Last updated on June 3, 2019

This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended 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 document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Portal (defined below).

This Portal is owned and operated by Elders LifeCare Services Private Limited, a limited liability company, registered with the registrar of companies, in Mumbai, India, under Companies Act 2013 (CIN No: U74900MH2015PTC265934, GSTN: 27AADCE9977G1Z3) and having its office at Unit # 611, Reliable Pride, Anand Nagar, Opp. Heera Panna, Jogeshwari (W), Mumbai, 400102 (“Company”, “We”, “Us”, “Our”).

The Company provides you access to a variety of Services via www.wisercommunity.com, the website (the "Website") and other (future) mobile applications (“App”), (The Website and the App, shall collectively be referred to as the “Portal”). All the products and Services available through the Portal (collectively the "Portal Services") are covered under the following Terms of Use. These Terms of Use govern access to and use of the Portal and the Portal Services.

By selecting the “I AGREE” option, you are consenting to be bound by these Terms of Use for using the Portal. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS OF USE BEFORE YOU USE THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS OF USE CONTAINED HEREIN upon clicking on the “I ACCEPT” button. YOUR AGREEMENT TO THE TERMS OF USE SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY IN RESPECT OF THE PORTAL AND/OR THE PORTAL SERVICES.

Scope of Services: We provide a Portal which is an online meeting place / marketing and e-advertising platform connecting the senior citizens (“Wisers”) with other Wisers and various elderly service providers (“Providers”) including but not limited to senior living facilities, event management firms, tour operators, paying guest accommodations, medical care providers, day to day household services providers, geriatrics care providers, professional services firms etc.).

The Portal enables Wisers to contact other wisers online for a friendship, relationship, experience sharing or home sharing. Service Providers (who can be an elder, a younger individual working as freelancer or a service company) may also respond to Wiser's specific requirements posted by the Wisers on the Portal.   (“Service/s”).

Accepting another Wiser's contact request or contacting and visiting a service provider is at the sole discretion of Wisers. While we do perform identity checks of Service Providers based on government issued identity cards such as an Aadhaar card or Driving License, we do not claim, nor guarantee that the information published on the Portal by the Service Providers is genuine or fully authentic. Awarding the work or concluding a work / service contract is directly between Wisers and the Service Providers at their sole discretion, if needed, we may be able to provide assistance in arranging a visit, verifying documentation on request.

The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. Our Services also include paid subscriptions and services. By purchasing or using our paid subscription and services, you agree to these Terms of Use.

Registration and Use

Registration: The Portal may require that you register in order to use some or all of the features and functionalities of the Portal. We may, in our sole discretion, permit or deny your registration as the Portal is purely meant for people above the age of 50. Once we permit you to register at the Website, you agree and undertake to access the Website only using the unique username and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you.

We allow you to register with the Website using your Facebook or Google+ account. If you complete your Registration via Facebook or Google+ all applicable Facebook and Google terms of use and any changes to the same shall apply to you in addition to these Terms of Use.

You understand that for the purpose of effectively using the Website you may be required to provide accurate information including but not limited to your name, address, mobile number and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Portal, including the User Content and represent that they are true and accurate. We might ask you to verify your ownership by sending a verification email.

You agree and understand that this Website and the contents are intended for people who are 50 years of age or above. You hereby represent that you are 50 years of age or above and competent to contract within the meaning of section 11 of the Indian Contract Act, 1872.

If you are registering as a Service Provider, you represent that you are duly authorized to register and by accepting these Terms of Use you bind such underlying business entity to these Terms of Use.

Accuracy of Information: The information we collect from users of our Services, including during the registration process for our users (including Service Providers) is detailed in our Privacy Policy. When you create an account, you must provide Us with accurate and up-to-date information, for which you are solely responsible.

You will be solely responsible for your acts on the Portal including those conducted under the username assigned to you. You understand and agree that the Company may, in its sole discretion, terminate your access to the Portal without notice and you waive any right to claim access to the Portal or any other claim that you may have. Any data of your usage may be retained or deleted at the Company’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.

Communication: By using Our Services and providing us with your contact information, you agree that We/other users of the Portal can send you communications about our Services. By using our Services or by filling out any forms / agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by Us or Our Service Providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call Us We may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you provide us consent to record your call when you call Us.

Creating a profile: The decision to post/create a public profile with your real name or an alias is absolutely at your own discretion. While we need your personal details to provide a relevant match, we DO NOT publish any personally identifiable information such as your email, phone or address anywhere on Our Portals. We advise you to apply caution while exchanging messages with potential new contacts and read our detailed safety precautions here before creating a profile.

