Terms & Conditions
Important: Please ensure that you read and understand all these Terms of Use before you use the Service. If you do not accept any of the Terms of Use, then please do not use the Website or avail any of the services being provided therein. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.
The Terms of Use stated herein (collectively, the "Terms of Use" or this "Agreement") constitute a legal agreement between you and 24 Hour Healthtech Pvt. Ltd.. In order to use the Service (each as defined below) you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Near Ambulance (the "Application"), and downloading, installing or using any associated software supplied by Near Ambulance ("the Software") whose overall purpose is to enable persons seeking Ambulance Transportation Services to be matched with an independent provider of Ambulance Transportation Services (“Transportation Provider(s)”) (collectively, the "Service"), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at nearambulance.com or through the Application.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and Terms of Use.
Near Ambulance is a technology Near Ambulance that does not provide any Ambulance Transportation Services and is not an ambulance provider. Near Ambulance is merely an aggregator. It is up to the Transportation Provider to offer ambulance services to you and it is up to you to accept such transportation services. The service of Near Ambulance is to link you with such Transportation Providers through the licensed use of its mobile application and/or through its online portal at nearambulance.com but does not nor is it intended to provide ambulance transportation services or any act that can be construed in any way as an act of an ambulance provider. Near Ambulance is neither responsible nor liable for the acts and/or omissions of any transportation provider and/or any transportation services provided to you.
1. DEFINITIONS
All capitalized terms in this Agreement, unless there is something in the subject matter or context inconsistent therewith, shall have the meaning ascribed to them below:
“Account” shall mean the account created by the Customer on the Website/Application for availing of the Services provided by Near Ambulance.
1.1. “Advanced Life Support Ambulance (ALS)” shall mean an Ambulance that is capable of providing treatment of life-threatening medical emergencies through the use of techniques such as endo-tracheal intubations, administration of drugs or intravenous fluids, cardiac monitoring, and electrical therapy by a qualified person;
1.2. “Ambulance” shall mean a vehicle, duly registered by the Transport Department, that is used for transporting injured to the nearby health facility in case of emergency, such as accident/disaster, etc.; as also for transporting patients in non-emergency situations such as
scheduled visits to a doctor for treatment, routine physical examinations, X-ray or laboratory tests, transporting patients upon discharge, etc. ;
1.3. “Ambulance Service Zone” shall mean the geographic area where we are providing the service.
1.4. “Ambulance Transportation Services” shall mean transporting injured to the nearby health facility and would include transport, such as scheduled visits to a doctor for treatment, routine physical examinations, X-ray or laboratory tests, transporting a woman for delivery to a hospital or after delivery and discharge to her home, transporting patients upon discharge from a hospital/nursing home, to another hospital/nursing home or to residence, etc.;
1.5. “Applicable Law(s)” shall mean the relevant laws, rules, regulations, notifications, ordinances, bye-laws, guidelines, directions, policies, directives memorandums, etc. that are issued by the concerned department, tribunal, other governmental bodies, the court(s), state/central government(s) with regards to the operation, running, maintenance of Ambulances;
1.6. “Application” shall mean the mobile application “Near Ambulance” updated by Near Ambulance from time to time.
1.7. “Basic Life Support Ambulance (BLS)” means an Ambulance which is capable of providing basic life support to the Users;
1.8. “Customer or customer, You or you, Your or your”
means a person who has an Account on the Website/Application;
1.9. “Driver” shall mean and include such individuals as may be evaluated, appointed, and trained by Transporter Provider associated with us to provide the Ambulance Transportation Services on its behalf and who have necessary permits and licenses to provide Ambulance Transportation Services transportation services within the Ambulance Service Zone;
1.10. “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments;
1.11. “Force Majeure Event” includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against;
1.12. “Near Ambulance” or “us” or “we” or “our” shall mean 24 Hour Healthtech Pvt. Ltd. having its registered office at A-52-A, Anand Vihar, Gopalpura Bypass, Jaipur (Raj.) 302018. which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns;
1.13. “Need” shall mean the travel in the Ambulance by the Customer facilitated through the Website/Application or book using a call;
1.14. “Patient Transport Vehicle” shall mean a vehicle (vans, buses,cars or other vehicles) used by Stable Patient for making non emergency calls such as scheduled visits to a physician's office for treatment, routine physical examinations, x-rays or laboratory tests, or is used for transporting patients upon discharge from a hospital or nursing home to a hospital or nursing home or residence, or attending to other non emergency calls.
1.15. “Software” shall mean the mobile application, or the website, created and developed by (Near Ambulance & 24 Hour Healthtech Pvt. Ltd.) to provide a platform to connect Users to independent Ambulance Transportation Service providers;
1.16. “Stable Patient” is one whose condition can be expected to remain the same throughout the transport and for whom none of the criteria for emergency transport has been met.
1.17. “Website” shall mean nearambulance.com operated by Near Ambulance or any other software that enables the use of the Application or such other URL as may be specifically provided by Near Ambulance;
2. ELIGIBILITY
You will be “Eligible” to use the Services only when you fulfill all of the following conditions:
(a) You have attained at least 18 (eighteen) years of age.
