Understanding Our Terms & Policies

Terms and conditions 

Fyxrr Eldercare, a brand of Tercet Healthcare Pvt Ltd, offers comprehensive medical and health services tailored for seniors in the comfort of their homes. From medical assistance to specialized care, we prioritize the well-being and comfort of our elderly clients.

FYXRR App (“App”): All Users who are not subscribers of any services of the App (“Users”), shall be bound by the EULA, Disclaimer and Privacy Policy as have been mentioned on the App. Every user hereby consents that Fyxrr shall use their registered phone numbers to receive “Whatsapp Notifications”. Users also authorise Fyxrr to hereby send them one-way messages/communications which shall be in the form of necessary information, notifications, updates, details of transactions with reference to the user’s account and any other such relevant information through WhatsApp to the user’s registered contact number from time to time, at the App’s/Website’s discretion. Users can disable the receipt of such messages/communications from the App/Website via WhatsApp by replying “stop” to the alerts on WhatsApp. Users hereby also authorise the App/website to use their testimonials, photographs and videos that are accessible on their social media, brochures, websites or any other public spaces for marketing purposes. 

FOR PAID MEMBERS

On subscription to any paid Membership Services that are offered by the Tercet Healthcare Pvt. Ltd. (Herein referred to as Fyxrr/App/we/us), a user shall become a “Member”. All members hereby agree and undertake that their membership shall be subject to the following Terms and Conditions as agreed. Unless explicitly stated otherwise, the term “Services” as undermentioned shall be inclusive of all deliverables forming part of the “Membership Plan” that are offered by the App/website. The available Membership plans are Experience Plan, Happiness plan, Faith Plan and Peace of mind plan(Annexure III).

  1. TERMS

The membership/service term of the Membership plans as chosen by the member shall begin from the date of Service Activation and the membership shall remain active throughout the chosen period as purchased by the member or as per the terms of the renewal of the membership plan. 

The membership/Service Term of an user for the abovementioned Membership plans shall start on the date of Service Activation and shall remain active during the period as chosen and purchased by the User or as per the terms of the renewal of the Membership plan. Whenever a Member opts for the renewal of the Membership plan for a period beyond the initial Term, Fyxrr shall review the desired deliverables and notify the member or their Next of Kin about the updated Membership fee. The tenure of the Membership plan shall be renewed upon confirmation and payment of the membership fee. For the purposes of this agreement, “Next of Kin” shall mean a relative of the Member who is over 18 years of age, of sound mind and is capable and authorised of making any decisions on behalf of the Member. 

  1. SERVICES

  1. a) All services offered by the App/website shall be subject to the Terms and Conditions as agreed by the Members in this document. Members shall provide their registration details either through the App/website or through their Care Manager. All Membership plans can be accessed by a maximum of two elders, i.e., the Member and their spouse. The deliverable services that shall be provided in the membership plans shall be identified and mentioned by the members at the time of registration. 

  1. b) The Member shall be provided the Service Initiation Date for the Membership plan as purchased by them, within 48 hours of the payment date, during which a Fyxrr team member shall get in touch with the Member to validate the relevant details and information of the elder. The Services shall be activated on the date when this validation of relevant details and information of the elder that are necessary for the provision of services are verified and confirmed by the Fyxrr team. The member shall receive written confirmation of such activation of services. 
  2. c) In instances of breach of any of the Terms and Conditions as mentioned in this document by any Member, their next of kin or any other family members, Fyxrr reserves the right to immediately suspend all services. 

  1. d) By way of signing this agreement, members unconditionally and explicitly accept and acknowledge each and every term and condition that are mentioned herein. If any Member is mentally, physically or medically unfit to understand the Terms and Conditions of this agreement, then all obligations and liabilities shall be deemed to be shifted upon their next of kin, who is over 18 years of age, is mentally sound, capable and authorised to make decisions on behalf of the Member. By way of this agreement, Fyxrr understands that the Next of Kin is legally authorised to participate in joint decision making for healthcare and other matters on behalf of the member.  

  1. e) By signing this agreement, the member hereby acknowledges and accepts that the Services shall be available only within the Home Zone of the member which is defined as the particular region within the limits of the city of the elder’s address as confirmed at the time-of-service Activation. 

