SHAYBAH S.E.W.A.
Services for Elderly Wellness and Assistance

This document is an official policy of Shaybah Services For Elderly Wellness And Assistance . Unauthorized modification or distribution without written consent is prohibited. In the event of any disagreement or dispute, the provisions of this document shall be considered final and binding.

Table Of Contents

1. Introduction

2. Definitions

3. Scope of Services

4. Booking and Appointments

5. Payments, Refund and Cancellation Policy

6. Member Responsibilities

7. Service Limitations and Disclaimers

8. Privacy Policy and Data Protection

9. Emergency Protocols

10. Termination of Services

11. Governing Law and Jurisdiction

12. Changes to Terms

13. Contact Information

1. Introduction

These Terms of Service ( Terms ) set out the rules and conditions for using the services of Shaybah Services For Elderly Wellness And Assistance ( Shaybah , Shaybah S.E.W.A. , S.S.E.W.A. , we , our , us ). By booking, purchasing, or participating in any of our services whether online, at home, or through our community platforms, SOLACIA , you agree to be bound by these Terms as well as our Privacy Policy.

Our aim is to provide professional, ethical, and compassionate geriatric care in a way that respects the dignity of every Member. These Terms are here to ensure that our relationship with you is clear, fair, and based on mutual respect. If you do not agree to these Terms, please do not use our services.

2. Definitions

For the purposes of these Terms of Service, the following words and phrases shall have the meanings assigned to them below:

Company Refers to Shaybah Services For Elderly Wellness And Assistance , including its founders, employees, authorised representatives, and service partners.
Member(s) (or Client(s)) Any individual, or family/relative/friend of an individual who books, purchases, or participates in our services, whether for themselves or on behalf of another individual, who may or may not be categorised as a senior citizen, or more than 60 years of age.
Services All offerings listed on our website, brochures, or other official materials, including but not limited to online consultations, home visits, counselling, wellbeing advising, family consultations, and access to our online platforms.
No-Touch Service A service explicitly requested by the Member in which no physical contact assessment or examination is conducted. This may limit the completeness of medical assessment, and the Member accepts the associated limitations.
Right to Refuse Service The Company s right to decline or discontinue services to any Member under conditions described in the appropriate section of this document.
Appointment Any scheduled service session, whether conducted online, at the Member s home, or through other agreed means.
Platform / SOLACIA The Company s official website, social media pages, WhatsApp groups, and any other online channels operated by the Company.
Confidential Information Any personal, medical, or contact information provided by the Member which is protected as per our Privacy Policy.
Force Majeure Events beyond the Company s reasonable control that may affect service delivery, including but not limited to natural disasters, pandemics, or government restrictions.

3. Scope of Services

3.1 Services We Provide

We provide a range of geriatric healthcare and wellness solutions, including but not limited to:

Online and home consultations
Medical and non-medical counselling
Emotional, spiritual, and physical wellbeing guidance
Family consultations to address common challenges faced by the elderly and their families
Access to our exclusive ageing support platform and educational content

All online consultations are conducted in accordance with applicable Indian laws and guidelines, including the Telemedicine Practice Guidelines (India, 2020), wherever relevant.

3.2 Services We Do Not Provide

We do not provide:

Emergency or urgent medical treatment
Surgeries or invasive diagnostics
Prescription of controlled or high-risk drugs without in-person verification
Diagnosis where in-person examination is legally required

If such services are necessary, we will recommend or refer you to qualified healthcare providers.

3.3 Legal and Ethical Compliance

We operate in compliance with all applicable Indian laws, regulations, and professional ethics, including but not limited to:

Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
Consumer Protection Act, 2019
Information Technology Act, 2000 for online data protection and privacy
Clinical Establishments (Registration and Regulation) Act, 2010, where applicable

We also follow recognised ethical standards of geriatric care to ensure dignity, safety, and confidentiality for all Members.

