Terms of Service

    Last updated: January 9, 2025

    1. Terms of Service ("TOS")

    1.1 Contractual Nature; Acceptance

    These TOS constitute a legally binding agreement between CareConnect India Private Limited ("CareConnect", "Company", "we", "us", "our") and the natural or juristic person who accesses, browses, installs, downloads, registers for or otherwise uses the CareConnect marketplace, mobile application, website, APIs or any ancillary services (collectively, the "Platform"). By clicking “I Agree”, executing an order, or by otherwise continuing to use the Platform, the user ("you" or "User") irrevocably agrees to be bound by and comply with these TOS. If you do not or cannot accept these TOS in full, you shall refrain from accessing or using the Platform.

    1.2 Definitions

    For ease of reference and unless the context otherwise requires, capitalised terms used herein shall bear the meanings set forth below:

    • (a) "Account" means the verified credentials created by or on behalf of a User for access to the Platform;
    • (b) "Adult Customer" means an individual who has attained the age of eighteen (18) years and procures Care Services for the benefit of an Elder;
    • (c) "Caregiver" means an individual who has attained the age of twenty‑one (21) years, possesses valid nursing‑assistant, geriatric‑care or other industry‑recognised qualifications, has passed background and police verification, and maintains an active Provider Account on the Platform;
    • (d) "Care Services" means the in‑home personal care, medical or paramedical assistance, telehealth, respite, equipment‑rental facilitation and related services listed, advertised or otherwise made available via the Platform;
    • (e) "Content" means any text, audio, video, data, graphics, certifications, reviews or other material uploaded to, transmitted through or displayed on the Platform, whether by a User or by CareConnect;
    • (f) "Elder" means the ultimate recipient of Care Services, being a senior citizen of any age;
    • (g) "Fees" collectively means the Provider Fee, Service Fee, penalties and any applicable taxes;
    • (h) "Provider Fee" means the consideration set by a Caregiver or agency for a particular Care Service;
    • (i) "Service Fee" means the facilitation fee, commission or subscription fee charged by CareConnect to Users for the use of the Platform; and
    • (j) "User" means, as the context requires, an Adult Customer, Caregiver or any person who visits, registers for or uses any portion of the Platform in any manner whatsoever.

    1.3 Eligibility and On‑Boarding

    Customers. As a condition precedent to registration, an Adult Customer shall (i) have legal capacity to contract under the Indian Contract Act, 1872, (ii) furnish accurate KYC credentials (Aadhaar, Passport or Permanent Account Number) and such other information as may reasonably be requested by CareConnect, and (iii) successfully complete all verification steps prescribed by the Platform from time to time.

    Caregivers. In addition to the foregoing, a prospective Caregiver shall (i) have attained twenty‑one (21) years of age; (ii) upload industry‑recognised certificates or licences; (iii) undergo and satisfactorily clear criminal‑record, address and credential verification, including but not limited to police antecedent checks; (iv) electronically execute the Provider Code of Conduct and any supplemental agreements; and (v) maintain valid professional indemnity insurance where mandated by applicable law.

    Disqualified Persons. Persons convicted of offences involving violence, elder abuse, sexual misconduct or moral turpitude, or who are otherwise disqualified under Section 7 of the Consumer Protection Act, 2019, are expressly barred from registration. CareConnect reserves the right, but not the obligation, to refuse or terminate Accounts in its sole discretion.

    1.4 Account Security

    The User acknowledges that the security of its Account credentials is its sole responsibility and undertakes to (i) use strong, unique passwords, (ii) enable multi‑factor authentication when prompted, and (iii) immediately notify CareConnect of any actual or suspected unauthorised use of the Account. Notwithstanding anything to the contrary contained herein, CareConnect shall bear no liability whatsoever for any loss or damage arising from the User’s failure to comply with the foregoing obligations.

    1.5 Nature of the Intermediary Role

    The User expressly understands and agrees that CareConnect is an “intermediary” and “marketplace e‑commerce entity” within the meaning of Section 79 of the Information Technology Act, 2000 read with Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Rule 3(g) of the Consumer Protection (E‑commerce) Rules, 2020.

    No Employment or Agency. Caregivers are independent third‑party contractors. Nothing herein creates or shall be deemed to create any employment, agency, joint‑venture, partnership or fiduciary relationship between CareConnect and any Caregiver. CareConnect does not prescribe the manner, methodology or outcome of the Care Services and does not provide medical or nursing services.

    1.6 Licence to User Content

    By uploading or otherwise making Content available on or through the Platform, the User (i) represents and warrants that such Content is true, accurate, and does not infringe the intellectual‑property or privacy rights of any person; and (ii) hereby grants to CareConnect a worldwide, perpetual, irrevocable (except as otherwise provided under applicable data‑protection laws), non‑exclusive, royalty‑free, transferable and sub‑licensable licence to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display and create derivative works from such Content for the purposes of operating, marketing, improving and complying with legal obligations in respect of the Platform.

    1.7 Prohibited Conduct

    The User shall not:

    • engage in any form of harassment, discrimination, exploitation, elder abuse or other unlawful conduct;
    • impersonate any person, misrepresent qualifications or submit forged, altered or outdated credentials;
    • solicit or accept direct payments with the intent to circumvent the Fees payable to CareConnect;
    • upload or transmit any worms, viruses, trojans, malicious code, scraping or data‑harvesting tools;
    • violate any applicable clinical‑establishment, labour, taxation or other statutory requirements; or
    • access or disclose another individual’s Sensitive Personal Data without a lawful basis.

    1.8 Bookings, Fees, Cancellations and Payments

    Formation of a Booking. A Booking is deemed confirmed when an Adult Customer completes the checkout workflow and receives an in‑app and/or email confirmation.

    Payments and Escrow. All consideration shall be tendered through the Platform’s escrow mechanism integrated with RBI‑regulated payment gateways. Provider Fees shall be released to Caregivers on a T+2 Business Day basis subject to (i) completion of the Care Services in accordance with the Platform records and (ii) absence of any dispute, chargeback or complaint raised within twenty‑four (24) hours of completion.

    Cancellation Policy. The applicable cancellation and refund rules, including any Service Fee forfeiture or penalty, shall be those set out in the Cancellation & Refund Schedule appended hereto as Annexure A and as displayed at the time of Booking; such terms are incorporated herein by reference.

    Taxes. All Fees are exclusive of Goods and Services Tax (“GST”) unless expressly stated otherwise. Users are responsible for remitting any taxes arising from or in connection with the Care Services unless CareConnect is statutorily obliged to collect the same.

    Late or Failed Payments. CareConnect reserves the right to (i) suspend or terminate the Account, (ii) charge late‑payment interest at eighteen percent (18%) per annum pro rata, and/or (iii) employ third‑party debt‑collection services where permitted by law.

    1.9 Intellectual‑Property Rights

    All intellectual‑property rights in and to the Platform, including but not limited to software, databases, user interfaces, design, text, graphics, logos and trademarks (collectively, the “IP”), are and shall remain the exclusive property of CareConnect or its third‑party licensors. Subject to the User’s continuous compliance with these TOS, CareConnect grants the User a limited, revocable, non‑transferable, non‑sublicensable right to access and use the Platform for the User’s personal or internal business purposes only. Any unauthorised use of the IP is strictly prohibited.

    1.10 Disclaimer of Warranties

    THE PLATFORM AND ALL CARE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, ERROR‑FREE OR UNINTERRUPTED OPERATION. CARECONNECT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, SUITABILITY, SAFETY OR OUTCOME OF ANY CARE SERVICES RENDERED BY CAREGIVERS.