  1. f) The Member hereby affirms that all services as agreed in the Membership Plans shall be provided at their residential address within the designated Home Zone, as furnished, validated and confirmed either in the Membership Form or as entered by the  member in the online registration form.

  1. i) The Member hereby understands, acknowledges and consents that in order for Fyxrr to render their Services as detailed and explained in Annexure – I and Annexure -II of the Terms and Conditions, it is necessary to grant access to the member’s house. Fyxrr’s team members or personnel shall require uninterrupted access to the member’s house whenever called upon by the member or as required for the delivery of the services. In cases of urgency or emergency, if we find that the members house is locked, obstructed or inaccessible, Fyxrr officials reserve the right to apply reasonable force to immediately enter the house of the member to reach them and provide services without being held liable for any delay or inability to fully render the services. Any expenses incurred from the damages that may be caused due to the use of force in such events to enter the premises of the member to render services to the member shall be borne by the member. It is strongly advised and insisted that the members install a locking system at the main entrance of their house premises and share the details of this system with Fyxrr to enable our team members to conveniently enter the member’s house in the time of need. All services delivered by Fyxrr shall be performed using their best skill, care as per the set standards of the best industry practices in consonance with the applicable laws of the land. 

  1. All members hereby understand and accept that Fyxrr shall have no liabilities towards any services or act or omission on behalf  of any third party service providers such as hospitals, nurses or any other service providers. Any delay or omission beyond the control of Fyxrr shall not be the liability of Fyxrr in any manner whatsoever. 




  1. APP/CALL TO AVAIL SERVICES 

  1. a) All membership plans shall include the emergency coordination service that shall be app/website based or call based. In order to avail the app/website based emergency coordination service, i) the member shall download and use the App/website on their mobile phones. Members shall also be able to call us in case of emergencies. ii). Fyxrr reserves all rights to change, modify and update the app/website periodically. Members are hence advised to regularly check for app/website updates and recent discounts to be able to fully utilise the benefits and services of the App/website. While using the call based emergency coordination services, the member shall also be able to avail the emergency coordination service by calling at that forms a part of the service plan as chosen and availed by the member. It is the responsibility of every member and/or their next of kin to ensure that the member has the Fyxrr contact number saved in their communication devices. 
  2. b) It must be noted herein that all of Fyxrr’s Coordination Services that are requested through either the App/website or via call are subject to the successful processing and operations of the intermediate operators transfer of signals between the member’s home and Fyxrr. 

  1. MEMBERSHIP FEE

  1. a) All members shall pay in advance their membership fees to avail the services as specified at the time of purchase of their respective plans. b) Fyxrr shall accept payments in accordance with the communicated estimates as provided at the time of sign-up or as agreed from time to time. It is the sole responsibility of the member or their next of kin to update/inform any changes to the mode of payment details and information and to bear any consequences arising out of declined payments which shall include the termination of all services by us. c) The membership fees and all other ancillary charges including the expenses incurred by Fyxrr while providing their services shall be paid and reimbursed within 7 days of the Service Initiation Date. d) All additional services that are not included in the membership plans/services already paid for by the members shall be charged extra as per the prevailing market rates in accordance with our terms and conditions. 

  1. TAXES

All members shall  pay in addition to the membership fees, the prevailing local and government taxes on the membership fees and all other charges. All taxes shall be paid as per the policy and directions of Fyxrr which shall be included along with the membership fees and other charges.  

