookies or notify you when cookies are being sent.
- You may delete existing cookies stored in your browser.
- You may opt out of analytics and advertising cookies through standard opt-out mechanisms, including the Network Advertising Initiative (NAI), or by visiting Google's Ad Settings.
7.4.3
Please note that rejecting or disabling cookies may affect the functionality of the Website or restrict your access to certain features.
7.4.4
Antara does not guarantee full performance or accessibility of the Website in the event cookies are disabled or deleted by you. Antara disclaims all liability for disruptions or loss of functionality arising due to such settings.
8. Links to Third-Party Websites and Third-Party Content
8.1 Informational Use of Third-Party Content
8.1.1
The Platform operated by ASLL may contain hyperlinks to websites, mobile applications, or digital tools operated by third parties, or it may include content or information provided or sourced from third parties, including but not limited to product and service descriptions, catalogues, brochures, images, health-related resources, videos, and other material ("Third-Party Content").
8.1.2
Such Third-Party Content is provided for general informational purposes only. Its inclusion does not imply any form of affiliation, endorsement, certification, or verification by ASLL, its directors, officers, employees, or affiliates.
8.2 Disclaimer of Accuracy and Control
8.2.1
While ASLL makes reasonable efforts to include relevant and accurate content on its Platform, ASLL neither monitors nor controls the Third-Party Content displayed or linked from the Platform. Therefore:
- ASLL disclaims all liability for any loss, injury, or damage suffered, directly or indirectly, as a result of your reliance on or use of any such Third-Party Content;
- Users are strongly encouraged to verify such content independently before acting upon it or engaging with external websites or platforms.
8.3 No Agency or Affiliation
8.3.1
The inclusion of links or references to Third-Party Content does not establish any agency, partnership, joint venture, or commercial affiliation between ASLL and such third-party entities. Accordingly:
- ASLL, its affiliates, or representatives make no warranties—express or implied—as to the accuracy, authenticity, security, or quality of the products, services, or information offered through such third-party platforms;
- Any reliance on or transaction with external websites is at your sole risk and discretion.
8.3.2
Users are responsible for reviewing and complying with the terms, policies, and disclaimers of those external sites before interacting or transacting with them.
8.4 Third-Party Cookies and Digital Tracking
8.4.1
ASLL uses cookies and web technologies, including those from third-party vendors, to enhance user experience and deliver personalized content. This includes the use of:
- Google's DoubleClick DART Cookies, which allow advertisements to be served based on a User's visits to ASLL's Platform and other websites across the Internet.
8.4.2
Users may opt out of the use of DART cookies by visiting the Google Ads Settings or by consulting the Google Ad and Content Network Privacy Policy at: https://policies.google.com/privacy
Targeted Advertising and Public Content Visibility
- ASLL may permit third-party advertising networks to display ads through the Platform based on browsing behaviour and inferred preferences. To manage these preferences:
- Users may opt out of targeted advertising by visiting the Network Advertising Initiative (NAI) Opt-Out Page at: https://optout.networkadvertising.org.
- Additionally, Users who post content (e.g., reviews, testimonials, or public listings) acknowledge and agree that such content may:
- Be indexed by search engines (e.g., Google, Bing);
- Appear in public search results, browser caches, and RSS feeds;
- Be republished by third-party sites as part of syndicated or co-branded arrangements.
- ASLL does not control the indexing, caching, or removal timelines of such third-party systems and is not liable for the continued appearance of such content on external platforms. Requests for removal must be addressed directly to the respective third-party service.
9. Acceptable Use and Prohibited Conduct
- You agree not to misuse the Platform or engage in any activity that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- infringes the intellectual property rights or privacy rights of any third party;
attempts to gain unauthorized access to the Platform, other User accounts, or computer systems or networks connected to the Platform; - involves reverse engineering, decompiling, disassembling, or attempting to derive source code from the Platform;
- involves automated use of the system, such as using scripts or bots to harvest data or interact with the Platform;
- violates any applicable local, national, or international law or regulation.
10. Grievance Redressal and Escalation Mechanism
Purpose and Commitment:
ASLL is committed to resolving grievances raised by Users in a fair, transparent, and timely manner. This Clause outlines the mechanism by which Users may escalate concerns or lodge complaints regarding Products, Services, transactions, or any aspect of the Platform.