3.4 Right to Modify Services and Pricing

We reserve the right to modify, update, discontinue, or alter any aspect of our services, packages, features, or pricing at any time without prior notice. Such changes shall be effective immediately upon being posted on our official website or communicated through official channels. Members are responsible for reviewing the latest information prior to availing any service. Continued use of the services after such changes constitutes acceptance of the modified terms.

3.5 Referrals

When your needs are beyond our scope, we will refer you to:

Registered medical practitioners
Accredited diagnostic facilities
Other licensed professionals, as appropriate

4. Booking and Appointments

4.1 Appointment Methods

Appointments can be booked:

Through our official website

By contacting our authorised booking number

Via approved third-party platforms linked on our official channels

All bookings are confirmed only after full payment is received, as specified during the booking process, and acknowledged by our team. Bookings are considered confirmed contracts under the Indian Contract Act, 1872, once payment is processed and confirmation is issued.

4.2 Appointment Conditions

Appointment slots are allocated strictly on a first-come, first-served basis.

If slots are available, Members are free to choose which slot they wish to book.

Members may group a maximum of two appointments together, subject to slot availability and operational feasibility.

We reserve the right to reschedule or cancel appointments at our sole discretion. Such changes will be communicated promptly via the agreed communication channels. These scenarios, if applicable, are subject to our Cancellation and Refund Policy.

We are not liable for any indirect loss, inconvenience, or consequential damages arising from appointment changes or cancellations, as recognised under the Consumer Protection Act, 2019.

4.3 Right to Refuse Service

Due to the sensitive nature of our services, we reserve the right to refuse service to any individual at any time before, during, or after delivery of services, if, in our professional judgment, continuing care would:

Violate applicable laws or medical ethics

Pose a risk to the health, safety, or dignity of our company, our staff, or other Members

Involve fraudulent, abusive, or harassing behaviour

Require services beyond our permitted scope of practice

In such cases:

If payment has been received but services have not commenced, the applicable amount will be refunded in accordance with our Refund Policy.

If services have commenced, refunds will be made proportionately, after deducting charges for work already performed, in accordance with our Refund Policy.

If the Right to Refuse Service has been invoked due to abusive, harassing, fraudulent or misleading behaviour, it may lead to Termination of Services immediately. In such conditions, members cannot claim any refunds, as per our Refund Policy.

Member records and personal data will still remain strictly confidential and will not be disclosed, except when required by a competent court or statutory authority, in accordance with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011, and other applicable data protection laws.

4.4 No-Touch Service Requests

Members may request No-Touch services during booking, meaning no physical contact will be made during care.

In such cases, certain medical examinations or assessments may be limited or unavailable.

The Member acknowledges that reduced physical assessment may impact the completeness of medical evaluation and agrees not to hold us responsible for any undetected conditions resulting from such limitations.

This clause is aligned with informed consent requirements under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, and the Consumer Protection Act, 2019.

4.5 Appointment Timeliness & Changes

Members must be ready at the scheduled time for their appointment.

Delays of more than 15 minutes without prior notice may result in appointment cancellation, subject to our Cancellation and Refund Policy.

We reserve the right to reschedule appointments in the event of emergencies, unforeseen circumstances, force majeure situations, or events beyond our control, including but not limited to natural disasters, government restrictions, or public health emergencies.

4.6 Technology and System Limitations

For online consultations, Members are responsible for ensuring they have a reliable internet connection, functional devices, and access to the required software or platform.

We are not liable for disruptions, delays, or cancellations caused by internet outages, software malfunctions, hardware failures, or third-party platform downtime.

In the event of technical disruption from our side, we will make reasonable efforts to reschedule the appointment at no extra cost.

This clause is in line with the Information Technology Act, 2000, and recognised international telehealth best practices to ensure both parties understand the limitations of remote care delivery.

5. Payments, Refunds and Cancellation Policy

5.1 Payment Terms

All payments must be made through our approved payment channels listed on our website and booking platforms.
We accept UPI, bank transfers, debit/credit cards, and other RBI-compliant payment methods.
Payments must be completed before confirmation of services unless otherwise agreed in writing.
Payments must be done in advance of the beginning of the service, or of the calendar month of service.