(b) You are competent to enter into a contract under the Applicable Laws.
As a minor if you wish to use the Service such services shall be availed by your legal guardian or parents who have registered as a user on Website/Application. Near Ambulance reserves the right to terminate your registration and refuse to provide you with access to the Website/Application if it is brought to Near Ambulance’s notice or if it is discovered that you are under the age of 18 years.
If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this Terms of Use due to age, you must abide by such age limits.
3. YOUR ACCOUNT & REGISTRATION OBLIGATIONS
You understand and acknowledge that you can register on the Website/Application only after complying with the requirements of this Clause 3 and by entering all the requisite information require to register.
You shall ensure that all the information that you provide during registration is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect information provided by you.
You are solely responsible for maintaining the confidentiality of your information and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
You shall maintain and promptly update your information to keep it true, accurate, current and complete Near Ambulance has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.
You shall only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. Near Ambulance is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application and/or the Software to your device. The Near Ambulance reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
We allow you to open only one Account in association with the information provided by you. In case of any unauthorized use of your Account please immediately reach Us at info@nearambulance.com
In case, you are unable to access your Account, please inform Us at info@nearambulance.com and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 48 hours after you have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4. SERVICES
4.1. The Website/Application permits you to avail these types of Needs:
a) Basic Ambulance
b) ICU- Ventilator Ambulance
c) Oxygen Ambulance
d) Mortuary Ambulance
The Service allows you to send a request through Near Ambulance to book the above-mentioned Needs on the Near Ambulance network. Near Ambulance can provides you the list of nearby hospital, physician, laboratory, mortuary, pharmacists you wanted to visit. However, we do not recommend, refer, endorse, or approve any such hospital, physician, laboratory, mortuary, pharmacists.
4.2. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Near Ambulance, notifies you and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as may be determined.
4.3. Near Ambulance shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of Driver in or around your location at the moment of your request for such services.
5. CONFIRMATION OF BOOKING
Near Ambulance shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of the Ambulance at the pickup time, which shall be informed to you vide a Notification on App, SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling us at +91-9116666300
You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS,Notification or email or failure to inform Near Ambulance of the incorrect details immediately.
6. PAYMENT
6.1. You shall choose to pay for the Service Fee by either of the following given methods:
Cash payment: Cash payment towards the Need Fee after the completion of Need can be made to the Driver.
E-Wallet: Near Ambulance offers you the facility of making an online payment through an E- Wallet powered by a third party payment processor (“Payment Processor”), Net banking, Mobile banking, UPI, Debit/Credit Cards, using QR Code, Paytm, Phonepe, and other method. The processing of payments, in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Near Ambulance engages for the purpose. Near Ambulance will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by you in cash, to the authority or person concerned or if already paid by the Driver, to the Driver.
6.2. Once you have completed a journey using the Service, you are required to make payment in full to the Transportation Provider in cash or your payment will be deducted automatically from E-Wallet and is non- refundable. If you have any complaints in relation to the Transportation Provider, then that dispute must be taken up with the Transportation Provider directly.
6.3. All applicable taxes in respect of the Fare shall be borne and payable by you to the Near Ambulance.
6.4. Near Ambulance shall provide a receipt of the Need fee payable by you at the end of the Need. You may raise a request for a copy of the invoices from your Account.
6.5. Any payment-related issue, except when such issue is due to an error or fault in the Website/Application, shall be resolved between You and the Payment Processor. Near Ambulance shall not be responsible for any unauthorized use of Your E-Wallet during or after availing of the Services on the Site.
6.6 There is no Refund policy and Cancelation amount policy after using our services because we does not accept any advance amount against our services.
6.7 Our Pricing are depends on distance,time of booking ,type of vehicle,use of our services and many more paremeters.not any fix amount for all time.
7. REPRESENTATION & WARRANTIES
By using the Software or the Application, you agree that:
You will only use the Service for lawful purposes;
You will only use the Service for the purpose for which it is intended to be used;
You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
You shall not contact the Transportation Provider for purposes other than the Service;
You will not impair the proper operation of the network;
You shall not intentionally or unintentionally cause or attempt to cause damage to the Transportation Provider;
You will not try to harm the Service, Application, and/or the Software in any way whatsoever;
You will not copy, or distribute the Software or other content without written permission from Near Ambulance;
You will only use the Software and/or the Application for your own use and will not resell it to a third party;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
You will provide us with whatever proof of identity we may reasonably request or require;
You will only use an access point or data account (AP) which you are authorized to use;
You shall not employ any means to defraud the Near Ambulance or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Near Ambulance to encourage new subscriptions or usage of the Service by new or existing users;
You agree that the Service is provided on a reasonable effort basis; and
You agree that your use of the Service will be subject to the Near Ambulance's Privacy Policy as may be amended from time to time.
8. LICENSE
Subject to your compliance with these Terms, Near Ambulance grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Near Ambulance and Near Ambulance’s licensors.
