Terms of UseTerms of Use

The FamCare mobile application is owned, developed, and operated by FamCare Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Sabari Complex, National Plaza, 24, Field Marshal Cariappa Rd, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka 560025 (hereinafter referred to as “FamCare”, “Company”, “we”, “our”, or “us”). Through the Platform, families can access verified babysitting and childcare services while prioritising safety, trust, and convenience.

These Terms of Use (“Terms”) constitute a legally binding agreement between you and FamCare governing your access to and use of the Platform, including all features, services, and content made available therethrough. By downloading, installing, registering with, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, to the extent applicable. These Terms are issued in accordance with the Information Technology Act, 2000 (“IT Act”), the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Intermediary Rules”), the Consumer Protection Act, 2019, the Digital Personal Data Protection Act, 2023 (“DPDP Act”), and other applicable Indian laws. If you do not agree to these Terms, you must discontinue use of the Platform immediately.

Scope

These Terms apply to all individuals who access or use the Platform, including Users (parents, guardians, or family members seeking caregiving services), Caregivers (babysitters and childcare professionals registered on the Platform), website visitors, and any other individuals who interact with the Platform in any capacity.

These Terms are intended to be read together with our Privacy Policy, consent notices, caregiver-specific agreements, service-specific notices, and any supplementary notices or policies that may be issued by FamCare from time to time. In the event of any inconsistency, these Terms shall prevail unless a supplementary document issued by FamCare expressly and specifically states that it is intended to override a particular provision of these Terms.

ii. Definitions

For the purposes of these Terms, the following expressions shall have the meanings ascribed to them below:

• “Account” means the registered profile created by a User or Caregiver to access and use the Platform and its services.
• “Applicable Law” means all statutes, rules, regulations, notifications, directions, guidelines, judicial orders, governmental directives, and other legally binding requirements applicable to FamCare and Users, including the IT Act, IT Intermediary Rules, DPDP Act, Consumer Protection Act, 2019, and all other applicable Indian laws.
• “Caregiver” means any individual registered on the Platform as a nanny, babysitter, companion, childcare provider, elder care provider, or other care professional offering services to Users. For clarity, the term babysitter is included within Caregiver.
• “Child” means a person who has not completed eighteen (18) years of age.
• “Content” means any text, photographs, videos, audio, documents, reviews, ratings, messages, information, or other material uploaded, submitted, or transmitted through the Platform by Users, Caregivers, or FamCare.
• “Confidential Information” means any non-public information relating to FamCare, the Platform, Users, Caregivers, Children, business operations, pricing, software, security measures, communications, personal data, or any information designated or reasonably understood to be confidential, whether disclosed in oral, written, electronic, visual, or any other form.
• “Platform” means the FamCare mobile application, website, and associated digital services.
• “Service Fee” means the fee charged by FamCare for facilitating access to caregiving services through the Platform, as may be determined and revised by FamCare from time to time.
• “Session” means a discrete, time-bound caregiving engagement booked through the Platform between a User and a Caregiver.
• “User” means any individual, parent, guardian, family member, or authorised representative who accesses, registers with, or uses the Platform to request, manage, or receive caregiving services.
• “Verified Caregiver” means a Caregiver who has successfully completed such identity verification, background checks, police verification, training assessments, reference checks, or other screening requirements as may be prescribed by FamCare from time to time. Verification does not constitute a guarantee of future conduct, suitability, or performance.

iii. Eligibility and Registration

3.1 Eligibility: To access and use the Platform, you must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into binding contracts under applicable Indian law; (c) not be a person who has previously been suspended or removed from the Platform by FamCare; and (d) comply fully with these Terms and all Applicable Laws.

3.2 Account Registration: You must create an Account to access most features of the Platform. During registration, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your Account credentials; and (d) notify FamCare immediately upon becoming aware of any unauthorised access to or use of your Account.

3.3 Account Responsibility: You are solely responsible for all activities that occur under your Account. FamCare shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account credentials or from unauthorised use of your Account. You may not transfer, assign, or share your Account with any third party without FamCare’s prior written consent.

3.4 Minors and Children: The Platform is not intended for use by persons under the age of eighteen (18) years. Parents and guardians may use the Platform on behalf of their minor children for the purpose of availing childcare services. FamCare shall not knowingly permit minors to register independently as Users or Caregivers.