This policy complies with the Reserve Bank of India (RBI) Payment Regulations and the Prevention of Money Laundering Act, 2002.

5.2 Refund Policy

Refund eligibility is for complete cancellation of services/packages for the month, determined by the stage of service delivery:

Before Service Commencement: 100% refund of the paid amount, minus any applicable transaction charges.
After Service Commencement: Proportional refund based on the portion of service completed.

Portion of service completed comprises total services offered till the date when refund is claimed for.
In the case of an ongoing appointment, portion of services completed will include the ongoing appointment if the time for refund claim was on or after, 1 hour before the commencement of the appointment.
Any time before 1 hour of commencement of the ongoing scheduled appointment, will not be considered as portion of services completed.
In case if we invoke our Right to Refuse Service, the ongoing appointment will not be considered under portion of services completed, and will fall under refundable portion of services, irrespective of the time of invoking the right, during the ongoing appointment.
Refund will be initiated for the remaining portion of services, which are not included under portion of the services completed.

No Refund Situations:

For services falling under portion of services completed.
Member fails to attend or participate in the booked appointment without prior notice (No-Show).
Member breaches these Terms of Service or engages in fraudulent/misleading/abusive behaviour.

Refunds will be processed to the original payment method within 14 working days from the date of establishment of refund eligibility in compliance with the Consumer Protection Act, 2019 and RBI refund guidelines.

5.3 Cancellation by Member for Appointment

Members may cancel or reschedule appointment via our official booking system or customer support at least 12 hours in advance, without any cancellation fee.
Cancellations or rescheduling with less than 12 hours will be considered as a completed appointment, thereby amounting to portion of service completed
Any exception to this rule is at our sole discretion, based on genuine emergencies or unavoidable circumstances.

5.4 Cancellation by Us

We reserve the right to cancel or reschedule appointments due to:

Staff unavailability
Medical emergencies
Force majeure events (natural disasters, pandemics, strikes, etc.)

In such cases:

Full refunds will be issued if the Member does not wish to reschedule.
Rescheduling will be done at no additional cost to the Member.

This is in accordance with the Indian Contract Act, 1872, which allows termination or modification of service agreements under circumstances beyond reasonable control.

5.5 Disputes Regarding Payments

All payment-related disputes will be addressed in line with the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology Act, 2000, and other applicable laws.

The Member must provide proof of payment, booking confirmation, and relevant communication when raising a dispute.
We will attempt resolution internally before escalation to any consumer forum or legal authority.

6. Member Responsibilities

6.1 Accurate Information

Members must provide truthful, complete, and up-to-date personal, medical, and contact information at the time of booking and during the service.

Any false, misleading, or withheld information that affects the quality or safety of care may result in refusal or termination of services, and will limit our liability.
This requirement is in line with Section 17 of the Consumer Protection Act, 2019 and informed consent principles under the Indian Medical Council Regulations, 2002.

6.2 Medical History Disclosure

Members are required to disclose all known and relevant medical conditions, ongoing treatments, allergies, and past medical events.

Failure to disclose such information may affect diagnosis, treatment, or service quality.
We will not be held responsible for complications arising from non-disclosure.

6.3 Consent & Cooperation

Members (or their legal guardians) must give informed consent for all services, as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Members must cooperate with staff instructions for safe and effective service delivery.
Aggressive, abusive, or disruptive behaviour towards staff will not be tolerated and may lead to termination of services without refund, under Section 506 of the Indian Penal Code (criminal intimidation).

6.4 No-Touch Requests

If a Member opts for No-Touch services, they acknowledge that certain examinations cannot be conducted.
This may limit the scope of assessment, and the Member agrees not to hold us liable for any undetected conditions.
Such preferences must be indicated during booking to ensure proper planning.

6.5 Compliance with Laws & Policies

Members must comply with:

All applicable Indian laws and health regulations during the service
Our internal policies on safety, privacy, and conduct

Any violation may result in refusal or termination of services without liability, in accordance with the Indian Contract Act, 1872.

