Terms & Conditions & Disclaimer Policy

Last Updated 05 April 2025

This contractual agreement (“Agreement”) establishes a binding legal relationship between you and Paloma Care (“we,” “us,” or “our”) governing your interaction with products, services, and software available through www.palomacare.in (“Website”). By accessing, registering, or utilizing the Website services in any capacity, you acknowledge and consent to these terms.

Rejection of these terms requires immediate discontinuation of Website use. Unauthorized access remains at your sole risk, with Paloma Care disclaiming responsibility for any resulting consequences.

We retain the right to modify these terms without prior notification by updating this page. Such modifications become effective immediately upon publication. Continued Website usage constitutes acceptance of revised terms. Certain provisions may be superseded by alternative notices published on the Website. Your access remains subject to the most current version of these terms.

1. Service Access

Website and Service access is provided on a provisional basis and may be altered or withdrawn without advance notice. We accept no responsibility for Website or Service unavailability. We may, at our discretion, restrict access to specific features or sections to registered users only.

When utilizing our Services, you commit to:

  • Refraining from copying, distributing, or modifying Services without express permission
  • Maintaining compliance with this Agreement at all times

Service access requires Member account creation. Through registration, you confirm that:

  • Your provided information is accurate and will be maintained as current
  • You meet age requirements (18+), possess legal capacity to enter contracts, and face no legal restrictions
  • You will adhere to applicable laws and this Agreement

We disclaim liability for issues arising from inaccurate information you provide. We reserve the right to remove your profile with 24-hour notice upon breach of these terms or our Privacy Policy.

Registration requires valid personal information. You consent to information sharing with third parties for service delivery or internal purposes.

Upon registration completion, you’ll receive login credentials. You must maintain credential confidentiality, log out after sessions, and report unauthorized access to support@palomacare.in. We may deactivate credentials upon violation detection.

You bear responsibility for Website access and ensuring compliance by all users accessing through your account. You remain fully accountable for all account activities. We disclaim liability for access issues stemming from network or connectivity problems.

Paloma Care reserves the right to deny or revoke access to new or existing users at any time without explanation. Suspended or banned users forfeit Service access privileges.

2. Membership & Registration

Website registration establishes membership, which:

  • Provides Website and service access
  • Allows us to communicate updates or service modifications
  • Requires adherence to these terms
  • Prohibits unauthorized use of Website-listed email addresses

By sharing contact information, you consent to:

  • Receiving service updates and legal notices via email or SMS (opt-out available through support@palomacare.in)
  • Communications regarding progress, services, or promotions
  • Notifications about feature changes and special offers (with opt-out options)

Additionally, you acknowledge that:

  • Consulting physicians (RMPs) will determine communication methods based on professional judgment
  • Health information accuracy is your responsibility and becomes part of medical records
  • Medical advice compliance falls under your responsibility, with non-compliance consequences being your liability
  • Emergency situations require in-person immediate care, not reliance on online services
  • RMP interactions must comply with applicable laws and agreements
  • Services may include real-time or delayed consultations, with new formats governed by these terms
  • Prescriptions may be shared with partner pharmacies for fulfillment upon your request and order

3. License Grant

Paloma Care extends a limited, non-transferable, non-exclusive license authorizing access and use of Services exclusively for permitted purposes—such as storing, utilizing, or sharing documents, files, schedules, or other data—under these terms.

4. Privacy and Personal Information

For understanding our personal data handling practices and privacy protection measures, please review Paloma Care’s Privacy Policy, which outlines data management practices during Service utilization.

5. Material Upload to Service

When utilizing Service features permitting content uploads or user interactions, you must comply with relevant data protection laws and content standards outlined below. These standards apply to both individual components and complete submissions. Factual statements must be accurate, opinions genuinely held, content must comply with originating country laws, and remain relevant to Service use or post context.

6. Service Use Restrictions

Specific prohibited actions exist. Violation may result in immediate Service access suspension or termination, along with pursuit of available legal remedies.