3.5 Electronic Acceptance and Binding Agreement: By clicking “I Agree”, “Accept”, “Register”, “Continue”, or any similar electronic confirmation, downloading, installing, accessing, or otherwise using the Platform, you acknowledge and agree that such electronic acceptance constitutes your legally valid and binding consent to these Terms, the Privacy Policy, and other applicable policies of FamCare. Such electronic records and electronic acceptance shall have the same legal effect as physical signatures in accordance with the Information Technology Act, 2000, including Sections 4, 5 and 10A thereof, and other Applicable Laws.

3.6 Age Verification: FamCare may require Users to provide documentary proof of age, identity, or legal capacity at any time for verification purposes. Failure to provide satisfactory verification may result in refusal of registration, suspension, or termination of the Account.

3.7 Duplicate Accounts: Users shall not create, maintain, or operate multiple Accounts, impersonate another individual, or create Accounts using false, misleading, or fictitious information. FamCare may suspend or permanently terminate duplicate or fraudulent Accounts without prior notice.

3.8 OTP and Authentication Security: Where login or verification is facilitated through one-time passwords (OTP), authentication codes, or similar credentials, Users shall maintain their confidentiality and shall not disclose such credentials to any third party. Users remain responsible for all activities conducted using successfully authenticated credentials.

3.9 Account Recovery: FamCare may require additional identity verification, documentation, or authentication before restoring access to an Account where unauthorised access, fraud, security concerns, or ownership disputes are suspected.

iv. Nature of the Platform and Services

4.1 Facilitation Platform: FamCare operates as a technology-enabled platform that facilitates the discovery, booking, and management of childcare and babysitting services. FamCare connects Users with independent Caregivers and provides associated tools including scheduling, real-time GPS session tracking, payment processing, and safety features.

4.2 No Employment Relationship: Caregivers registered on the Platform are independent service providers and are not employees, agents, joint venture partners, or contractors of FamCare. FamCare does not employ, supervise, direct, or control Caregivers in the performance of their caregiving services. The relationship between a User and a Caregiver is an independent engagement, and FamCare is not a party to that caregiving relationship.

4.3 Intermediary Status: FamCare operates solely as a technology-enabled intermediary platform facilitating the discovery, booking, communication, payment processing, and management of caregiving services between independent Users and independent Caregivers. FamCare does not itself provide childcare or caregiving services. Any verification, screening, or trust and safety measures undertaken by FamCare are ancillary to its intermediary function and do not constitute FamCare’s assumption of control, supervision, or liability over the caregiving services provided by Caregivers. FamCare shall be entitled to all protections, exemptions, and safe harbour available to intermediaries under Section 79 of the Information Technology Act, 2000 and other Applicable Laws, subject to compliance with applicable statutory obligations.

4.4 No Guarantee of Availability: FamCare does not guarantee the continuous availability of any specific Caregiver, the successful completion of any booking, or uninterrupted access to the Platform. Service availability is subject to the location, preferences, and availability of registered Caregivers at the relevant time.

4.5 Verification Disclaimer: While FamCare conducts background checks, identity verification, police verification, and other screening procedures in respect of Caregivers, such verification measures are not exhaustive and do not constitute a guarantee of suitability, conduct, character, competence, or future performance. Users acknowledge that they shall not rely solely on FamCare verification and shall independently exercise their own judgment and take all reasonable precautions, including the mandatory QR code-based identity verification of the assigned Caregiver immediately before the commencement of each Session, before permitting any Caregiver to enter the premises or provide caregiving services. FamCare shall not be liable for any loss or damage arising from a Caregiver’s acts, omissions, or conduct notwithstanding the completion of any verification process.

v. User Obligations

5.1 General Obligations: By using the Platform, you agree to:

• (a) use the Platform only for lawful purposes and in accordance with these Terms and Applicable Law;
• (b) provide accurate, truthful, and complete information during registration and throughout your use of the Platform;
• (c) treat all Caregivers with dignity, respect, and professionalism;
• (d) ensure that your premises are safe, secure, and appropriate for the conduct of caregiving services;
• (e) disclose all material information regarding the Child’s health, developmental needs, allergies, medical conditions, and any special care requirements to the assigned Caregiver prior to commencement of the Session;
• (f) maintain accurate emergency contact information on the Platform; and
• (g) comply with all payment obligations in respect of confirmed bookings.