7. Service Limitations and Disclaimers

7.1 Non-emergency Nature of Services

Our services do not replace emergency medical care. In case of any medical emergency, Members must immediately contact local emergency services (such as 108 or 102 in India) or visit the nearest hospital. Teleconsultations and home visits provided by us are strictly for non-emergency conditions, in line with the Telemedicine Practice Guidelines, 2020 issued by the Board of Governors in supersession of the Medical Council of India under the Indian Medical Council Act, 1956.

7.2 Limits of Teleconsultation

Teleconsultation relies on the accuracy and completeness of information shared by the Member, as well as the inherent limitations of remote assessment. If a physical examination is clinically required, the practitioner will advise an in-person visit. Prescriptions and investigations will strictly follow the Telemedicine Practice Guidelines, 2020, including the prohibition of prescribing:

Drugs listed in Schedule X of the Drugs and Cosmetics Rules, 1945

Narcotic or psychotropic substances listed under the Narcotic Drugs and Psychotropic Substances Act, 1985 via telemedicine

7.3 No-Touch Requests

If a Member opts for a No-Touch service (no physical contact whatsoever), certain medical examinations cannot be performed. The Member accepts that diagnostic accuracy may be limited under such conditions and agrees that any missed findings cannot be attributed to the absence of physical examination. This provision is consistent with the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and the principle of informed consent under Indian medical jurisprudence.

7.4 Not a Substitute for Continuous Primary Care

Our services do not replace the role of the Member s primary physician or hospital. Members are encouraged to maintain their ongoing care with a Registered Medical Practitioner (RMP) under the Indian Medical Council Act, 1956. Referrals will be issued where clinically necessary, in compliance with the National Medical Commission s professional conduct guidelines.

7.5 No Guarantee of Outcomes

Clinical outcomes depend on multiple variables, including the Member s health history, adherence to treatment plans, and progression of disease. While we commit to providing care consistent with the standards of reasonable care under Indian tort law and the Consumer Protection Act, 2019, no guarantees or warranties regarding specific results are made. This includes, but is not limited to, progression of disease, onset of new disease, coma, or even death.

7.6 Third-Party Services and Referrals

When referring Members to external laboratories, pharmacies, or other service providers, those entities operate independently and are responsible for their own compliance under applicable laws such as the Drugs and Cosmetics Act, 1940 and the Clinical Establishments (Registration and Regulation) Act, 2010. We are not liable for their acts, omissions, or service quality.

7.7 Prescriptions and Restricted Medicines

Any prescription issued by our practitioners will comply with the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, and the Telemedicine Practice Guidelines, 2020. Medicines falling under Schedule X or the NDPS Act, 1985 will not be prescribed via teleconsultation.

7.8 Educational Content Disclaimer

All informational content provided on our website, social media platforms, or knowledge hub, SOLACIA is intended for general awareness and education. It does not constitute personal medical advice unless given as part of a formal consultation. Content publication and data handling will comply with the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

7.9 Changes to Services, Packages, and Pricing

We reserve the right to modify, discontinue, or update our services, packages, pricing, and operational processes at any time without prior notice, in compliance with the Indian Contract Act, 1872. Changes will be reflected on our official channels and will not affect services already booked and paid for unless otherwise stated in these Terms.

7.10 Force Majeure

In the event of circumstances beyond our reasonable control, including natural disasters, pandemics, internet or power outages, or governmental restrictions, services may be delayed, rescheduled, or cancelled. Such situations will be managed in accordance with the Indian Contract Act, 1872 and our Refund Policy.

8. Privacy Policy

8.1 Scope and applicability

This Privacy section explains how we collect, use, share, store, and protect personal data and sensitive personal data in connection with our services and platforms. We operate in compliance with applicable Indian law, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023, and The Confidentiality Regulations of the MCI Code of Medical Ethics Regulations, 2002, to the extent notified and applicable.