Posting a Service: All services posted on the Portal must be of a professional nature and accurately describing the services requested. They should be free of offensive language or advertisements for other products or services from our competitors. Job postings may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Job postings related to the creation of adult or explicit content or those that are considered un-parliamentary are prohibited.

All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

Permitted Use: You agree that you will use the Portal only for the purposes of viewing or listing advertisements related to elderly Service Providers or to use the other services provided by the Company through its Portal in accordance with these Terms of Use and all other applicable agreements that you have entered into with the Company.

You will use the Portal and any information available in accordance with all applicable laws and regulations. These Terms of Use are in addition to and not in derogation of any other agreements or terms and conditions agreed upon or entered into by you.

Prohibited Use: In relation to the use and access of the Portal, its content and features, you agree and undertake not to:

• Upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you, and more specifically, you will not impersonate another person;

• Upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;

• Violates the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to advertise such elderly services;

• Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Portal, the Company’s computer systems or the computer systems of other users or third party systems;

• Upload transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form) of any third party;

• Use the Portal in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

• Access the Portal in any unauthorized manner, including by hacking or using log in credentials of any other user; and

• Use the Portal for any unauthorized marketing purposes or for sending any unsolicited materials.

If any of your actions on the Portal or materials posted by you on the Portal are flagged as inappropriate, the Company reserves the right to review such actions or content to determine, in Our sole and absolute discretion, whether it violates these Terms of Use. If the Company removes your content or disables your account and/or access to the Portal, you may assume that such removal or disablement was purposeful on the part of the Company. The Portal may additionally refuse to let you re-register and/or use the features and functionalities at Our sole discretion.

Good Faith: By creating an account, you agree that you are signing up for Portal's Services in good faith, and that you mean to use them only for their intended purposes as elderly services information tools and for no other reason.

Security: While the Company works to protect the security of your content and account, We cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify Us immediately in the event of any compromise or unauthorized use of your account.

You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account. Read Our detailed safety precautions here

By using certain of our Services, you agree that the Company may create a user account for you. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all Our accounts, you may delete or disable your account it at any time by going into your personal dashboard.

Our Rules About Your Data Privacy

Privacy Policy: Our Privacy Policy governs Our collection, use, and disclosure of your personal information and is incorporated into these Terms of Use. Please read it carefully. It describes what information We collect from you and when, how and why We may create an account for you, whom We share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to Our Privacy Policy.

Our Rules About Your Content

Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other Portal users.

Monitoring User Content: The Portal does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home or otherwise provide content via the Services.

Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.

Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to any information that would potentially be viewed as an invasion of privacy.

License to Use Your Content: When you provide User Content via our Services, you grant us a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to Us.

Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to the Portal may be redistributed through the Internet and other media channels, and may be viewed by the general public.

We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Rules for Service Providers

Information Provided by Service Providers: If you are an elderly Service Provider, you agree that you will not claim or submit listings that do not belong to you. When you submit or claim a listing, you hereby agree to abide by the User Terms and Conditions accepted by you.

User Content Provided to Service Providers: If you are a Service Provider, you agree that you will not use any information about Portal users that is transferred to you during your use of our Portal or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with elderly services. You further agree never to use such information for any illegal or harmful purpose.

Intellectual Property and Licenses

Limited License to Use Our Services: Subject to these Terms of Use and any other policies We create, We grant you a limited, non-sublicensable right to access the Portal, use Our Services, and print materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Portal, Services, or Materials; or frame any part of our Portal or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Portal or Services, and to block or prevent future access to and use of the Portal or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Portal or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

You agree and understand that:

• The contents of the Portal including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Portal and its contents and functionalities shall vest solely with Company or its licensors.

• Save for the limited right to access and use the Portal in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Portal or any of its content and functionalities.

• To the extent required, you grant the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to the Company.

• You have no right to make any copies of the whole or part of the Portal or any of the content therein.

• You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Portal save for any User Content that belongs to you.

• You have no right to use any search mechanisms other than that provided on the Portal and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Portal.

If you are found to be in violation of this clause We reserves the right to terminate your access to the Website immediately.

Our Materials Are Protected: All materials on the Portal and Services, including Our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of the Company, Our suppliers, Our licensors, or users, and are protected by Indian and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without Our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "www.wisercommunity.com" or any other name, trademark, or product name of the Company without Our permission.

Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on Our Portaland Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

Third-Party Links, Sites, and Services

Our Portal and Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of the Company. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Us of the website or any information contained therein. The Company is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Portal or Services be aware that your activity outside Our Portal or Services will not be governed by our Terms of Use or other agreements.

No Warranties

THE PORTAL, THIS WEBSITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE PORTAL, www.wisercommunity.com WEBSITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

The Company takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using Our Portal or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

The Company is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including but not limited to the status of senior living facilities, paying guest accomodations, elderly events, elderly tours and Service Providers) that may appear on our Portal or Services.