5.2 Prohibited Conduct: You shall not:

• (a) use the Platform to engage in any unlawful, fraudulent, abusive, harassing, threatening, defamatory, or harmful activity;
• (b) attempt to circumvent the Platform by engaging a Caregiver outside the Platform for the purpose of avoiding service fees, whether during or for a period of twelve (12) months following termination or deactivation of your Account;
• (c) upload or transmit any content that is false, misleading, defamatory, obscene, sexually explicit, harmful to minors, or in violation of any law;
• (d) attempt to gain unauthorised access to any part of the Platform or any system or network connected to it;
• (e) use any automated tool, bot, scraper, or similar technology to access or extract data from the Platform without FamCare’s express written consent;
• (f) impersonate any person or entity or misrepresent your affiliation with any person or entity; or
• (g) engage in any conduct that may damage the reputation, operations, or interests of FamCare or any Caregiver or User.
• (h) Before permitting the assigned Caregiver to enter the premises or commence any caregiving Session, the User shall verify the identity of the Caregiver by scanning the QR code displayed on the Caregiver’s official FamCare identification card through the Platform and confirming that the name, photograph, identification number, and other details displayed on the Platform correspond with the individual present at the service location. The User shall not permit any individual to provide caregiving services unless such verification has been successfully completed. In the event of any mismatch, invalid QR code, expired identification card, suspected impersonation, or any other security concern, the User shall immediately deny access to the individual, refrain from commencing the Session, and promptly report the incident to FamCare through the Platform or the designated support channels. The User acknowledges that this QR code-based identity verification is a mandatory safety measure designed to reduce the risk of impersonation, fraud, and unauthorised access and agrees to comply with this requirement before the commencement of every Session.

5.3 Confidentiality and Non-Disclosure: While accessing or using the Platform or during any Session, you may obtain access to confidential or proprietary information relating to FamCare, the Platform, Users, Caregivers, Children, or other third parties, including personal information, contact details, addresses, schedules, operational procedures, pricing, business information, photographs, communications, and other confidential materials (“Confidential Information”). You shall keep all Confidential Information strictly confidential and shall not disclose, copy, publish, record, distribute, sell, exploit, or otherwise misuse such information except as strictly necessary for lawful use of the Platform or where required by Applicable Law. This obligation shall survive the termination or deactivation of your Account.

5.4 Fraud, Abuse and Platform Integrity: You shall not engage in any activity that compromises the integrity, security, reputation, or lawful operation of the Platform, including submitting false complaints, malicious reports, fraudulent payment disputes or chargebacks, false emergency alerts, fake reviews or ratings, identity fraud, account manipulation, impersonation, collusion with other users, or any attempt to circumvent Platform policies or Service Fees. FamCare reserves the right to investigate such conduct and suspend or terminate Accounts where appropriate, without prejudice to any legal remedies available under Applicable Law.

5.5 Cooperation During Investigations: Users shall cooperate with FamCare during any investigation relating to fraud, abuse, security incidents, complaints, child safety concerns, regulatory enquiries, or legal proceedings.

5.6 Platform Monitoring: FamCare may monitor Platform activity, communications, transactions, bookings, or usage patterns for fraud detection, security, quality assurance, child safety, regulatory compliance, and enforcement of these Terms.

vi. Bookings, Cancellations, and Payments

6.1 Booking Confirmation: A Session booking is confirmed only upon receipt of a confirmation notification from FamCare through the Platform. FamCare reserves the right to cancel or modify any confirmed booking in exceptional circumstances, including but not limited to Caregiver unavailability, safety concerns, or Platform operational issues. In the event of such cancellation by FamCare, Users shall be entitled to a refund of any fees paid for the cancelled Session, processed in accordance with FamCare’s refund policy, unless the cancellation is attributable to the User’s own conduct or breach of these Terms. FamCare shall not be liable for any consequential losses arising from such cancellation.

6.2 Cancellations: Cancellation of confirmed bookings shall be subject to FamCare’s cancellation and refund policy as published on the Platform from time to time. A User may cancel a confirmed Session without cancellation charges provided such cancellation is made at least four (4) hours before the scheduled commencement time of the Session. Cancellations made less than four (4) hours before the scheduled commencement time, or any failure by the User to be available at the commencement of the Session (“no-show”), may attract cancellation charges in accordance with the applicable policy. FamCare reserves the right to impose cancellation charges in accordance with the applicable policy. FamCare may modify the cancellation policy upon reasonable notice to Users.