7. Paloma Care’s Reserved Rights

  • We may disclose your identity to third parties demonstrating privacy or intellectual property rights infringement by your uploaded content
  • We disclaim responsibility for content accuracy posted by you or other Users
  • We may suspend access and remove content violating these Terms, the Agreement, or Privacy Policy
  • We may investigate and pursue legal action for violations, including law enforcement engagement when necessary
  • While not obligated, we may monitor Website activity to ensure Terms compliance or meet legal requirements
  • We may access, store, and share data when necessary to:
    • Fulfill legal obligations
    • Enforce these Terms
    • Prevent fraud or security issues
    • Provide support
    • Protect rights and safety of Paloma Care and others
  • We may update Service pricing with 30-day notice posted on the Website
  • We disclaim liability for changes, pricing adjustments, or Service discontinuation

8. Disclaimers

Communications, transactions, or promotion participation with advertisers found through Services—including payments or product deliveries—constitute private arrangements between you and the advertiser/vendor. Paloma Care disclaims liability for losses or damages from such interactions or from advertiser/vendor presence on Services, unless explicitly stated otherwise.

Services may contain third-party website or resource links. Having no control over external sites or resources, you acknowledge that Paloma Care bears no responsibility for their availability and does not endorse or assume responsibility for content, advertising, products, or materials available through these sources. Additionally, we disclaim responsibility for damages or losses—direct or indirect—arising from using or relying on content, goods, or services from third-party sites.

You acknowledge Website and Service use occurs at your sole risk. You accept that, to the fullest extent legally permitted, Website and Services are provided “as is” and “as available” without warranties—express or implied—including merchantability, fitness for specific purpose, title, non-infringement, or warranties from prior dealings or trade usage. While Paloma Care strives for uninterrupted Services, we cannot guarantee:

  • Services meeting personal expectations
  • Uninterrupted, timely, secure, or error-free Services
  • Reliable or accurate results from Service use
  • Products, services, or materials obtained through Services meeting your standards
  • Error or defect correction

If experiencing pain or significant discomfort during physical activity, discontinue immediately and consult healthcare professionals before resuming. We reserve the right to deny Service access at our discretion, particularly when believing a user’s medical condition presents risk.

All Website content—text, images, audio, video, illustrations, and visuals—serves informational purposes only and should not be interpreted as professional medical advice, diagnosis, or treatment. Always consult licensed medical professionals for personal health questions or conditions. Never ignore or delay seeking medical advice based on Website content. Content reliance remains at your risk.

Furthermore, Website information regarding medications, dietary supplements, or related products has not undergone review or approval by regulatory authorities, including India’s Drug Controller.

9. Content License From You

Certain Service sections enable Users to upload news, opinions, feedback, inquiries, data, files, images, and other materials (“User Content”). You accept full responsibility for all User Content you upload, publish, exhibit, link to, or otherwise make accessible (“Post”) on the Website. You acknowledge Paloma Care functions solely as a passive platform for online distribution and publication of your User Content. Except as stated in this Agreement, our Privacy Policy, or as legally required, Paloma Care will not review, share, or reference such User Content.

By Posting User Content, you explicitly grant—and confirm legal authority to grant—Paloma Care a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sub-licensable license. This license permits Paloma Care to use, copy, alter, publish, display, list, edit, translate, distribute, publicly perform, publicly display, and create derivative works from such User Content. It includes using your name, voice, and/or likeness as presented in User Content, wholly or partially, in any form, medium, or technology—existing now or developed later—for Service-related use.

Additionally, you grant each Service User a non-exclusive license to view and access your User Content through Services, permitting use, copying, distribution, display, and performance of your content, consistent with Website functionality and Agreement terms.

You understand that, in delivering Services to users, Paloma Care may:

  • Transmit or distribute User Content across public networks and through various media channels
  • Modify Content as needed to meet technical standards and requirements of networks, devices, services, or media formats

You acknowledge this license provides Paloma Care necessary rights for these actions.

