Swabhimaan Service Providers Agreement


This SERVICE PROVIDER ONBOARDING TERMS (hereinafter referred to as the “Onboarding Terms”) is a legal Onboarding Terms which governs the terms and conditions between you (either an individual or a single entity, hereinafter referred to as the “Service Provider”, “You”, “Your”, “Yours”) and Surprizes E-Ventures Private Limited., a private limited company incorporated in accordance with the provisions of the Companies Act 2013, having its registered address at Oshiwara, New Link Road, Andheri West, Mumbai, Maharashtra- 400053, India (hereinafter referred to and used interchangeably as the “Company”, “We”, “Us”, “Our”, “Ours”) for the onboarding and registration of Service Providers (defined later) on the website https://swabhimaan.co.in/ of the Company (hereinafter referred to as the “Platform”). Any amendment or addendum to this Onboarding Terms shall be at the sole discretion of the Company. YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONBOARDING TERMS BY REGISTERING AND USING THE PLATFORM. IF YOU DO NOT AGREE, DO USE THE PLATFORM AND IF USING, YOU SHALL IMMEDIATELY CEASE AND RESTRICT YOURSELF FROM USING THE PLATFORM.

The Company and the Service Provider shall be individually referred to as “Party” and shall be collectively known as “Parties”.

A. WHEREAS the Company runs an aggregator Platform under the name of “Swabhimaan” wherein it lists old age homes hostels, sanatoriums, wellness centres, day cares, home stays, resorts, dharmshala’s situated across various locations to cater to the needs of the elderly and their families. In addition to the home stays, the other services offered through the Platform are inclusive of but not limited to wellness products and services, support services, second career support, etc. (hereinafter referred to as the “Services”).

B. WHEREAS the Service Provider is interalia engaged in providing any one or all of the Services to the Customers (defined later) as listed on the Platform.

C. The Company has approached the Service Provider for providing his/her/their requisite Services to the Customers (defined later) of the Company and the Service Provider has agreed to provide such Services using his/her/their expertise and experience.

Based on the representations and warranties by both the Parties, the Parties are willing to enter into this Onboarding Terms to inter-alia define the mutually agreed roles and responsibilities of each Party with respect to providing Services to the other and Customers of the Company.


1.1. “Applicable laws” shall mean acts, rules, ordinances, regulations, notifications, circulars, or decisions of any executive, judicial, administrative, or quasi-judicial authority or another document, having the force or effect of law in India.

1.2. “Customers” shall mean customers of the Platform who are using the Services or booking the Services offered through the Platform on behalf of Senior Citizen including but not limited to family members, legal guardians, representative etc and is inclusive of the Senior Citizens.

1.3. “Confidential Information” shall collectively refer to all non-public information or material disclosed or provided by one Party to the other, either orally or in writing, including but limited to, any information or material about the business model, services, specifications, designs, codes, software, processes, plans, policies, procedures, employees, work conditions, legal and regulatory affairs, assets, inventory, discoveries, trademarks, patents, packaging, distribution, sales, expenses, marketing, financial statements, data, customer details, costs of goods & services, and relationships with third-parties. Confidential Information also includes any notes, analyses, compilations, studies, or other material or documents prepared by the recipient Party which contains, reflect, or are based, in whole or in part, on the Confidential Information.

1.4. “Medium Term” shall mean a period of time which may vary between 14 to 180 days for which the Services are booked/ availed by the Senior Citizen.

1.5. “Long Term” shall mean any period of time over and above the duration of 90 days or more for which the Services are booked/ availed by the Senior Citizen.

1.6. “Properties” shall mean various properties listed by the Service Provider on the Platform which can be booked by the Customers.

1.7. “Short Term” shall mean a time period maximum of 30 days for which the Services are booked/ availed by the Senior Citizen.  

1.8. “Senior Citizen” shall mean any person above the age of 60, who is beneficiary of the Services listed on the Platform by the Service Provider.

1.9. Headings in this Onboarding Terms are for convenience purposes only and can be ignored while perusing the Onboarding Terms.