8.2 Categories of data we collect

We may collect some or all of the following, as necessary for service delivery and legal compliance:

a. Identity and contact: name, age, gender, phone, email ID, residential address, religion, caste

b. Health information: medical history, surgical history, past history, family history, current complaints, medications, allergies, reports, recordings from consults, details of medical assessment and examination

c. Photo, Audio and Video: We may click photos and/or record audio and/or video recordings of appointments, for purposes as stated later.

d. Appointment and transaction data: booking details, dates, times, payments, invoices

e. Technical data: device, logs, cookies and similar technologies on our website

Health information is treated as sensitive personal data under the SPDI Rules, 2011.

8.3 Legal bases and consent

We process personal data for purposes that include providing and improving services, scheduling and managing appointments, record keeping, billing, customer support, and legal compliance. Where required, we rely on consent and contract performance, and on certain legitimate uses permitted under the DPDP Act, including processing for medical emergencies or to comply with law. Members may withdraw consent at any time, subject to legal and contractual limits.

8.4 Collection and use in teleconsultation

For teleconsultations we will identify the Member and obtain or confirm consent consistent with the Telemedicine Practice Guidelines, 2020. Records of teleconsults may be created and maintained as part of the Member s file.

8.5 How we use personal data

We use data to deliver requested services, provide guidance and follow-ups, issue invoices and receipts, coordinate referrals, improve quality, comply with regulatory requirements, and communicate important updates related to appointments and safety. Processing is limited to stated purposes and what is reasonably necessary for those purposes under Indian law.

Audio and/or Video recordings are used to store, evaluate and learn about our members history, needs and provide adequate services. Video Recordings and Photographs, with prior consent, may also be used in our social media keeping the member s identity anonymous, unless requested otherwise.

8.6 Sharing and disclosures

We do not sell personal data in any form or media. We may share data with:

a. Service providers that support our operations strictly under confidentiality and data-protection obligations

b. Registered medical practitioners, laboratories, pharmacies or other providers when you request or where clinically necessary

c. Authorities or courts where required by law or order

Any cross-border transfer will be done in accordance with the SPDI Rules requirement for same level of protection and the DPDP Act rule that allows overseas transfers except to countries restricted by the Central Government, if any are notified.

8.7 Security measures

We implement reasonable security practices and procedures, including access controls, encryption in transit and at rest where feasible, audit logs, and staff confidentiality. We aim to align with ISO 27001 style controls for information security and comply with the IT Act 2000 and SPDI Rules on reasonable security practices. A body corporate that fails to protect data may be liable for compensation under section 43A of the IT Act.

8.8 Data retention

We retain records for as long as required for service delivery, legal compliance, and legitimate business needs, then securely delete or anonymize them. Medical records will be retained for at least the period required by professional ethics regulations and notified rules in India. As a baseline, the Code of Medical Ethics Regulations, 2002 requires maintaining indoor patient records for 3 years and providing copies within 72 hours of request.

8.9 Your rights

Subject to law, Members may request access to their data, seek corrections, and request deletion where appropriate. Members may withdraw consent for processing prospectively. Grievances may be raised through our grievance channel. These rights reflect the SPDI Rules on access, correction and consent withdrawal, and the DPDP Act framework for data principal rights.

8.10 Grievance redressal

We designate a Grievance Officer and publish their name and contact details on our website. The Grievance Officer will address grievances within one month as required by Rule 5(9) of the SPDI Rules, 2011. Where applicable as an e-commerce service interface, we will also acknowledge consumer complaints within 48 hours and aim to resolve them within one month consistent with the Consumer Protection (E-Commerce) Rules, 2020.

8.11 WhatsApp groups, social media and third-party platforms

If you choose to join our community groups or interact on social media, those platforms process your data under their own terms and privacy policies. We recommend that you do not share medical information in public channels. Our responsibility on such platforms is limited to content we control, and your use remains subject to the platform s policies and applicable Indian law.

8.12 Persons lacking capacity

Where a Member is a person who lacks capacity, consent should be provided by a lawful guardian or authorised representative in accordance with Indian law and prevailing medical consent principles. We may require documentation to verify authority to act on behalf of the Member.