Grievance Officer Appointment:
ASLL has appointed a Grievance Officer who is responsible for addressing User complaints in accordance with applicable laws. The Grievance Officer shall act as the primary point of contact for Users and is empowered to investigate and resolve issues independently and professionally.
Grievance Officer Details:
- Name: Dr. Mandeep Singh
- Designation: Grievance Officer
- Email: Grievance@antaraseniorcare.com
- Contact Number: +91-8826380067
- Working Hours: 10:30 AM – 6:30 PM, Monday to Friday
How to Lodge a Grievance:
- Users may submit complaints via email or phone to the Grievance Officer, providing the following information:
- Full name and contact details;
- Description of the grievance with supporting documentation, if any;
- Relevant transaction/order ID or reference number (if applicable); and
- Date and nature of the incident or concern.
Redressal Timeline and Process:
- All grievances shall be acknowledged within twenty-four (24) hours of receipt.
ii. ASLL shall investigate and aim to resolve complaints within fifteen (15) working days, subject to the complexity of the matter. - The User shall be informed of the resolution or status updates at regular intervals.
Escalation to Nodal Officer:
- If the User is not satisfied with the resolution or if the grievance remains unaddressed within the prescribed timeline, the complaint may be escalated to the designated Nodal Officer of ASLL, appointed in accordance with the Consumer Protection (E-Commerce) Rules, 2020.
Nodal Officer Details:
- Name: Prateek Sood
- Designation: Nodal Officer
- Email: Nodal@antaraseniorcare.com
- Contact Number: +91-8800001320
- Working Hours: 10:30 AM – 6:30 PM, Monday to Friday
The Nodal Officer shall re-examine the complaint and provide a final resolution, typically within ten (10) working days from escalation.
Confidentiality and Fairness:
- ASLL shall ensure that all complaints are handled with the utmost confidentiality and impartiality. No User shall be discriminated against for raising a grievance in good faith.
Record Keeping and Compliance:
- All complaints and their resolution shall be documented and retained by ASLL for legal, compliance, and quality assurance purposes. ASLL reserves the right to take corrective measures or initiate further inquiry if systemic issues are identified.
No Waiver of Legal Rights:
This clause shall not be construed to limit any rights available to Users under applicable law. However, Users are encouraged to exhaust the internal grievance mechanism prior to seeking external remedies.
11. Compliance with the General Data Protection Regulation (GDPR) and DPDP Act
- ASLL is committed to ensuring the lawful, fair, and transparent processing of personal data in accordance with the applicable data protection laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR"), and the Digital Personal Data Protection Act, 2023 ("DPDP Act"), to the extent applicable.
- We process Digital Personal Data of users based on one or more lawful bases as defined under Article 6 of the GDPR, including where:
- You have given explicit, informed, and voluntary consent for the specific purpose;
- Processing is necessary for the performance of a contract to which you are a party;
- Processing is required for compliance with a legal obligation;
- Processing is necessary to pursue legitimate interests, provided such interests are not overridden by your fundamental rights and freedoms.
- If you are a resident of the European Economic Area (EEA) or a user whose data is subject to GDPR protections, you have the following rights under the GDPR:
- Right to Access your personal data;
- Right to Rectification of inaccurate or incomplete data;
- Right to Erasure ("Right to be Forgotten");
- Right to Restrict Processing of your personal data;
- Right to Data Portability;
- Right to Object to processing;
- Right to Withdraw Consent at any time without affecting the lawfulness of prior processing;
- Right to Lodge a Complaint with the supervisory authority in your country of residence or with the Data Protection Authority in India, as applicable.
- We have implemented appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of your data. Transfers of personal data outside the EEA (including to our servers or third-party vendors in India) shall occur only under lawful mechanisms such as standard contractual clauses, adequacy decisions, or other approved safeguards in accordance with Article 44–50 of the GDPR.
- By using our Platform and Services, you acknowledge that your data may be collected, stored, and processed in accordance with this clause and our Privacy Policy. You may contact our designated Grievance Officer or Data Protection Officer at [contactus@antaraseniorcare.com] for any concerns, to exercise your data rights, or to lodge complaints.
12. Intellectual Property Rights
Ownership and Scope of Intellectual Property
- All content and material displayed, hosted, transmitted, or accessible on or through the Platform operated by Antara Senior Living Limited ("ASLL"), including but not limited to text, graphics, designs, interfaces, visual elements, software code, data compilations, audio and video clips, photographs, buttons, icons, layout, trademarks, service marks, trade names, trade dress, logos, copyrights, domain names, know-how, and proprietary information (collectively, the "Content"), are the exclusive property of ASLL or its licensors and are protected under applicable Indian intellectual property laws, including but not limited to the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, and international treaties.