1.10. Unless otherwise stated herein, in this Onboarding Terms:

1.10.1. words elsewhere defined/explained in this Onboarding Terms shall have the meaning so ascribed;

1.10.2. words or phrases used in singular or plural form shall be said to denote both singular and phrases; and

1.10.3. words such as his, her, its, etc., shall said to denote and include all genders.


2.1. The Service Provider shall list its Properties and Services on the Platform and the Service Provider shall provide Services to the Customers as delineated further in Schedule A of this Onboarding Terms.

2.2. Both the Parties acknowledge and agree that these Onboarding Terms contain the general terms and conditions governing the functioning of both the Parties and the scope of services are not final but subject to changes as deemed necessary by the Company.

2.3. In the event of modification as mentioned under clause 2.3 of this Onboarding Terms including but not limited to change in scope of services, change in payment terms, or any other terms as mentioned in this Onboarding Terms, the same shall be carried out by way of amendments to this Onboarding Terms or add on Schedules as deemed necessary by the Company.


3.1. The Service Providers shall create their account and register on the Platform of the Company (hereinafter referred to as the “Account”).

3.2. In order to create the Account, the Service Provider shall Name, Address, Phone number, Email ID, Entity or Facility Name and any other relevant information.

3.3. After approval by the Company, the Service Providers will be redirected to the Service Provider dashboard wherein they need to upload the specified documents, including but not limited to PanCard, Aadhar Card, Ownership, Leave & License or Lease Deed of Property, or any other relevant document. Service Provider should also submit relevant documents and licenses to operate the facility

3.4. The Company shall verify the documents, and details and provide approval to the Service Providers at its discretion. Thereafter, Service Provider can add all the details in their Dashboard including but not limited to details and descriptions of the Properties, amenities provided, rules and regulations, details of the Services along with the prices.


4.1. The Company will not charge any fees for the Service Provider’s registration and Account creation on the Platform. However, the Company reserves the right to charge the Service Provider a fixed amount as platform charges (hereinafter referred to as the “Platform Charges”) at rates determined by the Company in the future. The Company will communicate the Platform Charges so levied on the Service Provider in writing and the date from which such Platform Charges will be applicable.  

4.2. The Service Provider shall decide prices for their Services to be offered to the Customers as listed on the Platform. However, the Service Provider shall take 30 Days (Thirty days) prior approval from the Company before making any amendments in the prices.

4.3. The Service Provider hereby agrees and acknowledges that the Company will receive all the payments from the Customers in respect of the Services offered through the Platform. Further, the Company shall reconcile the payment received from the Customers within a period of seven days, starting from the date the Customers commence availing the Services. Subsequently, after reconciliation of all the bookings and invoices, the Company shall inform the Service Provider the total amount received from Customers. In case, the Service Provider has any issues/grievances against the amount quoted by the Company, the Service Provider can raise such concerns within15 days. However, in case the Services Provider fails to raise any issues within such timeframe, the amount quoted by the Company shall be deemed final and payment will be transferred in the to The Service Provider. The details of the payment is mentioned in detail in Schedule B of this Onboarding Terms and Conditions.

4.4. The Company shall charge commission on the Services rendered to the Customers through the Platform (hereinafter referred to as “Commission”) from the Service Providers. The details of the Commission charged by the Company are mentioned in detail in Schedule B Part II of this Onboarding Terms. The Company shall deduct its Commission from the amount collected from Customers and transfer the rest of the amount to the registered bank account of the Service Provider as provided on the Platform at the time of creation of the Account.


5.1. In the event, the Customer cancels the booked Services before availing the Services, the Service Provider shall be entitled to receive the advance booking amount paid by the Customer as mentioned in detail in Schedule C of this Agreement.

5.2. The advance booking amount mentioned in the table shall be transferred to the Service Provider/Customers, as mentioned in detail in Schedule C of this Agreement. of such cancellation by the Customers.

5.3. If the Customer lodges a complaint expressing dissatisfaction or discrepancy in the Services provided by the Service Provider, the Company will still be entitled to receive the full Commission and cannot be held accountable or involved in such complaints. The Service Provider shall in its sole discretion and cost may return the fees paid by the Customer and will not hold the Company accountable for the same.