8.13 Data breaches and legal disclosures

If we become aware of a data breach affecting your personal data, we will take appropriate remedial steps and, where required by applicable law, notify authorities and affected individuals. We will also cooperate with lawful requests, orders and directions issued by competent authorities or courts under Indian law.

8.14 Updates to this Privacy section

We may revise this section to reflect legal or operational changes. The latest effective version and date will be displayed on our website and in the document version note. Changes will be applied prospectively unless stated otherwise.

9. Emergency protocols

9.1 Nature of Services

Our services are intended for non-emergency medical, counselling, and well-being support only. We are not a substitute for emergency medical care. In case of any medical emergency, Members must:

Immediately contact local emergency services (Dial 108, 102, or 112 in India)
Proceed to the nearest registered hospital or emergency care facility

This is in line with the Telemedicine Practice Guidelines, 2020 issued under the Indian Medical Council Act, 1956 and upheld by the National Medical Commission (NMC).

9.2 Emergencies During Sessions

If a medical emergency arises during an ongoing appointment (online or home visit):

The practitioner will immediately stop the consultation and advise the Member or attendant to contact local emergency services.
In the case of a home visit, the practitioner will, where feasible, assist in calling an ambulance or providing first aid within the limits of their competence and training.
No invasive or high-risk emergency interventions will be performed unless the practitioner is legally qualified, trained, and equipped to do so under the Drugs and Cosmetics Act, 1940, the First Aid norms under Indian law, and relevant state medical guidelines.

9.3 Non-Liability in Emergencies

We will not be held liable for any adverse outcome, including death due to such incidents, if:

The Member or attendant delays in contacting emergency services
The Member fails to follow instructions to seek immediate hospital care
Emergency care is unavailable or delayed due to factors beyond our control (traffic, disaster situations, network failure, etc.)

This is consistent with the Indian Contract Act, 1872 (sections relating to force majeure and impossibility of performance).

9.4 Pre-Identified High-Risk Members

Members with chronic or severe medical conditions (e.g., cardiac disease, severe diabetes, cancer, advanced COPD) are advised to:

Maintain an active relationship with a registered primary care physician
Keep their emergency contact numbers and medical records accessible during all consultations

Failure to do so may limit our ability to assist effectively during emergencies. This is consistent with patient safety principles under the Consumer Protection Act, 2019 and NMC s Code of Ethics.

9.5 Telemedicine-Specific Limitations in Emergencies

Teleconsultations have inherent limitations in managing emergencies due to:

Lack of physical examination
Inability to administer life-saving interventions remotely
Possible delays in communication or technology failure

Under the Telemedicine Practice Guidelines, 2020, emergency teleconsultations must be limited to providing first aid advice, counselling, and facilitating referral to emergency care.

9.6 Emergency Referrals

Where an emergency is identified or suspected:

Members will be referred to the nearest appropriate facility (public or private)
We may provide a referral note summarising the known medical history, current complaint, and urgent recommendations
The responsibility for arranging transport and financing emergency care lies solely with the Member or their family/attendants.

9.7 Force Majeure Emergencies

In emergencies caused by force majeure events (natural disasters, pandemics, mass casualty events, governmental restrictions), services may be disrupted.
We will make reasonable efforts to communicate such disruptions promptly via official channels, but delays may occur due to circumstances beyond our control. This is covered under the Indian Contract Act, 1872.

9.8 Emergency Data Handling

In a verified medical emergency, we may share relevant health information with:

Emergency service providers
Attending physicians or hospitals
Government health authorities, where legally required

Such disclosures will comply with the Information Technology Act, 2000, the SPDI Rules, 2011, and applicable privacy laws, ensuring minimum necessary disclosure.

9.9 Member Preparedness Checklist (Mandatory for All Members)

To ensure timely and effective emergency management, all Members are advised to have the following readily available during any appointment (online or home visit):

Emergency Contact Numbers At least two reachable contacts (family or friends).
List of Current Medications Including dosages and timings.
Known Allergies Especially to medications or food.
Medical History Summary Major past illnesses, surgeries, and ongoing conditions.
Nearest Hospital Details Name, address, and contact number.
Medical Records Physical copies or accessible digital versions.
Identification Proof Aadhaar, PAN, or any government-issued ID for hospital processing.
Accessible Funds Cash, card, or UPI for emergency expenses.