  1. MEMBER’S RESPONSIBILITY

All members availing the services hereby affirm and acknowledge that they do so at their own free will and at their own risk without any liability of Fyxrr. It is the member’s obligation to provide their complete and accurate details and information. Members are bound to provide their full medical history with up to date medical reports and evaluations. Fyxrr shall not verify any medical records that are provided by the members. Fyxrr reserves the right to preserve all records of their member’s clinical diagnoses and history. Members hereby agree to accept and follow all instructions and medical  advice as provided by the qualified members of Fyxrr as part of discharging their obligations under the committed services in the membership plan. It is the responsibility of the members to ensure absolute safety and security of all team members including Nurses/Attendants and others who shall visit the premises for the purposes of rendering services to the members in accordance with the membership plans. All services of Fyxrr shall be subject to the immediate weather, city, civic and other legal  conditions. Our services are subject to force majeure including but not limited to occurrences of acts of terrorism, riots, curfew, war, pandemic, lockdown or any other external circumstances beyond the company’s control. All liabilities regarding the safekeeping and safety of all members’ personal movable and immovable property, goods, and any other belongings such as money, jewellery, dentures, hearing aids or anything else. Apart from the abovementioned obligations, all members who are beneficiaries of the Home Care Services hereby acknowledge and agree to adhere to and fulfil all other necessary obligations that are required to be discharged by the members for the smooth and proper delivery of the services under the membership plan that Fyxrr is bound to provide. All members shall ensure that basic working conditions and amenities such as sufficient and fresh food, clean drinking water, general sanitation, safe and comfortable place for rest and sleep, access to equipped restroom with shower/bath facilities along with all other necessities that conducive for the comfortable and dignified working conditions of attendants/nurses who shall be staying at the premises of the members. As a mandatory policy, all members must complete police verification through the local police station of attendees/nurses, in order to ensure seamless and safe delivery of services. The supply of necessary materials such as cleaning, personal care, etc.,  and equipment that are required for the seamless provision of the services under the membership plan. It shall be the responsibility of all members to supply the necessary cleaning, personal care and other such products along with the necessary equipment in order to facilitate the delivery of our services. No attendant shall be authorised to administer any kind of medications upon the members. Every member shall immediately inform the Fyxrr through either their team or attendants or nurses who may be required to stay at the house of the members, regarding any communicable diseases that they may be suffering from.  Members hereby acknowledge and agree to indemnify and bear the full costs to compensate any harm or damages that may be suffered by Fyxrr/our team.attendants/nurses because of the deliberate negligence or  concealment of information by members. Members or their next of kin/s, family members or any other family members or any other person who may be visiting or living in the premises of the member’s house shall undertake not to misbehave, threaten, disrespected, ill treat either physically or verbally and neither shall they detain or restrain any member of the Fyxrr team against their free will. Members hereby undertake to bear the full responsibility and all legal consequences arising out of any contingent harm or damage caused to the team members of Fyxrr. Members hereby undertake to refrain from causing any physical, emotional, sexual or otherwise harm by words or through actions to any Fyxrr team members, whatsoever. Members shall not involve in any illegal actions that can lead to theft, injury or damage to the properties of Fyxrr. Members hereby acknowledge and accept that any injury, loss or damage in the nature of revenue, profits, data or anything else caused due to either the use of our services or the inability to use our services shall bear no liability to Fyxrr whatsoever. Apart from the terms of this agreement, members shall be bound by the laws of the land while using any of our services. All terms and conditions with regard to the relation and agreement between the members and Fyxrr shall be subject to the laws as they may be in India. 

  1. REPRESENTATION AND COVENANTS OF MEMBER

All members/Next of kin hereby represent and warrant that : a) They have the legal capacity and locus to enter this agreement and fulfil the terms and conditions as elucidated in this document. b) All records including personal details, medical diagnosis reports along with other clinical evaluations including past medical records that are submitted to Fyxrr for the discharge of their services as per the clause 6 of this agreement, are true and genuine to the best of the members’ knowledge. c) It is hereby acknowledged and agreed that all personal information that is shared with Fyxrr during the course of execution of this agreement and for the purposes of us rendering the services under the membership plan, shall be stored on the App/website and shall be used and shared in strict adherence of the privacy policy terms of the App/website. It must be noted herein that all calls and conversations between the Member and the Fyxrr representatives shall be recorded and monitored in order to ensure quality and safety of the services that shall be provided. Members or their representatives can withdraw their consent regarding the storage of their personal data and information at any point by way of raising a request in writing by the members or their representatives through an  Email  to care@fyxrr.com. On receiving the request, we shall endeavour our best to remove such information from our database as soon as possible. However, it is clarified herein and acknowledged and accepted by the members that in case a member decides to refuse or withdraw their consent as such, Fyxrr shall retain the right to halt the provision of services or withdraw the discharge of such services for which this refused/withdrawn information was sought. It however also clarified and accepted by the members that the failure of Fyxrr to withdraw their services in such an event shall not amount to any breach or fault and we shall not be liable for any damages whatsoever. d) All rights, benefits, privileges, responsibilities and liabilities arising out of the membership plans as chosen by the members are personal to them alone and are strictly non transferable. e) In situations of emergency qua the member, Fyxrr reserves the right to take all such steps that we deem necessary for the well being of our members and members and their next of kin shall respectfully cooperate with us to best of their capacities and f) As mentioned above, we maintain complete databases with the details of the medical records of the member. Therefore, the member hereby expressly, unequivocally and unconditionally consents that these personal information from our database can be used or shared by Fyxrr in cases of emergency and for the purposes of training, research, surveys, and marketing provided the member consents to such use of their data while submitting their membership form at the time of registration on the App/website. The membership shall not be entitled to receive any loyalties, fees or payments towards the same.  