6.2.1 Exceptional Circumstances: FamCare may review genuine medical emergencies or other exceptional situations on a case-by-case basis. Any refund or credit provided under such circumstances shall be at FamCare’s sole discretion.

6.3 Payments: All payments for caregiving services shall be made through the Platform using authorised payment methods. Cash payments directly to Caregivers outside the Platform are not permitted and may result in suspension of your Account. FamCare uses authorised third-party payment service providers to process transactions. Service Fees are displayed on the Platform and are subject to applicable taxes.

6.4 Refunds: Refund requests shall be governed by FamCare’s refund policy as published on the Platform. FamCare shall not be liable for any transaction fees or charges imposed by payment service providers or banks in connection with refund processing.

6.5 Taxes: Unless otherwise expressly indicated on the Platform at the time of booking, all fees displayed on the Platform are exclusive of applicable taxes. Users shall be responsible for payment of all applicable taxes, levies, duties, or governmental charges arising from their use of the Platform except where such taxes are expressly stated to be borne by FamCare under Applicable Law.

6.6 Waiting Charges: Where a Caregiver is required to wait beyond the scheduled commencement time due to User delay, additional waiting charges may apply in accordance with the Platform policies.

6.7 Session Extension: Any extension of a confirmed Session shall be processed through the Platform and shall be subject to additional fees as displayed at the time of extension.

6.8 Platform Commission: All bookings facilitated through the Platform include Platform Service Fees payable to FamCare. Any attempt to avoid such fees through direct off-platform arrangements constitutes a material breach of these Terms and shall entitle FamCare to recover the Service Fees that would have been payable, together with any costs of enforcement, without prejudice to any other remedies available under these Terms or Applicable Law.

6.9 Fraudulent Chargebacks: Fraudulent chargebacks, payment reversals, or payment disputes initiated in bad faith may result in suspension, recovery proceedings, legal action, and recovery of associated costs.

6.10 Third-Party Recruitment Agencies: FamCare may engage authorised third-party recruitment agencies, staffing partners, manpower agencies, placement consultants, or similar service providers to source, recruit, verify, onboard, train, or manage Caregivers. Where necessary, FamCare may collect, receive, use, disclose, or share Personal Data with such agencies solely for recruitment, identity verification, background verification, onboarding, training, compliance, and service-related purposes. All such agencies shall process Personal Data only on the documented instructions of FamCare, maintain appropriate confidentiality and security measures, comply with the Digital Personal Data Protection Act, 2023 and other applicable laws, and shall not use, retain, disclose, or process such Personal Data for any purpose other than the authorised purpose or as required by law.

vii. Safety Features and GPS Tracking

7.1 Live GPS Tracking: FamCare may process and use the live GPS location of Caregivers solely during active Sessions for the purposes of service delivery, caregiver navigation, session monitoring, emergency response, safety, fraud prevention, and dispute resolution. GPS tracking ceases upon the completion or termination of the active Session. FamCare does not undertake tracking, behavioural monitoring, or profiling of Children through the Platform.

7.2 SOS and Emergency Alerts: The Platform includes emergency safety features including SOS alerts, geo-fencing notifications, and in-app emergency contact mechanisms. Users and Caregivers are encouraged to utilise these features in safety-critical situations. FamCare is not an emergency services provider and does not guarantee emergency service response outcomes or response times. In the event of any emergency, Users and Caregivers must contact the relevant emergency services (police, ambulance, fire) directly. FamCare shall endeavour to facilitate an appropriate response but shall not be liable for any failure, delay, or inadequacy in emergency response.

7.3 In-App Communications: All communications between Users and Caregivers should be conducted through the Platform’s authorised communication channels. FamCare may retain in-app communication logs for safety verification, dispute resolution, and compliance purposes as described in the Privacy Policy.