Failure to keep these ready may delay emergency intervention, and we will not be liable for consequences arising from such delays, in accordance with the Consumer Protection Act, 2019 and principles of contributory negligence under Indian tort law.

10. Termination of Services:

10.1 Termination by Us

We reserve the right to terminate or suspend services to any Member, with or without prior notice, under the following circumstances:

Breach of Terms Violation of any provision in these Terms of Service, including but not limited to misrepresentation of information, non-payment, or abusive behaviour.
Threat to Safety or Dignity Any conduct by the Member or their associates that endangers the safety, dignity, or well-being of our staff, other Members, or the company.
Non-Compliance with Laws Actions that compel or attempt to compel us to breach applicable laws, medical ethics, or regulatory guidelines.
Fraudulent or Illegal Activities Any attempt to misuse our services for unlawful purposes, in violation of the Indian Penal Code, Consumer Protection Act, 2019, or Information Technology Act, 2000.
Service Scope Limitations Continued requests for services outside our legal scope of practice as defined by the Telemedicine Practice Guidelines, 2020 and other relevant healthcare regulations.

Where possible, a termination notice will be communicated via official channels (email, phone, or written notice), except in urgent cases where immediate termination is warranted for safety, legal compliance, or ethical reasons.

10.2 Termination by Member

Members may terminate their services at any time by providing written notice through our official communication channels. Refunds, if applicable, will be processed in accordance with our Cancellation and Refund Policy and only for the portion of services not yet rendered.

10.3 Immediate Termination Without Refund

No refund will be provided if termination occurs due to:

Abusive, threatening, or harassing conduct towards staff
Fraudulent use of services or identity
Wilful breach of laws or our Terms of Service
Use of our platform or practitioners for unauthorised medical activities
This is consistent with principles of contractual breach under the Indian Contract Act, 1872 and misconduct clauses under the Consumer Protection Act, 2019.

10.4 Right to Modify or Withdraw Services

We reserve the right to:

Alter, add, or remove services and packages
Adjust pricing
Change service delivery modes or locations
Such modifications may be made without prior intimation, as permitted under the Indian Contract Act, 1872, provided they do not affect services already booked and confirmed. Any such changes will be updated on our official website and booking platforms.

10.5 Effects of Termination

Upon termination of services:

All ongoing appointments will be cancelled, unless otherwise agreed in writing.
Any outstanding dues must be cleared immediately.
Medical records and personal data will be retained or deleted as per our Privacy Policy, in compliance with the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011 and other applicable privacy laws.
Any clauses intended to survive termination (such as confidentiality, liability limitations, and dispute resolution) will remain binding.

10.6 Force Majeure Termination

If services must be terminated due to events beyond our reasonable control (including natural disasters, government orders, pandemics, civil unrest, or technology failures), no liability will arise for delays, cancellations, or inability to perform. This is recognised under Section 56 of the Indian Contract Act, 1872 (doctrine of frustration).

10.7 Dispute Resolution after Termination

Any disputes arising from or after termination will be addressed first through internal resolution channels. If unresolved, the matter will be escalated as per the Governing Law and Jurisdiction clause of this agreement.

11. Governing Laws and Jurisdiction

11.1 Applicable Law

These Terms of Service, and any disputes, claims, or controversies arising from or related to the services provided by us, shall be governed and construed in accordance with the laws of India, without regard to conflict of law principles.

This includes compliance with, but is not limited to, the Indian Contract Act, 1872, Consumer Protection Act, 2019, Information Technology Act, 2000, Telemedicine Practice Guidelines, 2020, and other applicable healthcare and data protection regulations.

11.2 Exclusive Jurisdiction

Subject to Clause 11.3 (Arbitration), the courts and tribunals located in Thane, Maharashtra, India shall have exclusive jurisdiction over any disputes, claims, or legal proceedings arising out of or in connection with these Terms of Service or the services we provide.

