Website: www.excellentiam.org
Effective Date: [●]
Last Updated: [●]
Excellentiam Hospitality and Healthcare Private Limited (“Excellentiam Hospitality”) is a private limited company incorporated under the applicable laws of India.
Excellentiam Services, previously known as Excellentiam Financial Services, is a separate proprietary business/proprietorship.
Both are separate legal entities/business establishments and may independently undertake, facilitate or coordinate services.
Depending upon the particular service, the applicable quotation, invoice, Service Agreement, enrolment form or other written document shall identify the relevant Excellentiam entity contracting with the Client.
Nothing on this Website shall be construed as creating a partnership, joint venture, merger or agency relationship between Excellentiam Hospitality and Excellentiam Services.
Excellentiam operates primarily as an aggregator, facilitator and care-coordination organisation.
Depending upon the Client’s requirements, Excellentiam may identify, introduce, coordinate, schedule, facilitate or arrange services through independent third-party service providers (“Service Providers” or “Vendors”).
These may include nurses and nursing professionals; attendants and caregivers; physiotherapists; speech therapists; palliative-care professionals; doctors and other medical professionals; hospitals; diagnostic centres; pharmacies; medical-equipment providers; and other healthcare and elderly-care service providers.
The actual service may therefore be performed by an independent third-party Service Provider.
Excellentiam may provide or facilitate elder-care coordination, patient-care coordination, nursing and attendant arrangements, palliative-care coordination, physiotherapy and allied services, hospital assistance and coordination, medical-equipment coordination/rental, appointment and visit coordination, communication between Client, family and Service Provider, implementation/coordination of doctors’ instructions and prescriptions, service monitoring and administrative support, and other services specifically agreed in writing.
The exact scope of services shall be determined by the applicable quotation, Service Agreement, invoice and/or written confirmation.
Unless expressly stated otherwise in writing, Service Providers are independent third-party service providers.
The introduction, coordination, scheduling, monitoring or facilitation of a Service Provider by Excellentiam does not by itself create an employer-employee, partnership, agency or joint-venture relationship between Excellentiam and that Service Provider.
The relevant Service Provider remains responsible for the professional and operational performance of the service assigned to that Service Provider.
Excellentiam may conduct verification, documentation, reference checks or other due diligence in accordance with its internal procedures. Such verification shall not constitute an unconditional guarantee of the future conduct, competence, availability or performance of a Service Provider.
Excellentiam is not a hospital and is not a substitute for a treating doctor, hospital or emergency medical service.
Unless expressly agreed in writing, Excellentiam does not independently diagnose medical conditions, prescribe medicines, modify prescriptions, determine clinical treatment, perform medical procedures or surgery, make clinical decisions, or provide emergency medical treatment.
Diagnosis, treatment, prescription, surgery, hospital admission, discharge and clinical decisions remain the responsibility of qualified medical professionals and hospitals.
Where Excellentiam provides care coordination, it may assist in communicating, coordinating or facilitating instructions and prescriptions issued by qualified medical professionals.
The Elder, Patient, Client, Next of Kin, Legal Heir or Authorised Representative (“Client Group”) shall provide accurate and complete information reasonably required for safe service coordination.
This may include medical history, existing conditions, allergies, medicines and prescriptions, mobility limitations, behavioural or special-care requirements, emergency contacts, treating doctor details, hospital details and other relevant information.
Excellentiam shall not be responsible for consequences arising from material information that is inaccurate, incomplete, outdated or deliberately withheld.
Excellentiam’s services are not emergency medical services.
In an emergency, Excellentiam and/or the concerned Service Provider may contact the nominated family member, legal representative, treating doctor, hospital, ambulance or appropriate emergency service.
Where immediate action is reasonably necessary and the Client or family cannot be contacted, reasonable coordination steps may be taken in the interests of the Elder/Patient, subject to applicable law.
All services are subject to availability of suitable Service Providers and operational feasibility.
Excellentiam does not guarantee that a particular nurse, attendant, caregiver, physiotherapist or other Service Provider will always remain available.
Where reasonably possible, Excellentiam shall endeavour to arrange a replacement. Immediate replacement cannot be guaranteed in every circumstance.
Excellentiam expects all Service Providers to maintain appropriate standards of professionalism, dignity, discipline, confidentiality, hygiene, punctuality and lawful conduct.
Misconduct includes, without limitation: theft or suspected theft; physical or verbal abuse; harassment; fraud; intoxication while on duty; negligence; unauthorised absence; breach of confidentiality; inappropriate behaviour; misappropriation of money or property; falsification of records; or any other unlawful or serious misconduct.
Where a complaint is received, Excellentiam may investigate the matter in accordance with its internal procedures.