7.4 Consent to Data Processing: Users acknowledge that use of the Platform requires the collection, processing, storage, sharing, retention, and disclosure of personal data as described in the Privacy Policy. Users shall provide specific, informed, and affirmative consent to such processing through the consent mechanisms provided on the Platform, in accordance with the Privacy Policy and Applicable Law, including the Digital Personal Data Protection Act, 2023.

viii. Content and Intellectual Property

8.1 User-Generated Content: By submitting, uploading, or transmitting any Content through the Platform, you grant FamCare a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sub-licensable licence to use, reproduce, process, adapt, and display such Content to the extent necessary for the operation, improvement, and promotion of the Platform, subject to applicable law. This licence shall survive termination or deactivation of your Account.

8.2 Content Standards: You represent and warrant that any Content you submit: (a) is accurate and not misleading; (b) does not infringe the intellectual property, privacy, or other rights of any third party; (c) complies with Applicable Law; and (d) does not contain any material that is harmful, defamatory, obscene, or inappropriate for a childcare platform.

8.3 FamCare Intellectual Property: All intellectual property in and to the Platform, including trade marks, logos, software, databases, user interfaces, designs, processes, and all other content created or owned by FamCare, is the exclusive property of FamCare Technologies Private Limited and is protected under applicable intellectual property laws. You shall not reproduce, distribute, reverse engineer, modify, create derivative works from, or otherwise exploit any FamCare intellectual property without express written authorisation.

8.4 Feedback: Any feedback, suggestions, or recommendations you submit to FamCare regarding the Platform shall be deemed non-confidential and FamCare shall be free to use, implement, and commercialise such feedback without any obligation to you.

8.5 Reviews and Ratings: Users may provide ratings, reviews, and feedback regarding Caregivers and Platform services. Such reviews shall be truthful, fair, lawful, and based on genuine experiences. FamCare reserves the right, but not the obligation, to moderate, edit, refuse, or remove any review or rating that is false, misleading, defamatory, abusive, discriminatory, fraudulent, unlawful, or otherwise inconsistent with these Terms or Applicable Law.

8.6 User Licence: FamCare grants Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Platform solely for its intended purpose.

8.7 Trademark Restrictions: Users shall not use FamCare’s trademarks, logos, branding, domain names, trade dress, or other proprietary identifiers without prior written permission.

8.8 Restricted Uses: Users shall not, without FamCare’s prior written consent, use any Platform content or data to train artificial intelligence or machine learning models, scrape, crawl, data mine, reverse engineer, or extract data from the Platform or its databases, or otherwise use the Platform or its content for any purpose other than as expressly permitted under these Terms.

8.9 Copyright Complaints: Provide IP complaint mechanism.

8.10 Notice and Takedown: FamCare may remove infringing or unlawful Content upon receipt of valid complaints or where required by Applicable Law.

ix. Limitation of Liability and Disclaimers

9.1 Platform Provided “As Is”: The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. FamCare does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. To the fullest extent permitted under Applicable Law, FamCare disclaims all implied warranties.

9.2 Limitation of Liability: To the fullest extent permitted under Applicable Law, FamCare’s aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Platform shall not exceed the total Service Fees paid by you to FamCare for the specific Session giving rise to the claim, or Indian Rupees Five Thousand (INR 5,000), whichever is lower. FamCare shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from your use of the Platform.

9.3 Third-Party Conduct: FamCare is not responsible or liable for the conduct, acts, omissions, or negligence of any Caregiver, User, or third party in connection with services arranged through the Platform. FamCare’s role is limited to facilitating the connection between Users and Caregivers and providing associated platform services.

9.4 Force Majeure: FamCare shall not be liable for any failure or delay in performance arising from circumstances beyond its reasonable control, including natural disasters, acts of government, civil unrest, pandemics, power failures, internet disruptions, cyber-attacks, hacking incidents, failures of third-party service providers (including payment processors, cloud hosting, and telecommunications providers), or other force majeure events.

9.5 Indemnity: You agree to indemnify, defend, and hold harmless FamCare, its directors, officers, employees, affiliates, licensors, service providers, and representatives from and against any claims, actions, proceedings, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• (a) your breach of these Terms;
• (b) your violation of Applicable Law;
• (c) your negligence, wilful misconduct, or fraudulent conduct;
• (d) infringement of any intellectual property, privacy, or other rights of any third party;
• (e) misuse of the Platform;
• (f) inaccurate or misleading information provided by you;
• (g) any claim arising from your interactions with Caregivers, Users, or third parties; or
• (h) any act or omission attributable to you that causes loss or damage to FamCare or any third party.

x. Children’s Safety and Special Obligations

10.1 Child Safety Priority: The safety and wellbeing of children is the primary operational and ethical commitment of FamCare. All Users and Caregivers are required to cooperate fully with FamCare’s safety protocols, verification requirements, and emergency response procedures.