ACKNOWLEDGEMENT AND COVENANTS OF MEMBER QUA THIRD PARTY SERVICES

Members consent in their free will and sound state of mind and authorise us to render all elder care services including all routine services, diagnostic procedures, all regular check ups, medications, laboratory services. Members also voluntarily and without any pressure consent to the use of restraint as may be needed by attending physicians or any other persons who hold clinical or non clinical privileges and in their expert opinion understand that it is necessary in the interest of the member’s good health. All members and their next of kin hereby declare that they understand that the practice of caregiving and care services of elders are not particularly “science” by strict definition of the term. It is deemed understood by all members that no binding promises have been made by Fyxrr regarding the outcome of the services rendered in this elder health care plan. 

  1. TERMINATION AND EXPIRY TERMINATION BY US

  1. a) Fyxrr reserves all rights to terminate any member’s membership at any time without any obligation to show cause after serving an advance written notice of 7 (seven) days to the concerned member. Upon any breach/default of any of the set terms and conditions and/or any rules and regulations and/or instructions as informed to the Member from time to time  Fyxrr may withhold their services and/or and/or terminate the membership by serving a prior notice before 7(seven) days of termination of services when the member fails to rectify such breach within the necessary timeline. b) In circumstances when any member is found to be in complete breach of Clause 6, Fyxrr reserves the right to terminate the membership upon the service of notice with immediate effect in such circumstances as : i) at the time the member is found to be in breach of Clause 6 entirely. ii). At any time after the member has accessed the services of Fyxrr, as soon as Fyxrr is aware of of any deliberate omission, false declaration, misrepresentation committed by the member at the time of entering the necessary details, particularly with regard to their medical history or any other resources of the member. c) Fyxrr reserves all rights to withdraw their services under circumstances when our representatives including team members such as attendants/nurses cannot continue their work owing to the Member’s any person living  at his house suffering from any contagious disease including but not limited to Covid-19, unless the information regarding such infection is disclosed to Fyxrr at the time of occurrence. 

  1. TERMINATION BY A MEMBER

Any member can terminate their membership at any time during the first month of the services being rendered. Following the first month, the policy regarding termination of Fyxrr’s services is strictly without a refund whatsoever. In circumstances that Fyxrr is unable to deliver the services in accordance with the terms of the membership plan, Fyxrr shall be liable to refund the full subscription amount upon cancellation on a pro rata basis with mutual agreement within maximum 30 days of the written communication on cancellation of services. 

  1. CESSATION OF MEMBERSHIP IN CASE OF DEATH OR NON-RENEWAL

  1. a) Non-renewal : Fyxrr reserves the right to stop the delivery of all services in the case of non renewal of the Membership of a member. b) Upon the death of a member, their membership shall automatically cease to exist and the member/next of kin shall be charged the membership fees and other charges as may be applicable up to the period services are provided by Fyxrr. Notwithstanding anything contained in herein, it must be noted that in the event that services that are part of the membership plan are being rendered to 2(two) members residing in shared household, upon death of 1 (one) of the members, the services shall continue to be provided to the other member until the expiry or termination of their membership plan their death, whichever is earlier. 

  1. OUR RELATIONSHIP WITH THE MEMBER

  1. a) Fyxrr shall provide all services to their members as an independent service provider and under no circumstances should it be construed as a Principal- Agent relationship. b) No member shall have any right, entitlement or authority whatsoever to assume/create/bind us with any obligation on behalf of Fyxrr our their team members, except what is explicitly mentioned in this document. c) All members hereby agree and acknowledge that Fyxrr reserves all rights of admissions of the members and/or th cancellation of the membership of the member, which shall be the sole discretion of Fyxrr for any reason whatsoever. d) All members also undertake to ensure that their next of kin representative or their emergency contact as detailed by the member in the membership form or at the time of online registration, shall not delegate or transfer their duties and liabilities towards the member and their Fyxrr membership, without prior written intimation to Fyxrr. 