Where appropriate, Excellentiam may suspend the Service Provider; stop assigning further work; remove the Service Provider from its network; arrange a replacement; notify the Service Provider’s employer or agency; recover amounts contractually recoverable from the Service Provider; assist the Client in approaching the police or other competent authority; and/or take any other lawful or contractual action.
A Service Provider who is an independent third party remains responsible for the Service Provider’s own unlawful acts, misconduct, negligence or breach of contractual obligations.
Nothing in these Terms prevents the Client from exercising any statutory or legal remedy available under applicable law.
Service Providers/Vendors may be required to execute a separate Vendor Agreement.
The Vendor Agreement may contain obligations relating to professional conduct, confidentiality, service standards, compliance with applicable law, protection of Client property, reporting, non-solicitation, non-circumvention, misconduct, negligence, indemnification and termination.
Subject to applicable law, a Vendor shall be responsible for losses, claims, penalties, damages and expenses arising from the Vendor’s own unlawful conduct, fraud, negligence, misconduct, breach of confidentiality or breach of the Vendor Agreement.
Where Excellentiam introduces, identifies, sources, screens, coordinates, deploys or facilitates a Service Provider for an Elder/Patient/Client, the Client Group shall not knowingly bypass Excellentiam and directly engage such Service Provider for substantially similar services.
This restriction shall apply during the period of service and for twelve (12) months following the last date on which the Service Provider was introduced, assigned, coordinated or engaged through Excellentiam.
The restriction applies whether the direct engagement is arranged by the Elder/Patient, Next of Kin, Legal Heir, Authorised Representative, family member, through another agency or intermediary, or through any other person acting on behalf of the Client Group.
The Client Group shall not induce, encourage, solicit or assist a Service Provider to discontinue or bypass Excellentiam for the purpose of providing substantially similar services directly to the Client Group.
A Service Provider/Vendor introduced or assigned through Excellentiam shall not, during the period of engagement and for twelve (12) months following the Vendor’s last assignment through Excellentiam, knowingly solicit an Excellentiam Client for substantially similar services outside Excellentiam; accept direct substantially similar business from such Client for the purpose of bypassing Excellentiam; encourage the Client to discontinue Excellentiam’s services; provide a private quotation intended to bypass Excellentiam; request direct payment where such payment is intended to circumvent Excellentiam; use Client information obtained through Excellentiam to solicit independent business; or assist another person or agency to circumvent Excellentiam.
This restriction is intended to protect Excellentiam’s legitimate commercial interests, Client relationships and investment in sourcing, screening, onboarding and coordinating Service Providers.
A direct engagement in breach of Clauses 11 or 12 shall constitute a material breach of the applicable Service Agreement or Vendor Agreement.
Subject to applicable law, Excellentiam shall be entitled to claim contractual compensation of up to ₹2,00,000 (Rupees Two Lakh only) per breach, or such reasonable compensation as may be awarded or permitted under applicable law.
The parties acknowledge that the amount is intended to represent a reasonable pre-estimate of potential commercial and administrative losses, including sourcing and recruitment costs, verification and onboarding costs, coordination and management costs, replacement costs, disruption of services, administrative expenditure and loss of business opportunity.
The amount is intended as contractual compensation and not as a punitive penalty.
Excellentiam may also pursue any other remedy available under applicable law.
The non-circumvention provisions shall not apply where the Client or Vendor can demonstrate that a substantially similar relationship with the relevant Service Provider or Client existed independently before the introduction through Excellentiam.
The party claiming such an exception shall be responsible for establishing the prior independent relationship through reasonable documentary evidence.
Clients and family members are advised not to leave substantial cash, jewellery, valuable documents or other valuables unattended with a Service Provider.
Any allegation of theft, loss or misappropriation should be reported to Excellentiam promptly and, where appropriate, to the police or other competent authority.
Where the allegation concerns an independent Service Provider, Excellentiam may assist in investigation and coordination but shall not automatically assume liability for the independent acts of such Service Provider.
Fees shall be communicated through the applicable quotation, rate card, invoice or Service Agreement.
GST and other applicable taxes shall be charged wherever applicable.
Excellentiam may require advance payment.
Invoices shall be payable within the period specified in the invoice or Service Agreement.
Excellentiam may suspend or discontinue non-emergency services where undisputed amounts remain unpaid.
Refunds, cancellations, notice periods and adjustments shall be governed by the applicable quotation, invoice or Service Agreement.
Where a refund is applicable, Excellentiam may adjust amounts relating to services already provided, committed Service Provider costs and other legitimately incurred costs, subject to applicable law.
To the maximum extent permitted by applicable law, Excellentiam shall not be responsible for losses arising solely from independent acts or omissions of Service Providers; medical decisions made by doctors or hospitals; acts or omissions of hospitals, laboratories, pharmacies or other independent third parties; complications arising from an underlying medical condition; inaccurate or incomplete information supplied by the Client; refusal by the Client to follow professional medical advice; or circumstances beyond Excellentiam’s reasonable control.