10.2 Parental Responsibility: Parents and Guardians retain full legal responsibility for their minor Children at all times. Before handing over a Child to the assigned Caregiver, the Parent or Guardian shall complete the mandatory QR code-based identity verification of the Caregiver through the Platform and ensure that the identity displayed on the Platform matches the individual present at the service location. The engagement of a Caregiver through the Platform does not constitute a transfer of parental or guardianship responsibility to FamCare or the Caregiver. FamCare shall not bear any vicarious, joint, or shared liability for any injury, harm, loss, or damage suffered by a Child during or in connection with any Session. Users must ensure that all instructions provided to Caregivers regarding the care of a Child are accurate, complete, and sufficient for the Child’s safe and appropriate care.

10.3 Reporting Incidents: Any incident involving the safety, health, or wellbeing of a Child during or arising from a Session must be reported immediately to FamCare through the Platform’s emergency features or designated support channels and, where appropriate, to the relevant law enforcement or regulatory authorities. FamCare will cooperate fully with any investigation by competent authorities.

10.4 No Harmful Processing: FamCare shall not process Children’s personal data in any manner likely to cause a detrimental effect on the wellbeing of the Child, including through tracking, behavioural monitoring, targeted advertising, or harmful profiling, consistent with Section 9 of the DPDP Act.

10.5 Mandatory Reporting and Cooperation: Users and Caregivers shall promptly report any incident involving suspected child abuse, neglect, exploitation, criminal conduct, medical emergencies, or other serious safety concerns arising during or in connection with a Session. FamCare may cooperate with law enforcement agencies, child protection authorities, regulatory authorities, or courts and may disclose relevant information where required or permitted under Applicable Law.

xi. Termination and Suspension

11.1 Termination by User: You may deactivate your Account at any time by following the account deletion process available through the Platform or by contacting our Grievance Officer. Deactivation of your Account does not affect any legal rights, obligations, or liabilities that have accrued prior to the date of deactivation.

11.2 Suspension and Termination by FamCare: FamCare reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Platform if: (a) you breach any provision of these Terms; (b) your conduct poses a risk to the safety of any Child, Caregiver, or User; (c) FamCare is required to do so by applicable law, court order, or regulatory direction; or (d) FamCare determines that continued access is not in the best interests of the Platform’s integrity or safety.

11.3 Effect of Termination: Upon termination of your Account, your right to access and use the Platform shall cease immediately. FamCare shall retain your data for such periods as are required under the Privacy Policy and Applicable Law. Clauses that by their nature survive termination shall continue to apply.

11.4 Survival: Any provisions of these Terms which by their nature are intended to survive termination, including without limitation those relating to intellectual property, confidentiality, indemnity, limitation of liability, dispute resolution, governing law, payment obligations, data retention, and any accrued rights or liabilities, shall continue in full force and effect notwithstanding termination or deactivation of the Account.

xii. Grievance Redressal

12.1 Grievance Officer: FamCare has designated a Grievance Officer in accordance with the requirements of the IT Intermediary Rules and the DPDP Act to address complaints and queries relating to the Platform and these Terms.

The Grievance Officer shall: receive and acknowledge complaints within twenty-four (24) hours of receipt; investigate and endeavour to resolve complaints within thirty (30) days unless a shorter period is required by law; maintain records of all complaints and their resolution; and act as the designated point of contact for communications with regulatory authorities.

12.2 Contact Details

• Name: Grievance Officer, FamCare Technologies Private Limited
• Email: support@famcare.co.in
• Phone: +91 90352 72679
• Address: Sabari Complex, National Plaza, 24, Field Marshal Cariappa Rd, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka 560025
• Response Time: Within 30 days of receipt, unless a shorter period is required by law.

xiii. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India, subject to any mandatory dispute resolution requirements under Applicable Law.

13.2 Amicable Resolution: In the event of any dispute or grievance, the parties shall first endeavour to resolve the matter amicably through FamCare’s Grievance Redressal mechanism. If the dispute is not resolved within thirty (30) days of a complaint being submitted, either party may pursue available legal remedies.