  1. INDEMNITY

Members hereby agree and undertake to indemnify Fyxrr and their affiliates against every claim including third party claims, liabilities, expenses and/or reasonable attorney’s fees/ litigation  expenses that may be arising out any breach of the outlined terms and conditions and/or ny breach of law whatsoever by members, their next of kin or family members. 

  1. LIMITATION OF LIABILITY
  2. a) It is hereby assured by Fyxrr that we shall endeavour to the best of our abilities and in good faith to provide the best services that are safe, healthy and in accordance to the health needs of our members. Notwithstanding anything mentioned in this document, however, under no circumstance can Fyxrr be held liable for any unintended direct or indirect, consequential or incidental damages or harm caused to the members. Fyxrr shall also bear no responsibility for any damages or loss to property, health or life that are consequences of the actions that are not attributable to us or any representative or team members of Fyxrr including their partners, service providers, attendants or nurses. b) Fyxrr’s liabilities shall only be limited to the amount paid by the members to Fyxrr in the preceding quarter of the membership term starting from the date the liability arose and after the deduction of the value of the services that have already been delivered up to the date of such liability. 

  1. JURISDICTION AND GOVERNING LAW

The jurisdiction over all disputes arising out of the membership, membership form and/or any of the terms and conditions as outlined and agreed in this document shall lie in New Delhi. 

  1. MODIFICATION OF THE TERMS AND CONDITIONS

Fyxrr reserves the rights to update/alter/amend the terms and conditions of this agreement and such information regarding any update in the agreement shall be notified to members via the Fyxrr App/website. It is deemed that the terms and conditions and their modifications that are done my Fyxrr shall be unequivocally and unconditionally accepted by all members provided that no objections are raised by them within 3(three) days of the display of the updated terms and conditions. 

  1. SEVERABILITY

In case it is found that any clause or part or the whole of these terms and conditions as set in this document are illegal, invalid or otherwise unenforceable or unsustainable, the said clauses shall shall be deemed to not be applicable whereas the rest of the enforceable part of the agreement shall continue to remain in force and effect.  

  1. FORCE MAJEURE

Fyxrr shall not be liable in any manner whatsoever, for any breach or default in delivery of their services due to any circumstances beyond our control including but not limited to any acts of God, pandemic, lockdown, strikes, lockdown etc.   

  1. WELCOME KIT, MEMBERSHIP FORM AND T&C

Members are hereby notified that the kit provided to a member after they fill the membership form shall contain, signed form, if applicable or online registration forms and the terms and conditions as set out in this document along with the annexures, comprise  of information regarding the applicable terms and conditions for the access and best use of our services, fee structure, payment terms, additional services, complimentary features etc. The membership form, when signed shall form part of the Terms and Conditions along with the registration form or invoice and must be read in consonance with the same. 

  1. SURVIVAL

Neither expiration of membership plan nor termination of the services by either parties shall cause any effect to the terms and conditions within this agreement that shall in effect, continue to operate beyond any such expiration or termination. 

ANNEXURE-I | SERVICES TO BE PROVIDED UNDER EXPERIENCE PLAN

The Experience Plan is designed to be a trial pack to provide the members with a first hand experience of an array of services for a duration of 30 days. Members can subscribe to the Experience plan by paying the subscription fee of Rs. 4999/-

  1. Members are eligible to get 24/7 access and emergency support across the nation through India’s only emergency help desk designed for seniors. Our team shall aid and assist the members in arranging an ambulance or any other assistance required by them.
    2. Members under this plan are entitled to a home visit by a local physician at their residential address as provided.  
  2. Members under this plan are also eligible to a home visit by our care manager at their residential address as provided.  
  3. Members are entitled to get their basic diagnostic tests done.
  4. Members are eligible for virtual yoga and meditation classes.
    6. Members are entitled to opt for home delivery of their medicines at their residential address provided under this plan.
  5. Members can get expert advice and opinions on adult immunisation options.
  6. Members shall also get virtual consultations from a qualified dietitian on their diet habits.
    9. Members are eligible for virtual counselling sessions from a professional and qualified counsellor.