9. DISCLAIMERS
The Near Ambulance Website/Application or any information or content or listings published thereon are provided "AS IS" without representations or warranties of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Near Ambulance reserves the right to withdraw or delete any information from the Near Ambulance Application at any time in its sole discretion without any notice to you.
Near Ambulance does not guarantee or make any representations with respect to the correctness, completeness or accuracy of the information or details listed/provided by the Service Providers or any third party (including Unregistered Facility) through the Near Ambulance Application. While Near Ambulance has taken precautions to avoid inaccuracies in the content, this Near Ambulance Application, all content, information, software, Services and related graphics are provided "AS IS", without warranty of any kind.
Near Ambulance does not guarantee uninterrupted or continued access to the Near Ambulance Application. You need to ensure that high-speed internet/data connection and GPS (location) services are enabled on your device from which the Near Ambulance Application is intended to be used or accessed. Your access to the Near Ambulance Application may also be suspended, or restricted due to technological / software glitches or bugs or security breaches or maintenance, or the introduction of new facilities or services or on account of interruptions of any nature whatsoever, at any time without prior notice to you. In such an event, you may, in your sole discretion, independently contact the Service Provider or the Unregistered Facility or the national emergency helpline/police helpline or initiate a request for an ambulance with such Service Provider or Unregistered Facility through telephone or any other modes/channels of communication at any time.
Near Ambulance will strive to meet the highest technical standards and shall not be liable in the event of any loss of your data/information available through the Near Ambulance Application, injury, loss or death to any user for any reason whatsoever, in connection with your use of the Near Ambulance Application (or any of its functionalities including the Pill Reminder).
10. INTELLECTUAL PROPERTY OWNERSHIP
10.1. The Near Ambulance and its licensors, where applicable, shall own all rights, titles, and interests, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
10.2. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Near Ambulance and/or its licensors. The Near Ambulance name, the Near Ambulance logo, the Service, the Software and/or the Application and the Transportation Providers' logos and the product names associated with the Software and/or the Application are trademarks of the Near Ambulance or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.
11. LIABILITY
Any claims against Near Ambulance by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. In no event shall Near Ambulance and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). Near Ambulance and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if Near Ambulance and/or its licensors have been previously advised of the possibility of such damages.
Near Ambulance does not and will not assess nor monitor the suitability, legality, ability, movement, or location of any third-party providers including Transportation Providers, advertisers, and/or sponsors and you expressly waive and release Near Ambulance from any and all liability, claims, or damages arising from or in any way related to the third-party providers including Transportation Providers, advertisers and/or sponsors. Near Ambulance will not be a party to disputes, or negotiations of disputes between you and such third-party providers including Transportation Providers, advertisers, and/or sponsors. We cannot and will not play any role in managing payments between you and the third-party providers, including Transportation Providers, advertisers, and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or application (with all its implications) rests solely with and on you. You expressly waive and release Near Ambulance from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or application, or in any way related to the third parties including Transportation Providers, advertisers, and/or sponsors introduced to you by the service, software and/or the application.
The quality of the service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
12. INDEMNITY
You agree to indemnify and hold Near Ambulance and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: a) your use of Services; (b) Your breach of Terms of Use and (c) Your violation of any third party rights.
13. SEVERABILITY
If any of the provisions, or portions thereof, of these Terms of Use are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, these Terms of Use shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
14. WAIVER
Any waiver of any provision of these Terms of Use, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
15. GOVERNING LAWS & JURISDICTION
These Terms of Use are governed by the laws of India. Any disputes/claims arising out of your use of the Near Ambulance Application shall be submitted to the exclusive jurisdiction of the courts at Jaipur (Rajasthan).
16. PRIVACY POLICY
Please review our Privacy Policy, which also governs your access or use of the Near Ambulance Application.
17. COMMUNICATIONS
You agree and acknowledge that Near Ambulance may communicate with you by e-mail, SMS, push notifications, telephone or by posting notices on the Near Ambulance Website/Application or through any other mode of communication. You agree that all terms/agreements, notices, disclosures, and other communications that Near Ambulance provides to you will electronically satisfy any legal requirement that such communications be in writing.
For contractual purposes, you agree and consent to receive communications from us (as set out in this Section) with respect to the Near Ambulance Website/Application including information regarding your account or updates/changes to the Near Ambulance Application, and/or any functionalities/features available on the Near Ambulance Application or any information which Near Ambulance or Transportation Provider so authorized by Near Ambulance as per the Privacy Policy communicates to you ever so often (including lifestyle, disease or health-related notifications).
18. USE OF GOOGLE MAPS
18.1. You agree and acknowledge that mapping service on the Near Ambulance Application is provided through the Google Maps API by Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. By downloading, installing or using the Near Ambulance Application, you agree to be bound by the Google Terms of Use.
18.2. You agree and acknowledge that it is your sole responsibility to review, determine the applicability and comply with the Google Terms of Service, as may be revised from time to time. Near Ambulance will not be responsible for any liability or loss/damage caused or suffered by you on account of your reliance on the mapping/navigation service made available by Google Maps through the Near Ambulance Application.