13.3 Arbitration: Any dispute not resolved amicably within thirty (30) days shall, except where such dispute falls within the exclusive jurisdiction of consumer forums or commissions under the Consumer Protection Act, 2019 or other Applicable Law, be finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The tribunal shall consist of a sole arbitrator mutually agreed upon by the parties, and in the absence of agreement within fifteen (15) days of a request for arbitration, the arbitrator shall be appointed by a recognised arbitral institution in Bengaluru, Karnataka as selected by FamCare. The seat and venue of arbitration shall be Bengaluru, Karnataka. The arbitration proceedings shall be conducted in the English language. Nothing contained herein shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction.

xiv. Amendments

14.1 Modifications: FamCare may amend these Terms from time to time to reflect changes in law, operational practices, platform features, or business requirements. Material changes shall be communicated through the Platform, by email, or through other reasonable notice mechanisms at least three (3) days before becoming effective, unless a shorter period is required by the urgency of the circumstances, safety or security concerns, or by Applicable Law.

14.2 Continued Use: Your continued access to or use of the Platform after the effective date of any revised Terms constitutes your acceptance of those revised Terms to the extent permitted by law. If you do not agree to the revised Terms, you must discontinue your use of the Platform.

14.3 Reservation of Rights: FamCare reserves all rights not expressly granted under these Terms. Nothing contained herein shall be construed as granting any licence, ownership, or other proprietary interest in or to the Platform except as expressly provided herein.

14.4 Future Technology: FamCare may introduce artificial intelligence, automation, recommendation engines, verification technologies, or similar technologies from time to time. Any outputs generated by such systems are intended solely to assist Platform operations and shall not constitute professional advice, legally binding decisions, or guarantees of accuracy, suitability, or safety. FamCare shall not be liable for any loss or damage arising from reliance on automated outputs, and Users shall exercise their own independent judgment in all decisions relating to caregiving services.

xv. Miscellaneous

15.1 Assignment: FamCare may assign, transfer, novate, or otherwise deal with its rights and obligations under these Terms to any affiliate, successor, purchaser, or entity resulting from any merger, acquisition, corporate restructuring, or transfer of business without requiring prior consent from Users. Users shall not assign or transfer any rights or obligations under these Terms without the prior written consent of FamCare.

15.2 Notices: Any legal notice or communication under these Terms shall be deemed duly served if sent by email to the registered email address associated with the Account, by in-app notification, or by any other mode recognised under Applicable Law. Users shall be responsible for maintaining accurate and up-to-date contact information.

15.3 No Third-Party Rights: Except where expressly provided under Applicable Law, these Terms are intended solely for the benefit of the parties and shall not confer any rights or remedies upon any third party.

15.4 Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable under Applicable Law, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

15.5 Waiver: FamCare’s failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.6 Entire Agreement: These Terms, together with the Privacy Policy and any supplementary notices issued by FamCare, constitute the entire agreement between you and FamCare with respect to your use of the Platform.

15.7 Language: These Terms are issued in the English language. In the event of any translation, the English version shall prevail.

15.8 Relationship of the Parties: Nothing contained in these Terms shall be construed as creating any employer-employee relationship, partnership, joint venture, agency, fiduciary relationship, franchise, or other similar legal relationship between FamCare and any User or Caregiver. A User accesses the Platform solely to discover, book, manage, and receive caregiving services, while a Caregiver accesses the Platform solely to offer and perform caregiving services as an independent service provider. Each User and Caregiver acts in their own independent capacity and remains solely responsible for their respective acts, omissions, obligations, and liabilities. Except for facilitating the use of the Platform and related services, nothing in these Terms shall be interpreted as creating any employment, agency, partnership, or representative relationship between FamCare and any User or Caregiver, or between FamCare and the engagement entered into between a User and a Caregiver.

15.9 Headings: The headings, titles, and numbering used in these Terms are inserted solely for convenience of reference and shall not affect the interpretation, construction, or meaning of any provision contained herein.

15.10 Independent Obligations: The obligations, representations, warranties, covenants, restrictions, and liabilities contained in these Terms are independent and severable. The invalidity, unenforceability, or non-performance of any obligation shall not affect the enforceability of any other independent obligation unless the nature of such obligation necessarily requires otherwise.