SABAHAY, INC. — TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the non-medical care logistics, errand, delivery, and administrative assistance services provided by SABAHAY, Inc. (“SABAHAY,” “we,” “us,” or “our”) to the client named in the accompanying Client Service Request & Agreement (“Client,” “you,” or “your”). By signing the Agreement or accepting services, you agree to these Terms.
1. Scope of Non-Medical Services
SABAHAY provides strictly non-medical, operational, administrative, and logistical assistance. This includes, but is not limited to, grocery shopping, retail pickups, essential errand running, parcel delivery coordination, calendar organization, and acting as an administrative liaison.
2. Absolute Medical & Emergency Disclaimer
- No Medical Care: SABAHAY is not a home health agency, licensed medical provider, or caregiving entity. Our employees, independent contractors, and representatives do not provide clinical hands-on care, physical therapy, medical diagnosis, nursing care, treatment, or medication administration.
- No Emergency Response: SABAHAY services are not intended for emergency situations. If you experience a medical emergency, you must dial 911 immediately.
- No Insurance Guarantee: SABAHAY does not guarantee, represent, or promise that any services provided are eligible for reimbursement by public health programs, long-term care insurance, or private health insurers. Inquiries regarding coverage must be made directly to your provider.
3. Client Responsibilities & Safe Environment
- Accurate Information: You agree to provide true, accurate, and current information regarding delivery instructions, access codes, and service parameters.
- Safe Access: You must provide clear and safe access to your premises for any delivery, pickup, or scheduled home assessment.
- Prohibition of Medical Data: To protect your privacy, you agree not to share medical history, formal diagnoses, prescription drug lists, or health insurance policy identification numbers with our staff or record on our standard service intake forms.
4. Purchasing, Funding, and Spending Limits
- Spending Authorization: If you request shopping, procurement of supplies, or third-party purchases, you must establish an explicit spending limit on the accompanying request form.
- Funding Mechanism: SABAHAY may require funds to be advanced prior to executing a purchase. If an invoice-after-service model is agreed upon, you agree to fully reimburse SABAHAY for all verified out-of-pocket receipts along with our standard service fee.
- Unapproved Expenditures: SABAHAY will never make unapproved purchases outside your stated limit unless a direct health or property safety concern demands an immediate remedy, at which point we will make every good-faith effort to contact you or your emergency contact first.
5. Fees, Invoicing, and Payment
- Rates: Services are billed based on the fixed quote or itemized estimate outlined in Section 4 of your Client Agreement.
- Payment Terms: Payments are due either at the time of booking or immediately upon receipt of a final post-service invoice, depending on your selected arrangement.
- Late Payments: Past-due invoices may result in the temporary suspension of any upcoming or recurring logistical services until your account balance is settled in full.
6. Limitation of Liability & Indemnification
- Third-Party Vendors: SABAHAY may coordinate with, pick up items from, or introduce you to independent third-party vendors (such as grocery stores, pharmacies, or independent caregiver registries). We do not guarantee the quality, safety, or compliance of third-party products or services.
- Liability Cap: To the maximum extent permitted by California law, SABAHAY’s aggregate liability arising out of or related to this agreement shall not exceed the total fees paid by you to SABAHAY for the specific service out of which the liability arose.
7. Governing Law
These Terms and the accompanying Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal actions or proceedings arising under this agreement shall be brought exclusively in the courts located in Santa Clara County, California.