6.1. The Service Provider shall deliver the listed Services for elderly care with the highest level of professionalism, competence, and care. The Services should meet or exceed industry standards and comply with all relevant regulations and guidelines. If in case any complaints are received from the Customers with respect to the unsatisfactory Services, the Company reserves the right to terminate the Services of Service Provider under this Onboarding Terms.

6.2. The Service Provider shall accurately and diligently list its Services and Properties related to Senior Citizen in accordance with the terms and conditions outlined in the Onboarding Terms.

6.3. The Service Provider shall maintain a safe and secure environment within its Properties for Senior Citizen. Adequate measures shall be implemented to prevent accidents, minimize risks, and address emergency situations promptly.

6.4. The Service Provider shall ensure that its staff members responsible for Services possess the necessary qualifications, skills, and experience to meet the specific needs and requirements of the Senior Citizen.

6.5. The Service Provider shall maintain its Properties for Senior Citizen in good condition and ensure that all necessary repairs, renovations, and maintenance activities are carried out in a timely manner to ensure a comfortable living environment.

6.6. The Service Provider shall establish a clear and accessible process for addressing and resolving any complaints or concerns raised by the Senior Citizen or their authorized representatives regarding the services provided. Prompt action shall be taken to investigate and rectify any valid complaints.

6.7. The Service Provider shall treat the Senior Citizen with respect, dignity, and compassion. Their individual rights and preferences shall be acknowledged and honored, promoting a supportive and inclusive environment.

6.8. The Service Provider shall not directly or indirectly reach out to the Customers in their personal capacity for providing Services and shall in no manner solicit the Customers of the Platform.

6.9. The Service Provider shall ensure that all information provided regarding its Services and Properties for Senior Citizen is accurate, complete, and up-to-date. This includes details such as facilities, amenities, availability, pricing, and any specific requirements or restrictions.

6.10. The Service Provider shall be solely responsible for issues/complaints received from the Customers related to the quality of Services.

6.11. The Service Provider shall not withhold the permission to access the Property to the Customers who have booked their Services without according the necessary and justified reasons thereof.

6.12. The Service Provider shall use the Platform only for listing and providing Services to the Customers and shall not use the Platform in any illegal, unauthorized, or fraudulent manner which in any way affects or is prejudicial to the interest of the Company.

6.13. The Service Provider shall at no point in time post any obscene or illicit content on the Platform.

6.14. The Service Provider shall ensure that all the relevant details along with the amenities provided shall be clearly mentioned along with the listings.

6.15. The Service Provider shall not charge or levy any hidden charges or cost on the Customers without prior informing them.

6.16. The Service Provider shall collect documents from the Customer including but not limited to PanCard, Aadhar Card, or any relevant KYC Documents, Medical Reports, Legal Guardians numbers and email IDs, Emergency Contact numbers, Medical Insurance, Life Insurance, if any, and Organ Donation Documents, if any. for proving Services under these Onboarding Terms.

6.17. In case of the death of any senior citizen at the premises of the Service Provider the Service Provider shall immediately inform the legal guardian of the Senior Citizen and arrange proper handover of the mortal remains of the Senior Citizen to their legal guardian.


7.1. The Company reserves the right to restrict access to the Service Providers and may temporarily/permanently suspend the Account created by the Service Providers on the Platform in case of any complaints received from the Customers or breach of any obligations mentioned under this Onboarding Terms.

7.2. If required or if the Customer has booked Swabhimaan Supervised services, the Company shall send its representative i.e., Swabhimaan Supervised to visit Service Provider’s premises to verify the quality of care provided to the Senior Citizens, which shall be decided and undertaken by the Company in its sole discretion.


8.1. Both the Parties represent and warrant that they are legally competent to enter into this Onboarding Terms and perform the obligations mentioned in this Onboarding Terms.

8.2. Both the Parties represent and warrant that this Onboarding Terms shall be validly executed between them and shall have a binding obligation enforceable under law.

