Terms and Conditions
1. Truepal facilities connecting individuals who are interested in providing companionship (hereinafter referred as “Pal”) for providing essential support and comfort to elderly (hereinafter referred as “Customer, client, you, your”) along with provisioning of other such essential support and comfort requested by the elderly under its brand name Truepal (“we, us, our”). This gamut of offerings by TruePal hereinafter is referred as “Service(s)” 2. If you choose to use the Services or are accepting these terms and conditions on behalf of a Customer who will be availing the said Services, then please read these terms and conditions (“Terms and Conditions”) carefully before accepting/availing the same. By using the Services or accepting these terms and conditions, you signify your agreement to these terms and conditions and are deemed to be bound by any decisions made by Truepal, in its sole discretion, including any interpretations of the Terms and Conditions. In case you are accepting the terms and conditions on behalf of a Customer who will be availing the said Services then you shall ensure to bind the said Customer by these Terms & Conditions and your acceptance of these Terms & Conditions shall be deemed to be an acceptance by the Customer as well. The Services are not provided for soliciting business and the same may be availed at your sole discretion and you may choose not to use the said Services. 3. Truepal may in its sole discretion, amend the Terms and Conditions, from time to time. The amended terms may be notified under the section of terms and conditions and it will be deemed to be accepted by you unless you have raised an objection within 72 hrs of the posting of the same on the website. 4. The Terms and Conditions mentioned herein shall: (i) constitute a legal agreement between you and Truepal; (ii) be applicable with effect from the day on which these Terms and Conditions are accepted by you; and (iii) supersede all previous oral and written terms and conditions with respect to the said Services. 5. Truepal retains the right to withdraw, discontinue or terminate the Services without prior notice and without any liability whatsoever. 6. By using the Services, you acknowledge that, you: (i) have read and understood the Terms and Conditions; (ii) are not less than 18 years of age; (iii) have the right, authority and capacity to use the Services; (iv) agree to be legally bound by the Terms and Conditions; (v) authorize us to contact you through call, e-mail, post / courier, mobile or any other mode as deemed appropriate 7. The Terms and Conditions are specific to your use of the Services and/or any other services provided by any third party services provided on the Truepal platform/application. The Truepal platform/application may contain links to other websites, web-pages and services operated by third parties, and your use of each such website is also subject to the respective Terms and Conditions and other terms and guidelines provided (if any) by such websites. The linked sites are not under the control of Truepal and has not been reviewed/approved by Truepal. Truepal shall not be responsible for the content or omissions of any linked site or any links contained in a linked site. Truepal disclaims all responsibility for any inaccuracy, error, falsity, omission and/or non-compliance in any material appearing on any linked site. 8. Use of the Services: (i) The Services will include activities such as having conversations, games, hobbies, outings to provide companionship, emotional support or any other service which Truepal can provide to you as per your requirements. (ii) You shall not allow the Pal to handle important and sensitive communication with doctors/lawyers without supervision. (iii) You shall not use the Pal for any commercial purpose or hand over any cash or other valuable belongings to the Pal. (iv) You shall comply with all the applicable laws. (v) You shall not give any monetary reimbursement to the Pal for the Services extended. (vi) Pal(s) are not trained in giving personal care like bathing, grooming, preparing meals or other similar activities and are not qualified to provide medical advice or make any medical prescriptions. In no event shall Truepal be liable for any attempt by you to self-medicate or wrongly ordered medicines. Truepal is not responsible to verify the medicines that are delivered to you. You are advised to check the medicines ordered at the time of delivery by the pharmacy, including but not limited to, for the expiry date. (vii) Truepal is not a medical provider and does not offer medical or emergency services of any kind. In case of any medical emergency, you should not rely on Truepal or the Pal in any way and should contact your doctor or the nearest hospital. (viii) Truepal is not a security services or emergency services provider. In case of any security emergency, you should not rely on Truepal or the Pal and should contact the police and/or other relevant authorities. (ix) Truepal provides a technology platform for various services including but not limited to helping in connecting senior citizens with service providers and/or Pals, financial services or other third party services. 9. In the remote event of any loss caused to you by usage of the Services or caused due to the Pal, Truepal will not be held responsible in any which way. The Pal(s) are performing the Services in their individual capacity and Truepal shall not be responsible or liable for any of their acts or omissions. Please note that all the Pals undergo necessary background verification done by Truepal in our endeavor to facilitate best in class companionship services. 