- Unless expressly stated otherwise, all rights, title, and interest in and to the Platform and its Content, including all intellectual property rights, are reserved and retained by ASLL or its licensors.
Permitted Use and Restrictions
- ASLL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and its Content solely for your personal, informational, and non-commercial use, and subject to strict compliance with these Terms and Conditions.
- This license does not grant you the right to:
- Copy, reproduce, modify, reverse-engineer, decompile, disassemble, translate, display, distribute, license, sell, lease, transmit, publish, create derivative works from, or otherwise exploit any part of the Platform or its Content;
- Circumvent any technological measures employed to restrict access to any part of the Platform;
- Remove or obscure any proprietary notices embedded in the Content.
- Any such unauthorized use shall constitute a material breach of these T&Cs and may subject you to civil and/or criminal liability.
Third-Party Content and Proprietary Marks
- The Platform may include Third-Party Content (as defined under Section 9), such as product/service descriptions, media files, and logos provided by ASLL's partners, vendors, consultants, caregivers, or third-party service providers. ASLL does not claim ownership over such content and makes no warranties regarding its accuracy, reliability, or legality.
- Certain trademarks, service marks, trade names, brand elements, or proprietary logos displayed on the Platform ("Marks") are either owned by ASLL or licensed by third parties. You are strictly prohibited from using, copying, reproducing, or misappropriating these Marks without the prior written authorization of ASLL or the respective third-party rights holder.
No License or Assignment Implied
- Nothing contained on the Platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content, Marks, or other proprietary information displayed on the Platform without the express written consent of ASLL or such third party as may own the intellectual property therein.
Copyright Infringement Notification
- ASLL respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been used or reproduced on the Platform in a manner that constitutes copyright infringement, you may notify ASLL by submitting a written complaint to:
Grievance and Copyright Officer
Antara Senior Living Limited
Email: grievance.officer@antaraseniorliving.com
Subject: Copyright Infringement Complaint
- Your complaint must include all the details as required under applicable Indian law, including but not limited to:
- A description of the copyrighted work;
- Evidence of your ownership;
- The specific URL or location of the infringing material;
- A declaration that the use is not authorized by the rights owner or the law.
Reservation of Rights
- Except for the limited rights expressly granted herein, all rights, titles, and interests in the Platform and its Content, including all intellectual property rights, are exclusively reserved by ASLL. Any unauthorized use, access, reproduction, or exploitation of ASLL's intellectual property shall constitute a violation of these T&Cs and may lead to legal action, injunctive relief, damages, and prosecution under applicable laws.
13. Disclaimer of Warranty and Liability
- ALL CONTENT, USER CONTENT, THIRD-PARTY CONTENT, OR INFORMATION PERTAINING TO THE PLATFORM OR ANY PRODUCT OR SERVICES ARE PROVIDED TO YOU ON "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- WHEN YOU ACCESS THE PLATFORM OR AVAIL OF ANY PRODUCT OR SERVICES AT OR THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ASLL AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT:
- THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.
- THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS.
- ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASLL OR THROUGH THE PLATFORM / CONTENT OR FROM THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
- PLATFORM WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THIS PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. ASLL AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS PLATFORM BY YOU OR ANY THIRD PARTY.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, ASLL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO PLATFORM, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ASLL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.
- ANY MATERIAL, CONTENTS, SOFTWARE, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ASLL IS NOT LIABLE FOR THE AUTHENTICITY OF SUCH DATA/INFORMATION.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ASLL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASLL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, OR PRODUCT EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE PLATFORM FROM OTHER THIRD-PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER ASLL NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE PLATFORM TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE PLATFORM AS RECOMMENDED BY THIRD-PARTY SERVICE PROVIDERS.
14. Indemnification and Limitation of Liability
- Indemnity: You agree to indemnify, defend, and hold harmless ASLL, its subsidiaries, affiliates, group companies, vendors, agents, and their respective directors, officers, employees, contractors, and agents (collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and other statutory fees and disbursements, and interest chargeable thereon) asserted against or incurred by the Indemnified Parties arising out of or in connection with:
- Your breach of the T&Cs related to the use of the Platform.