ANNEXURE-II | SERVICES TO BE PROVIDED UNDER HAPPINESS PLAN

 

The Happiness Plan is available to the members on payment of a subscription fee of Rs. 6999. 

  1. Members are eligible to get 24/7 access and emergency support across the nation through India’s only emergency help desk designed for seniors. Our team shall aid and assist the members in arranging an ambulance or any other assistance required by them.
  2. Members under this plan are entitled to one (1) home visit by a local physician at their residential address as provided.
  3. Members under this plan are entitled to one (1) home visit by a qualified physiotherapist at their residential address as provided.
  4. Members under this plan are also eligible for two (2) home visits by our care manager at their residential address as provided.
  5. Members are entitled to get their basic diagnostic tests done.
  6. Members are eligible for virtual yoga and meditation classes.
    7. Members are entitled to opt for home delivery of their medicines at their residential address provided under this plan.
  7. Members can get expert advice and opinions on adult immunisation options.
  8. Safety and Security ?
  9. Members shall also get one (1) virtual consultation from a qualified dietitian on their dietary habits.
    11. Members are eligible for one (1) virtual counselling session from a professional and qualified counsellor.
  10. Members shall also get one (1) virtual consultation with a physician.
  11. Members shall also be aided and assisted by our staff in any travel or transport that may be required by them.
  12. Members shall also be eligible to receive Home Care support if needed and shall be billed on its actuals.

ANNEXURE-III | SERVICES TO BE PROVIDED UNDER FAITH PLAN

 

The Happiness Plan is available to the members on payment of a subscription fee of Rs. 7999. 

  1. Members are eligible to get 24/7 access and emergency support across the nation through India’s only emergency help desk designed for seniors. Our team shall aid and assist the members in arranging an ambulance or any other assistance required by them.
  2. Members under this plan are entitled to one (1) home visit by a local physician at their residential address as provided.
  3. Members under this plan are entitled to one (1) home visit by a qualified physiotherapist at their residential address as provided.
  4. Members under this plan are also eligible for two (2) home visits by our care manager at their residential address as provided.
  5. Members are entitled to get their basic diagnostic tests done.
  6. Members are eligible for virtual yoga and meditation classes.
    7. Members are entitled to opt for home delivery of their medicines at their residential address provided under this plan.
  7. Members can get expert advice and opinions on adult immunisation options.
  8. Safety and Security ?
  9. Members shall also get one (1) virtual consultation from a qualified dietitian on their dietary habits.
    11. Members are eligible for one (1) virtual counselling session from a professional and qualified counsellor.
  10. Members shall also get three (3) virtual consultations with a physician.
  11. Members shall also be aided and assisted by our staff in any travel or transport that may be required by them.
  12. Members shall also be eligible to receive Home Care support if needed and shall be billed on its actuals.

FYXRR REFUND AND CANCEL POLICY

Scenario Cancellation Policy Refund Policy
Customer cancels prior to service delivery Prior to service delivery, customers may request for cancellation by calling our Call center. No Cancellation charges will apply. If the payment has been collected prior to service delivery, 100 percent refund will be made to the respective payment instrument used by the customer. If payment is yet to be collected there is no refund.
FYXRR cancellation/rescheduling prior to service delivery If the customer disagrees on the rescheduling then the request for cancellation is confirmed. If payment has been collected, 100 percent refund will be made to the respective payment instrument used by the customer.
Customer Cancels after the service delivery has commenced At the customer request FYXRR will cancel the order and stop the service delivery. If payment has been collected 100 percent refund will be made to the respective payment instrument used by the customer.

CUSTOMER CANCEL THE SERVICE OF FYXRR

Scenario Cancellation Policy Refund Policy
Customer is dissatisfied with the service Not applicable If payment is yet to be collected there is no refund
Incorrect Billing Not applicable If the bill is raised for a higher amount, then the excess amount will be made to the respective payment instrument used by the customer. If the bill is raised for a lesser amount, the customer will be requested to make the required payment.

*Also if cancellation is done within 48 hours of purchase & service is not started yet, then full refund
*If cancellation within first 5 days & service is not started yet, then 75 % refund
*If cancellation within 7 days & service is not started yet, then 50 % refund
*Later no refund