The Company does not represent in any manner that:

• The information, data or contents of the Portal are accurate;

• The Portal will be available at all times and will operate error free or that there will be uninterrupted access and service;

• The integrity of the information on the Portal or information you upload will be maintained;

• We endorse any of the views of any of the users who may have posted content;

• We have verified or guaranteed the quality of services or representations made by any user of the Portal;

• We have verified the credit worthiness of any user;

• We have screened or verified any of the information posted herein; and

• The Portal or any content is free from viruses or other malware.

Any verification conducted by the Company shall be limited to the capture, by an employee or agent of the Company, of photographs of the senior living facility that is the subject matter of a listing or advertisement. The photographs are then listed on the Portal and are available for viewing by all persons who visit the specific pages associated with a verified listing. Please be aware that the photographs are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the photographs or for keeping the photographs updated. The photographs are intended only as a preliminary visual guide to the wording of the listing and it shall be entirely your responsibility to visit, view and determine the suitability (for your needs) of any services listed on the Portal prior to entering into any transaction with respect to the same with the actual Service Provider.

The Portal is only a platform for the advertising of opportunities for transactions that two users (i.e. the Wisers and the Service Provider) of the Portal may enter into outside of the auspices of the Portal or the Services provided by the Company. Any contractual or commercial agreements / deals / transactions / negotiations are agreed to between users alone and neither the Portal nor the Company shall be in any manner liable or responsible for these commercial arrangements. Company is not responsible for any breach of any contract concluded by any of the user/s. The Company does not stock / underwrite / deal / rent / block any immovable property directly or indirectly.

Your use of the Website and its functionalities shall not act to make the Company your agent in any form or manner. Any disputes between you and Service Providers are to be resolved between you and such Service Providers only and the Company is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin the Company or its affiliates, officers, employees, agents and professional advisors as a party to any such dispute.

You expressly release the Company, its affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Portal.

Indemnification

You agree to defend, indemnify, and hold the Company harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Portal or Services or your use of the Portal and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against the Company arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation Of Liability

IN NO EVENT SHALLTHE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PORTAL, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The aggregate liability of the Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Portal and its contents and functionalities or for any reason related to the operation of the Portal, shall not exceed INR 1000 (Indian Rupees One Thousand only). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not We have been advised of the possibility of such damages.

General Terms

Termination: The Company reserves the right to terminate your access to the Website at any time, in our sole discretion. You acknowledge the Company’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.

Force Majeure: In no event shall the Company be liable for any acts beyond our control or for any acts of god.

Access: The Company does not make any claim that the Portal and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.

Payment: To access some of our services, user needs to buy and pay for a subscription online or via cheque payments. We use third-party payment processors for online payment. The processing of payments or credits, as applicable, in connection with your use of the Wiser Community will be subject to the terms, conditions and privacy policies of the third party payment processors and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the payment processors.

Cancellation/Refund Policy: While availing any of the payment method/s available on the Portal, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Portal, including payments made towards paying subscription fee or booking of an elderly event and elderly tours, are non-refundable. In the event payment is deducted from the User's account with non-completion of the purported transaction, the exact amount shall be refunded to the User via the same mode of payment within 3-5 working days. All commercial terms are on a principal-to-principal basis between the buyers and the sellers and the Portal’s payment facility is merely used by the buyers and the sellers to facilitate the completion of the transaction. Use of the payment facility shall not render the Company liable or responsible for the non- completion, non-payment, damage, breach of representations and warranties or fraud as regards the projects listed on the Portal.

Complaints: Should you have any complaints regarding the Website, including but not limited to abuse and misuse of the Portal, copyright infringement and the like, or any issues related to data privacy please report the same to 

support@wisercommunity.com.

Please provide your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.

Modification of Services: The Company reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. www.wisercommunity.com will not be liable to you or any third party if we exercise this right.

Modification of These Terms: We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Website or Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Portal or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

Choice of Law: These Terms of Use are governed by the laws of India. The courts in Mumbai, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use.

No Waiver: The Company’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights: These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Portal or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement and Severability: These Terms of Use, the Privacy Policy and any amendments and additional agreements you might enter into with the Company in connection with our Portal or Services, shall constitute the entire agreement between you and the Company concerning the Portal or Services, and shall supersede any prior terms you had with the Company regarding the Portal or Services.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.

Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. The Company may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.

Notices: Any notices or other communications that you wish to send to the Company may be addressed to the registered office mentioned above.

Dispute Resolution: Unless you have entered into an additional agreement with the Company that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and the Company which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.

Contact Information: If you have any questions or suggestions regarding our Terms of Use, please contact us.