Nothing in these Terms shall exclude or restrict any liability which cannot lawfully be excluded or restricted under applicable Indian law.
Subject to applicable law, the Client Group agrees to indemnify the relevant Excellentiam entity against claims, losses, costs and expenses arising from inaccurate or misleading information supplied by the Client; violation of these Terms; unlawful acts of the Client or persons acting on the Client’s behalf; misuse of the Website; unauthorised instructions; or disputes arising directly between the Client and an independent Service Provider, except to the extent such liability is finally determined to have resulted from Excellentiam’s own negligence, wilful misconduct or liability that cannot legally be excluded.
Excellentiam may collect and process information reasonably required to provide and coordinate services.
This may include personal information, contact details, identity information, medical information, prescriptions, emergency information and service records.
Excellentiam shall handle personal information in accordance with applicable Indian privacy and data-protection laws and its Privacy Policy.
Information may be shared with relevant Service Providers, doctors, hospitals, family members, emergency contacts or other persons where reasonably necessary to provide or coordinate the requested service or where required or permitted by law.
Excellentiam shall take reasonable measures to maintain confidentiality of Client information.
Service Providers may be required to comply with separate confidentiality obligations.
Information may be disclosed where reasonably necessary for service coordination, emergency response, legal compliance or protection of the Client’s interests.
Information published on the Website is provided for general informational purposes.
Nothing on the Website constitutes medical, legal or financial advice or guarantees a particular medical or care outcome.
Excellentiam may modify, update or discontinue Website content or features where reasonably necessary.
All trademarks, logos, text, photographs, graphics, designs, software, content and other materials appearing on the Website are owned by or lawfully used by the relevant Excellentiam entity.
No material may be reproduced, copied, distributed, modified or commercially exploited without prior written permission.
The Website may contain links to third-party websites.
Excellentiam does not control and shall not be responsible for the content, availability, security or privacy practices of such websites.
Clients may submit complaints relating to Excellentiam’s services or coordination through the Company’s designated grievance channel.
Complaints concerning Service Providers shall be reviewed in accordance with Excellentiam’s internal procedures and the applicable Vendor Agreement.
Where a complaint involves suspected theft, abuse, fraud, violence or other criminal conduct, the Client may approach the appropriate law-enforcement authority. Excellentiam may cooperate with lawful investigations.
Excellentiam may suspend or terminate services where payments remain overdue; the Client materially breaches these Terms; the Client or family member behaves abusively or threatens employees or Service Providers; material information has been concealed or misrepresented; continued service creates an unreasonable safety risk; or continuation becomes legally, commercially or operationally impracticable.
The Client may terminate services subject to the applicable Service Agreement.
Termination shall not affect obligations which are expressly intended to survive termination, including confidentiality, payment obligations and applicable non-circumvention provisions.
Excellentiam shall not be liable for delay or failure arising from circumstances beyond its reasonable control, including natural disasters, epidemics, pandemics, war, civil disturbances, government restrictions, strikes, transportation disruption, telecommunications failures, power failures or other force majeure events.
Excellentiam may amend these Terms from time to time.
The revised Terms shall be published on the Website with the updated effective date.
Continued use of the Website or continuation of services after the revised Terms become effective shall constitute acceptance to the extent permitted by law.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
These Terms shall be read together with the applicable Service Agreement, Elder/Patient Enrollment Form, Consent and Authorisation Form, Quotation, Invoice, Vendor Agreement, Privacy Policy and other written terms applicable to the relevant service.
Where there is an inconsistency, a specific written Service Agreement signed by the relevant Excellentiam entity and the Client shall prevail over these Website Terms to the extent of that inconsistency.
These Terms shall be governed by and interpreted in accordance with the laws of India.
Subject to the jurisdiction vested in statutory authorities, consumer fora/commissions and other authorities having jurisdiction under applicable law, courts of competent jurisdiction at Kolkata, West Bengal shall have exclusive jurisdiction in respect of disputes arising out of or relating to these Terms or the services provided by the relevant Excellentiam entity.
Nothing in this clause shall restrict any mandatory statutory right available to a consumer under applicable law.
By accessing or using the Website, submitting an enquiry, registering an Elder/Patient, requesting a service, signing a Service Agreement, making payment or continuing to receive services facilitated by Excellentiam, the Client confirms that the Client has read, understood and accepted these Terms, subject to applicable law.
Excellentiam Hospitality and Healthcare Private Limited
Excellentiam Services
(Previously known as Excellentiam Financial Services)
Website: www.excellentiam.org
Email: [●]
Telephone: [●]
Address: [●]
Last Updated: [●]