- Claims made by any third party due to or arising out of your use of the Platform, including but not limited to any content, user content, or third-party content provided by you.
- Any claim that any content, user content, or third-party content provided by you caused damage to a third party.
- Your violation of any rights of another user, including intellectual property rights.
- ASLL may notify you of any claims for which you shall be liable to indemnify ASLL. You will be required to consult with ASLL regarding the course of action to be undertaken in defending such a claim. Additionally, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of ASLL without the express prior written consent of ASLL, which can be withheld or denied, or conditioned by ASLL in its sole discretion.
- Limitation of Liability: ASLL assumes no liability whatsoever for any monetary or other damages suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform.
- Any interruption or errors in the operation of the Platform.
- Notwithstanding anything to the contrary in the Agreement(s), in no event shall ASLL, its subsidiaries, affiliates, and their respective officers, directors, employees, partners, or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from:
- Loss of use, data, or profits, whether or not foreseeable.
- Damages arising from any theory of liability, including breach of contract or warranty, negligence, or other tortious action.
- Any other claim arising out of or in connection with your use of or access to the Platform, services, content, user content, or third-party content.
- ASLL's entire and aggregate liability to you under and in relation to these T&Cs or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the price or value of the Product or Service, if any, paid by you to ASLL under the relevant order to which the cause of action for the liability relates.
- You acknowledge and agree that the limitations and exclusions of liability and indemnity provided in the T&Cs are fair and reasonable, and you expressly understand and agree that the foregoing disclaimers, exclusions, and limitations of liability are an essential part of the T&Cs and the agreement between you and ASLL.
15. Miscellaneous Terms
Governing Law and Jurisdiction
- These Terms and Conditions ("T&Cs") and any disputes arising out of or in connection with the Platform shall be governed by and construed in accordance with the laws of India. The User and ASLL are hereby collectively referred to as "Parties" hereafter.
- Any conflicts of law principles that would result in the application of the laws of any other jurisdiction are expressly excluded.
- Any dispute, controversy, or claim arising out of or relating to the Platform or these T&Cs, including their formation, interpretation, validity, performance, or termination, shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.
- The parties agree that the courts at New Delhi shall have exclusive jurisdiction over all disputes arising in connection with the Platform or these T&Cs.
- The parties hereby submit to the personal jurisdiction of the courts situated in New Delhi and waive any and all objections to the exercise of jurisdiction over them by such courts.
- Notwithstanding the foregoing, ASLL shall be entitled to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or halt the violation of intellectual property rights, unauthorized access to the Platform, or any other misuse of the Platform.
Survival
- The provisions of these T&Cs that by their nature should survive termination or expiration shall survive and remain in full force and effect, including, but not limited to, provisions related to intellectual property rights, confidentiality obligations, limitation of liability, and dispute resolution provisions.
Severability
- If any provision of these T&Cs is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the parties.
Waiver
- The failure of either party to enforce any provision of these T&Cs shall not be deemed as a waiver of that provision or the right to enforce it. Any waiver of any provision must be in writing and signed by the party granting the waiver. A waiver of any provision shall not be construed as a waiver of any other provision or a continuing waiver of the same provision in the future.
Amendments
- ASLL reserves the right to modify, amend, or update these T&Cs at any time without notice. Users will be deemed to have accepted any modified, amended, or updated T&Cs by continuing to access or use the Platform after the changes have been posted. It is the responsibility of Users to review the most current version of the T&Cs regularly.
Independent Parties
- The relationship between ASLL and the Users is that of independent parties. Nothing in these T&Cs shall be construed to create a partnership, joint venture, employment, or agency relationship between ASLL and the Users. Neither party shall have the authority to bind the other or incur any obligation on behalf of the other party.
Entire Agreement
- These T&Cs, including any additional terms and conditions or policies provided by ASLL, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
Force Majeure
- ASLL shall not be liable for any failure or delay in the performance of its obligations under these T&Cs due to events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, lockouts, or government actions.
Third-Party Website Disclaimer
- The Platform may contain links or references to third-party websites or resources. ASLL does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that ASLL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party websites.
Notice
- Any notice or communication required or permitted under these T&Cs shall be in writing and sent to the respective party's address or email address provided by the party. Notices shall be deemed effective upon receipt via email or seven (7) business days after being sent by registered mail, whichever is earlier.