You bear sole accountability for participation in online discussion platforms provided as Service components (“Community Participation”), including responses to blog entries, bulletin boards, and public discussions. By submitting Community Participation material, you: (a) affirm to Paloma Care your ownership or right to display or share each submission component, and that content does not violate any individual’s or organization’s legal rights or interests; and (b) grant Paloma Care perpetual, irrevocable, royalty-free license to utilize submissions wholly or partially for any commercial purpose, including promotional, marketing, or training uses.

You further confirm and guarantee to Paloma Care your possession of all necessary rights, authority, and legal power to grant these licenses.

10. Billing and Payment

Certain Service features may require fee or charge payment. By accessing any paid Service portion, you agree to comply with applicable sales terms, pricing structure, and payment and billing policies. Paloma Care reserves the right to introduce new charged services or revise existing service pricing at any time.

You must promptly provide accurate, updated billing and contact details, including email address, phone number, credit card information, or other payment information changes. Paloma Care does not verify credit card information validity as required by payment providers for transaction completion.

You must report billing discrepancies or issues within 30 days from first appearance on account statements. Failure to notify within this period constitutes forfeiture of dispute rights regarding such discrepancies or billing errors.

You remain fully responsible for Account information accuracy and resulting charges. Paloma Care disclaims liability for payments made to incorrect credit cards or invalid bill payment numbers based on provided information.

If bank account debits or card charges occur without successful orders due to payment gateway failures or transaction errors, corresponding amounts will be refunded within 72 working hours from transaction time. Contact customer support at support@palomacare.in to report such issues. All refunds process through original payment methods. However, Paloma Care disclaims liability, including refund responsibility, for errors resulting from bank or credit card provider network or system malfunctions or failures.

For erroneous payments deposited into credit card or bank accounts, Paloma Care reserves the right to request automatic refund processing from your bank. By accepting these terms, you consent to bank-initiated refunds at Paloma Care’s request to rectify inaccurate transactions, excess credits, or duplicate payments. Following transaction reversal, Paloma Care will notify you of the refund and provide corrective action details.

Note that purchased Website service refunds remain discretionary, not obligatory.

11. Indemnity and Liability Limitation

You agree to defend, indemnify, and hold harmless Paloma Care, including directors, officers, employees, and agents, against claims, damages, liabilities, losses, obligations, costs, or expenses (including reasonable legal fees) arising from: (i) Website and Service use or access; (ii) Agreement term breaches; (iii) third-party rights infringements, including intellectual property, proprietary, or privacy rights; or (iv) claims that your User Content caused third-party damage.

This defense and indemnification obligation continues beyond Agreement termination and Website and Service use cessation.

All Website materials and content are provided without accuracy guarantees, conditions, or warranties. To the fullest extent legally permitted, Paloma Care, subsidiaries, affiliates, and associated third parties expressly disclaim:

  • Warranties, conditions, or terms implied by law, whether through statute, common law, or equitable principles
  • Responsibility for direct, indirect, or consequential losses or damages suffered by users in connection with Website or Services, or resulting from Website or Service use, inability to use, or use consequences, including linked website use or posted content. This includes but isn’t limited to:
    • Income or revenue loss
    • Business opportunity loss
    • Profit or contractual agreement loss
    • Expected savings loss
    • Data loss or corruption
    • Reputation or goodwill loss
    • Management or administrative time waste
    • Other damage or loss forms, regardless of nature or cause, whether in tort (including negligence), contract, or otherwise, even if foreseeable or possibility advised

Under no circumstances will Paloma Care’s liability exceed total amounts paid by you (if any) at registration time for Website Services.

12. Offenses

You must not exploit or abuse our Website by deliberately introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware, or other software, programming routines, codes, files, or similar malicious tools that damage technology, interfere with other user rights and interests, or introduce anything impairing or restricting computer software, hardware, or telecommunication system performance or operation.

