Terms and Conditions

1. Introduction

Welcome to Carely, a service provided by Caretopia Network Private Limited ("Company", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your entire legal relationship with Carely. By subscribing to or utilizing our services, you enter into a Direct Service Contract with Caretopia Network Private Limited for the procurement and oversight of therapeutic services via a Subscription Plan.

2. Definitions

• "Client" or "You" refers to the individual or legal guardian contracting with Carely.
• "Professional" refers to the therapists, caregivers, or specialists who are independent vendors or partners contracted by Carely to deliver the Services to the Client.
• "Subscription Plan" or "Care Plan" refers to the recurring service package purchased by the Client.
• "Territory of Service" refers to the country where the Client is physically located during the provision of the Service.

3. Scope of Services and Carely's Responsibility

A. Carely's Role

Carely is the sole contractual party responsible for the arrangement, administration, and oversight of the Services outlined in your Subscription Plan. Carely subcontracts the professional duties to its vetted vendor network.

B. Service Delivery and Assurance

• Professional Status: The Services are delivered by Professional vendors who operate as independent contractors.
• Clinical Responsibility: Carely is responsible for ensuring the Services are procured and delivered with reasonable care and skill. However, the specific clinical acts and judgments are performed by the Professional vendor under their own professional standards and licensure.
• Disclaimer of Guarantee: Carely does not guarantee specific clinical outcomes.

4. Eligibility, Obligations, and Conduct

A. Exclusive Engagement (Non-Circumvention)

Prohibition: You are expressly prohibited from directly soliciting, contracting, or engaging any Professional (current or former vendor/partner) of Carely for similar services outside of this Agreement.

Breach: Any violation of this non-circumvention clause constitutes a material breach of these Terms, subjecting your Subscription Plan to immediate termination without refund and legal action for damages sustained by Carely.

B. Conduct and Environment

You must provide a safe environment (for in-home services) and refrain from abusive or harassing behavior toward any Professional.

5. Teletherapy and International Services

A. Local Compliance

You acknowledge that by receiving services in an international Territory of Service, you are consenting to receive care from professionals procured by a company based in India. You are responsible for any local fees or taxes imposed by your government.

B. No Recording

Recording (audio or video) or taking screenshots of the sessions is strictly prohibited.

6. Scheduling, Cancellations, and Missed Sessions

• Cancellation by Client: At least 24 hours' notice must be provided.
• Missed Sessions: Failure to provide 24 hours' notice will result in the session being charged in full against the Subscription Plan allocation.

7. Payment Terms and Subscription

• Subscription Plans: Services are purchased via fixed-term Subscription Plans.
• Taxes: All fees are inclusive of applicable Goods and Services Tax (GST) or any other local taxes.
• Non-Renewal: Your Subscription Plan does NOT automatically renew. The Services will cease upon the expiration of your current Subscription term unless you actively renew your plan before the expiration date.

8. Refund Policy

Please refer to our separate Cancellation and Refund Policy page for detailed information regarding refunds, setup fees, and processing times.

9. Limitation of Liability

Carely's total liability to the Client for any claim arising out of this Agreement, including claims related to professional negligence, is capped as follows:

• Cap on Liability: Carely’s total aggregate liability shall not exceed the total amount paid by the Client for the specific Subscription Plan under which the claim arose.
• Exclusion of Damages: Carely shall not be liable for any indirect, incidental, consequential, or punitive damages.

10. Indemnification

You agree to indemnify and hold harmless Caretopia Network Private Limited from any claims, liabilities, or expenses (including legal fees) arising out of:

• Any breach of the Non-Circumvention clause in Section 4;
• Your provision of false or misleading medical information; or
• Any injury or damage caused to a Professional due to an unsafe environment maintained by you (for in-home services).

11. Termination

• Termination: This agreement may be terminated by either party with 7 days' written notice to contact@thecarely.com, or immediately by Carely for material breach.
• Settlement: All outstanding fees must be settled within 15 days of the termination date.

12. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by the laws of India.
• Jurisdiction: Exclusive jurisdiction shall lie with the courts in Bengaluru, Karnataka, India.

13. Contact and Grievance