11.3 Dispute Resolution Arbitration Clause

Initial Resolution Any dispute shall first be attempted to be resolved amicably through written notice and negotiation within 30 days of such notice.
Arbitration If the dispute is not resolved within 30 days, it shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any statutory amendments.
Arbitration Panel The arbitration shall be conducted by a sole arbitrator, mutually appointed by both parties. If the parties cannot agree on the appointment within 15 days, the arbitrator shall be appointed in accordance with the said Act.
Seat and Venue The seat and venue of arbitration shall be Thane, Maharashtra, India
Language The arbitration shall be conducted in English.
Binding Effect The decision of the arbitrator shall be final and binding on both parties.

11.4 International Use Disclaimer

If you access or use our services from outside India, you are responsible for ensuring compliance with the local laws of your jurisdiction. We make no representation that our services are appropriate or available for use in locations outside India, and any such access is at your own risk.

11.5 Waiver of Class Actions

To the extent permitted under applicable law, both parties agree that any claims will be brought on an individual basis only and not as part of any class, collective, or representative action.

12. Changes to Terms of Service

12.1 Right to Amend Terms

We reserve the right to amend, update, or replace these Terms of Service at any time, without prior notice, where such changes are:

Required to comply with any changes in applicable laws, regulations, or governmental directives (including, but not limited to, the Consumer Protection Act, 2019, the Indian Contract Act, 1872, the Information Technology Act, 2000, and healthcare-specific guidelines such as the Telemedicine Practice Guidelines, 2020), or
Necessary to improve clarity, efficiency, or service quality.
In case of changes to terms in different versions, the latest version shall be legally binding. But in case of disputes, the version applicable during the time of the said dispute shall bind to the said dispute only.

12.2 Version Applicability in Disputes

In the event of updates to these Terms of Service, the most recent version published shall govern all future interactions and services. However, for any dispute, claim, or cause of action arising from a period in which a previous version was in effect, the version applicable at that specific time shall apply exclusively to that dispute. The determination of which version was in effect at a given time shall be based solely on our official version control records, and such determination shall be final and binding.

12.3 Effective Date of Changes

All modifications to these Terms of Service shall be effective immediately upon posting on our official website or communication through other official channels, unless otherwise specified. Continued use of our services after such changes constitutes acceptance of the revised Terms.

12.4 Right to Modify Services, Packages, and Pricing

We reserve the absolute right, at our sole discretion, to:

Add, modify, suspend, or discontinue any service, package, or feature we offer
Adjust the pricing of services or packages
Introduce promotional rates or discounts, and withdraw them at any time

These changes may be implemented without prior intimation to any Member, except where prohibited by applicable law.

12.5 Member s Responsibility to Stay Informed

It is the Member s responsibility to periodically review our Terms of Service, pricing, and service offerings on our official communication channels. We shall not be held liable for any claims arising from a Member s failure to stay updated on changes.

13. Contact Information

13.1 Primary Contact Channels

Members may contact us for service-related inquiries, feedback, complaints, or legal notices via:

Email: support@shaybah.in
Website: https://shaybah.in
Phone/WhatsApp: +91 99671 66377

13.2 Office Hours

Our official response hours are:

Monday to Friday: 9:00 AM to 8:00 PM (IST)
Saturday: 9:00 AM to 1:00 PM (IST)
Sunday and Public Holidays: Closed
Responses outside these hours are not guaranteed, except for urgent matters as determined at our discretion.

13.3 Legal Notices

All legal notices, including those under the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, or any other applicable law, must be sent to our designated legal email address and titled Legal Notice .

13.4 Grievance Redressal Officer

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and other applicable laws, we have appointed the following as our Grievance Redressal Officer:

Name: Dr. Saroshahmed Lambate
Email: support@shaybah.in
Phone: +91 99671 66377
The Grievance Officer shall acknowledge complaints within 24 hours and resolve them within 15 days, unless a different timeline is prescribed by law.

Our Socials