10. Third Party Services You acknowledge that Truepal shall be using third party vendors (“Service Provider(s)”) to provide you some of the Services. Truepal shall in no event be responsible/ liable for any actions of the Service Providers or any third party providing the Services. All advice by any of the Pal(s) shall be his/her personnel advice and shall not in any way be construed to mean advice from Truepal or our employees/ representative(s). 11. If you use the Services in violation of the Terms and Conditions, Truepal reserves the right to terminate the Services provided to you. We have taken all due care to ensure accurate description of the Service(s) on this website/application. However, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that service. 12. Intellectual Property Rights: (i) The trademarks, logos, slogans and service marks displayed on the platform or elsewhere under the name of Truepal, whether registered and unregistered, are proprietary to Truepal. Truepal does not grant any authority, right or license to use or display any trademarks, logos, slogans and service marks displayed on Truepal. Truepal reserves the right to seek appropriate legal remedy for any violation or breach of any intellectual property rights including but not limited to unauthorized use of any trademarks, logos, slogans, service marks and contents of Truepal. (ii) Copyright in the screens displayed during the use of Truepal and in the information and material contained therein and their arrangement, is owned by Truepal. 13. Privacy of the Information: (i) Jurisdictional Issues a. The Services provided and the Terms and Conditions shall exclusively be governed by the laws of India. b. We do not represent or warrant that the Services, are appropriate or available for use in any particular jurisdiction. We waive any claims that may arise under any jurisdiction other than India. (ii) Information Collection a. Truepal collects information in one or more ways as mentioned below: • Information you give us: Personal information required for availing the Service includes name, e-mail address, telephone number and any other personally identifiable information about you and third parties that you may choose to transmit through Truepal or our platform. This information is necessary to initiate as well as continually use the Services. If the information provided is wrong or has changed, you are required to update it as we may have to keep that information for legitimate business or legal purposes. • Information we get from your use of the Services: Visiting and using the Services may result in Truepal receiving performance and usage information such as the date and time of your visit, the kind of browser or device you use, default language setting, your IP address and the number of times you visit Truepal. This information however will not be used to personally identify you. • Information we get through sending one or more cookies or anonymous identifiers to your device: Cookies are small electronic text files that contain information that a website uses to store user preferences and settings. You have the option to reset your browser to control cookies; however, some of the features offered by Truepal may not function properly if cookies are refused/reset/deleted. The Terms and Conditions cover the use of cookies by Truepal only and does not cover the use of cookies by any third parties, if any. b. We do not request, solicit or intend to collect any personally identifiable information not mentioned hereinabove, and you should not disclose any such information in connection with the Services. c. If you submit any personal information of or relating to third parties to us or our third-party service providers in connection with the Services, you represent that you have the authority to do so. (iii) Use of information Any information that we collect from you may be used for a variety of purposes including but not limited to the following: • To provide the Services • To respond to your inquiries and fulfill your requests • To personalize your experience • To improve the Services • To improve our customer service • To process transactions requested by you • To send periodic emails that we believe may be of interest to you, unless you choose to opt out of it • To conduct statistical analysis, quality assessment, audits, developing new products, identifying usage trends and determining the effectiveness of our promotional campaigns. • To allow you to send invitations to other individuals, through or in connection with the Services • To comply with applicable laws and legal processes. • To respond to requests from public or government authorities • To enforce our terms and conditions • To protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others • To allow us to pursue available remedies or limit the damages that we may sustain (iv) Sharing of Information: a. Truepal does not collect any personally identifiable information unless voluntarily provided by you, and Truepal confirms that it shall not sell any of your personally identifiable information. b. Truepal reserves the right to exchange, share or provide the information relating to your personal details and information with its subsidiaries/affiliates, other Group Companies of Truepal or statutory bodies as maybe required. c. Truepal retains the right to share information with third parties for vendor service, business purposes, to assess Website traffic, patterns and other such purposes. d. Truepal also retains the right to share information to comply with applicable legal and regulatory processes, or to protect and defend the rights and interests of Truepal and its affiliates and/or other users or to enforce the terms and conditions which are binding on all users of Truepal and its platform. e. We will take reasonable efforts to ensure the confidentiality of any personally identifiable information. However, we do not guarantee the same and expressly disclaim all liabilities with respect to confidentiality of any information provided by you. f. Truepal may use third-party service providers that provide hosting, data storage and other services. Truepal may be unable to impose contractual obligations on them with respect to the measures they use to protect personal Information. Truepal shall not be responsible for the data security measures of any third parties. (v) Communication You consent to receive communications from us electronically. Truepal further retains its right to communicate through third party service providers. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address, mobile number, and other contact details regularly. If Truepal is desirous of sending a communication, it shall send it to communication addresses available on its records and it shall be deemed to have been received by you. (vi) Information Security We take reasonable precautions to protect Truepal and our users’ information from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. However, Truepal does not guarantee the security of the information shared by you for use of Truepal and disclaims all liability whatsoever with respect to such information. 14. Legal action: Truepal reserves the right to pursue legal action if: (i) you have violated the Terms and Conditions; (ii) you have violated any of the applicable laws by the use of the Services; (iii) it is required to be done in order to comply with any regulatory/statutory provision; (iv) Truepal has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; (v) Truepal believes, in its sole discretion, that your actions are contrary to the interests of the Truepal. 15. Disclaimer; The use of Truepal, its platform/ application or availing Services shall be at your sole risk. Truepal shall not be responsible for: (i) any personal injury or property damage, of any nature whatsoever, resulting from your use of the Services; (ii) any interruption or technical issue in the platform or the application provided by Truepal; (iii) any bugs, or the like, which may be transmitted to or through the platform or the application by any third party; (iv) your dissatisfaction or disappointment from the use of services. (v) the acts and omissions on part of the Pal. In no event shall Truepal, its officers, directors, employees, or agents be liable for any losses, expenses or consequential damages whatsoever resulting from your use of the Services. 16. Indemnity: You shall, indemnify, defend and hold harmless Truepal and its officers, directors, employees, representatives, agents, respective directors, and assigns from and against all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys’ fees), arising from or relating to your: (iii) breach of any of the Terms and Conditions; or (iv) breach of any Applicable Laws; or (v) violation of rights of any third party; or (vi) misrepresentation with respect to your age or citizenship. 17. Miscellaneous: (i) Any dispute, claim or controversy arising out of or relating to the Terms and Conditions, including the determination of the scope or applicability of the Terms and Conditions, or your use of the Services, shall be determined by the laws of India. (ii) The courts in Mumbai shall have exclusive jurisdiction. (iii) If any term is held unenforceable by law, the remaining Terms and Conditions shall continue to remain in force. (iv) No provision of these Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the authorized representative of Truepal. (v) The Terms and Conditions constitute the entire agreement between you and Truepal with respect to the use of the Services. 18. Cancellation and Refund Policy: (i) Should you decide to terminate your account, please notify us at least 15 days before the end of your term by sending email to [email protected]. Include your name and the phrase ‘Account Cancellation’ in the subject line of your email. (ii) If you cancel your account without utilizing any credits or services, a full refund will be issued. However, if credits or services have been utilized at the time of cancellation, the refund amount will be prorated accordingly. In certain special cases, we may choose to refund the entire amount, even if some credts have been used; such decisions will be made on a case-by-case basis. (iii) We retain the right to modify or terminate TruePal service(s) for any reason, without prior notice. (iv) Without limiting other remedies, TruePal reserves the right to suspend or terminate your account if fraudulent activity is suspected in connection with the services we provide. (v) All subscriptions, whether monthly, quarterly or yearly, automatically renew on their scheduled renewal date based on the purchase date, unless officially cancelled in writing. (vi) customers will receive an email confirmation from TruePal once their subscription to the service(s) has been cancelled. 19. 7-Day No Obligation Cancellation – 100% Money Back Guarantee (i) TruePal extends a 7-day no-obligation cancellation policy to all new subscribers. The no-obligation cancellation period begins immediately upon account activation and applies exclusively to new customers, excluding existing or former customers of TruePal. During the 7-day periods, potential subscribers can cancel their account at any time and will receive a full refund. (ii) Customers have the flexibility to upgrade or downgrade their subscription plan at any time by contacting [email protected]. The selected billing method will be automatically charged the new subscription rate in the next billing cycle. 20. Contact Information: If you have any questions or suggestions regarding our Terms and Conditions, please feel free to email us at [email protected]. We are also committed to address your queries and welcome suggestions, if any. Please feel free to write to us. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted to Truepal or otherwise disclosed, submitted or offered in connection with your use of the Service(s) shall be and remain the property of Truepal.
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