Paloma Health And Wellness Private Limited

By using the Platform, you represent and warrant that:

You are 18 years of age or older and that your use of the Platform will not violate any applicable law or regulation; and

All information provided on the Platform by you is true, factual and accurate and you agree to maintain the accuracy of such information.

1. SUBSCRIPTION

Paloma App is free to connect for you with healthcare service providers. You can be a free user by logging in to the Paloma portal or the app to find your preferred healthcare organization and request appointments, connect by chat and also share and establish a two-way communication. Users also have an option of paid subscription to avail services including data storage with Paloma. The features available with such subscription service can be found on our portal for your view.

2. PAYMENT

You can use Paloma nominated payment gateway such as PhonePe, Google Pay, Amazon Pay and Cashfree for payments of to your healthcare organisations Paloma can charge an additional admin fee set by the payment gateway provider. It is to be clarified that Paloma does not hold card details. It is to be noted that Paloma does not set any value on the products and services provided on the Platform. The value of products and services will be as mutually agreed between you and Healthcare Professionals.

3. MODIFICATIONS TO SERVICES AND DATA

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as Paloma has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.

4. USER CONTENT

You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("User Content") that you upload, transmit, post, publish or display ("Post") on the Platform or email or otherwise transmit or use via the Services, including content shared through use of the various third party trackers either built in your phone/device or which pair up with your phone/device. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyze any data or information resulting from use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of Paloma, restricts or inhibits any other person from using or enjoying the Services, or which may expose Paloma or its users to any harm or liability of any type. You acknowledge that Paloma has the right to remove such User Content, at its sole discretion and without prior notice to you.

You will not use the Services in any way that is unlawful or harms Paloma, its directors, employees, affiliates, distributors, partners, Service Providers and/or any other user of the Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of the Services.

We welcome your comments, questions, suggestions and feedback about the Platform or the Services ("Submissions"). But be aware that any comments or suggestions you make to Paloma are non-confidential and become the property of Paloma, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You agree that you are the owner of the copyright in the User Content that you post on the Platform and transmit via the Services. You agree to grant Paloma a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.

You agree that Paloma has the authority and sole discretion to remove or take-down User Content that you post on the Platform.

5. SERVICES CONTENT

The Services may contain content and information such as data, text, audio, video, images ("Services Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by Paloma. A worldwide royalty-free license is granted to you by Paloma to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent. It is to be noted that the Service Provider will be solely responsible for service content provided on the Platform by them. It is to be noted that Service Provider will be responsible for the content provided by them on the Platform. Paloma does not hold any responsibility for any promotional content or health information provided by Service Providers on the Platform.

You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the license granted to you by Paloma under these Terms. The technology and software underlying the Services is the property of Paloma, our affiliates and our partners (the "Software"). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

Paloma names and logos are trademarks and service marks which are proprietary to and are owned by Paloma(collectively the "Paloma Trademarks"). Other company products, brand names and logos used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Paloma. You will not, in any manner, register or attempt to register use any of the Paloma Trademarks or any third-party trademark or proprietary material unless expressly authorized by Paloma and/or the relevant third party which is the proprietor of the brand.

All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by Paloma in the Platform and Services, including copyright in such works, belongs exclusively to Paloma. Through your use of the Platform and Services, shall not be construed to mean that any license or assignment impliedly or expressly is granted by Paloma to you in respect to such works.

By using the Services, you represent that you gave consent to obtain an opinion, medical advice, or diagnosis or treatment of any particular condition from physician, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of accessing or using the Service. The provision of the Services does not create a licensed medical professional/patient relationship, between you and Paloma.

You understand and agree that the quality of any services, information, or other form of services obtained by you through the Website may not meet your expectations. Paloma will not be liable for any lacuna in Services provided on this Website. You need to directly contact your Healthcare Service Provider for any kind of discrepancy in the service.

All Healthcare Professionals are available publically in Paloma portal to provide services independently. Paloma does not have any control over the services provided through platform. further, Paloma does not have any validations, and it is your responsibility to check who the service providers are before connecting, ordering, taking prescriptions from them.

In the community section of the website, Paloma will do its best to validate the professionals’ qualifications, certificates by verifying with national health authority. you should verify who you are consulting and Paloma cannot be held responsible for any violations or mistreatment or misdiagnosis and care. You should report to Paloma of any mismatching information in our website and about the health care professional for Paloma to take action.

Paloma will take resonable steps to verify registration information of the service providers including name, contact details, qualifications by referring to certificates resgistrations by referrring to regulatory body and profile picures by their id proofs such as driving license or passports. Paloma does not take any responsibility on verifications of the information of the service providers. some international service providers may not have licence to practice in india. You make your own judgement to consult such service providers based on their international experience to consult, Paloma cannot be held responsible for the same. Your refunds are not controlled by Paloma. Paloma urges all users to check the healthcare professional with the registration bodies, qualifications and to make a payment only after satisfaction.

Paloma exempts itself from all and any liability arising out of the user content on the platform or via the services that violates any applicable laws, or the rights of any third party.