Additionally, unauthorized access attempts to our Website, hosting server, or any associated server, computer, or database are prohibited. Activities such as denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against our Website are strictly forbidden.

Such obligation breaches constitute criminal offenses under the Information Technology Act, 2000 and amendments. We reserve the right to report violations to appropriate legal authorities with full cooperation, including identity disclosure. Upon breach occurrence, Website use rights terminate immediately without notice.

We disclaim responsibility for losses or damages caused by distributed denial-of-service attacks, malware, or harmful technological components infecting computers, software, data, or proprietary materials resulting from Website use or content downloads from our site or linked sites.

13. Website Linking

Homepage linking is permitted provided it occurs fairly, lawfully, and neither harms our reputation nor exploits it. However, links suggesting association, endorsement, or approval without explicit agreement are prohibited. Linking from websites not owned or controlled by you is forbidden.

Website embedding using framing techniques and linking to pages other than the homepage are prohibited. We retain the right to revoke linking permission without prior notice. Linking websites must fully comply with content standards and requirements outlined in these Terms and Conditions.

Third-party websites linked from our Website operate beyond Paloma Care’s control, and we disclaim responsibility for their contents, including content of links within those sites and modifications or updates. We also disclaim responsibility for transmissions, data, or communications received from linked websites.

Website links serve convenience purposes only, and their presence does not imply endorsement or association between us and third-party websites, operators, or owners. Independent verification of all content and information before reliance is encouraged.

For Website content or material use beyond granted permissions, direct requests to: support@palomacare.in

14. Mobile App Additional Terms

You receive a restricted, non-transferable license for Mobile App, Desktop App, Services, and related Data access and use solely for enabling yourself or other users to utilize the Website, App, and Services through third-party platforms or software. Mobile App or Desktop App use is governed by this agreement and additional terms outlined below.

15. Security

We have implemented commercially reasonable technical and organizational safeguards designed to protect personal data and User Content from accidental loss and unauthorized access, use, modification, or disclosure. Nevertheless, we cannot guarantee unauthorized third parties will never bypass safeguards or misuse information and User Content. By using Services, you acknowledge providing personal information at your own risk.

16. Intellectual Property Ownership Including Trademarks/Service Marks

We retain all rights, titles, and interests associated with “PalomaCare.in” or “Paloma Care” name usage, including text, visuals, interfaces, user interfaces, computer code, and related material.

All rights, titles, and interests in Services—excluding your Content—belong solely and exclusively to Paloma Care and licensors. Website or content use, wholly or partially, beyond personal, non-commercial purposes requires explicit Paloma Care permission.

Unless explicitly permitted under these Terms of Use, no Paloma Care component—including content, trademarks, data, statistics, or independently conducted research—may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed by any means to another server, computer, website, or platform for commercial use without prior written approval.

By accepting these Terms, you acknowledge that Paloma Care retains full Website ownership. Nothing in this agreement transfers intellectual property or related rights to you. Paloma Care maintains complete ownership, rights, and interests in the Website and associated intellectual property. Redistribution, sale, decompilation, reverse-engineering, disassembly, or Website alteration contravening these Terms is prohibited.

Unauthorized Paloma Care material use without express written consent constitutes agreement violation, requiring indemnification for all related damages and expenses.

17. Governing Law

Karnataka, India courts maintain exclusive jurisdiction over disputes arising from Website or Service use. However, Paloma Care reserves the right to initiate legal proceedings for Term violations in your residence country, Service use country, or other applicable jurisdictions. These Terms and Service use are governed by Indian law.

Paloma Care disclaims responsibility for non-compliance with legal requirements outside India. Website or feature accessibility in other countries does not imply governance acceptance under that country’s laws.

18. Relationship Between Website and Legal Name

The website www.palomacare.in and mobile application Paloma Care operate under Ruchi Kapoor ownership and registration. Website and affiliated link access and use remain subject to Terms of Use and Privacy Policy outlined herein.