Paloma does not, refer, endorse, verify, evaluate or guarantee any advice, information, exercise, diet, institution, product, opinion or other information or services provided through the services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any healthcare professional. Paloma does not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by any healthcare professional or any advice provided. Paloma will not be liable for any damages sustained due to reliance by the user on such information or advice provided by any healthcare professional. notwithstanding the above, the aggregate monetary liability of Paloma for any losses, harm or injury that may occur due to use of the services, will be limited to the amount of subscription fees paid by you for the services.

Any claim or action whatsoever resulting from the use of services offered by any healthcare professional shall be made only against the healthcare professional and you agree that Paloma shall not be held liable in any manner whatsoever.

Notwithstanding the above, Paloma assumes no responsibility or liability in regard to the quality or cost of the products sold, adverstised, delivered by a pharmacy available on Paloma. Paloma also assumes no responsibility or liability in regard to the quality of services, cost or efficiency of the services provided by any lab, healthcare professional or healthcare organisation. users or subscribers agree not to initiate any action or claim against Paloma with respect to the above.

6. THIRD PARTY CONTENT

The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Paloma has no control over such sites and resources and Paloma is not responsible for and does not endorse such sites and resources. Paloma will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Your use of the third-party resources, including third party websites, is subject to the terms of use of the respective third party and Paloma is not responsible for your use of any third-party resources.

Paloma does not endorse and will not be liable for any content posted by third parties. You must evaluate the accuracy and usefulness of such third-party content. Paloma not pre-screen content, but Paloma and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Paloma to be unlawful and / or inappropriate. Your use of such third-party content is subject to the terms of use of the respective third party and Paloma is not responsible for your use of such third-party content.

7. THIRD PARTY SERVICES

The Services be offered to you (i) as a result of you purchasing or availing of certain third-party services, and / or (ii) bundled with certain third-party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and Paloma will in no manner be liable to any losses you may incur as a result of you using such third-party products or services. Their Terms will not apply to your use of such third-party products / services.

8. INTERMEDIARY

In respect of the User Content and Third-Party Content uploaded / transmitted via the Services, Paloma is a publisher of such information posted by you and would be an ‘intermediary’ as per the Information Technology Act, 2000 and the rules framed thereunder. Accordingly, Paloma hereby notifies you that Users shall strictly not be allowed to host, display, upload, modify, publish, transmit, store, update or share any information that :

1. belongs to another person and to which the User does not have any right;
2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
3. is harmful to child;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. impersonates another person;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

As an intermediary, Paloma has also appointed Dr. S. Savithri as a Grievance Officer and his contact details have been herein, by which a User or a victim may make complaint against a violation of the provisions of the Information Technology (Intermediary Guidelines and Media Ethics Code) Rules, 2021 or any other matters pertaining to the Services made available by Paloma.

Grievance Officer: Dr. S. Savithri

emails : enquiries@palomahealthand wellness.com

9. REPEAT INFRINGER POLICY/ PROGRAM TERMINATION POLICY

Notwithstanding anything else in these Terms, Paloma reserves the rights to terminate your subscription to our plans or services if any of the following are observed (Note: This is not an exhaustive list but only indicative. Paloma reserves the right to terminate your subscription at any time as per these Terms):

Misconduct of any kind-

Insulting the Healthcare Professionals or staff of Paloma by rude behaviour,

Derogatory and or uncomfortable communication,

Unprofessional and inappropriate communication and/or expectations from Healthcare Professional or staff of Paloma,

Giving sexual remarks on the Healthcare Professional or staff of Paloma,

Sharing of inappropriate content with the Healthcare Professional or staff of Paloma.

Providing negative or inappropriate feedbacks to Healthcare Professionals and in social media to Paloma or staff of Paloma.

Paloma may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of Trust and/or applicable laws and/or these Terms and/or unethical behaviour in the sole discretion of Paloma, whether or not there is any repeat infringement or violation.

10. POLICY

ALL INFORMATION PROVIDED ON Paloma SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Paloma SERVICES, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Paloma IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND RELIANCE ON ANY INFORMATION PROVIDED BY Paloma SERVICES IS SOLELY AT YOUR OWN RISK.

It is to be clarified that all your Paloma support chats, emails, calls are recorded and monitored for quality and training purposes.

Paloma and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of Paloma or any advice, tips, recommendations, suggestions etc. that of your Healthcare Professional and/or any person associated with Paloma. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against Paloma and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the features of Paloma and/or any advice, tips, recommendations, suggestions etc. given to you by any of our Healthcare Professional and/or any persons associated with Paloma.

11. WE NEED COMPLETE INFORMATION

Paloma can only advise you based on what you've described. Please ensure that you share accurate and complete information.

12. QUALITY ASSURANCE

You understand that information collected through your use of the Services may be reviewed by Paloma for quality assurance. The records of the Paloma Quality Assurance Team are subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.

13. INDEMNITY

You agree to defend, indemnify and hold Paloma (including its affiliates, its directors, employees and officers) harmless from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys' fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to your violation of these Terms of use of the Platform and / or Services.