8.3. The Parties hereby represents and warrants that no action or proceeding is pending against it before any court of law or authority including but not limited to proceedings of insolvency or bankruptcy that may hamper or inhibit the execution and/or performance of this Onboarding Terms.

8.4. For the purpose of this Onboarding Terms, the Service Provider hereby represents and warrants that:

8.4.1. they have the requisite manpower and team to deliver the Services as contemplated under this Onboarding Terms;

8.4.2. all the description, details and documents uploaded on the Platform or that may be uploaded on the Platform are genuine, accurate, original and free from any error or misrepresentations and at no point in time shall suffer such errors;

8.4.3. they shall list their own or original Properties or shall list the Properties after obtaining necessary approvals and rights from the owner of such property;

8.4.4. they shall validly hold, maintain, and upkeep the Property during the Term of this Onboarding Terms and will immediately inform the Company in case of any change of ownership, management or structuring;  

8.4.5. they are in compliance with all applicable laws, regulations, and industry standards related to and licensing requirements related to elderly care services. This includes but is not limited to health and safety standards, privacy laws, and any other applicable laws.

8.4.6. the Company shall not be held liable or responsible in case of any deficiency in Services provided by the Service Provider;


This Onboarding Terms shall be in force till the Service Provider is offering their Services through the Platform or any modification or amendment to this Onboarding Terms is introduced by the Company which is agreed by the Parties mutually, whichever is earlier (hereinafter referred to as “Term”).


10.1 Immediate Termination

10.1.1. The Company shall have the right to terminate this Onboarding Terms at any time with immediate effect by notice in writing for any or more of one of the following reasons: where a breach of terms and conditions by Service Provider and failure to remedy such breach within 15  days of receipt of written notice from the Company for remedy of such breach of Onboarding Terms; where the breach is committed without any remedy; where the Service Provider has committed breach of any of the terms and conditions of this Onboarding Terms; where any serious complaints have been instituted by the customers; where the Service Provider has caused any monetary loss or damages to the Company.

10.2. Termination for Convenience

10.2.1. The Service Provider can terminate this Onboarding Terms by providing 30 days written notice to the Company on the registered email address of the Company and such termination shall be subject to the acceptance and approval of the Company.

10.2.2. The Company can terminate this Onboarding Terms by giving written notice of 30 days to the Service Provider.


11.1. All the rights of either Party under this Onboarding Terms on termination shall cease and no payment whatsoever shall be due upon the Company for loss of goodwill, anticipated profits, and any other claims or losses in respect of such termination.

11.2. The Service Provider shall at its own expense promptly return to the Company, all Confidential Information (defined later in this Onboarding Terms), Intellectual Property (defined later in this Onboarding Terms), documentation, and materials together with any copies thereof or any other documents entrusted to the Service Provider by the Company within 7 days.

11.3. Termination of this Onboarding Terms for whatever cause shall be without prejudice to any rights or obligations of any Party hereto in respect of this Onboarding Terms which has arisen prior to such termination or expiration.

11.4. Upon termination of this Onboarding Terms, the Company shall immediately delist all the listings of the Company and shall not allow any further bookings through the Platform however, any such prior bookings shall be honoured by the Service Provider.


12.1. The Service Provider acknowledges and agrees that the Company shall not be held liable or accountable under any circumstances for any illness, injury, or death of the Senior Citizen. The Service Provider shall hold the Company harmless from any claims, damages, or losses arising from any such illness, injury, or death.

12.2. The Company shall not be held liable for any acts or omissions of the Service Provider, or for any disputes or dis-Onboarding Terms that may arise between the Customers and the Service Provider.

12.3. Unless otherwise expressly stated in the Onboarding Terms, Service Provider shall be wholly liable towards the Company, customers or on any third party without any limitation, for any direct, indirect, consequential, incidental, exemplary, punitive, or special damages or loss of profits or loss of revenue, loss of anticipated use, or the inability to use the deliverables, under any cause of action, breach of contract, tort (including negligence), product liability, strict liability or any other legal or equitable theory and whether or not such Party has been advised of the possibility of such damage except in case of fraud, wilful misconduct, and gross negligence. 


13.1. The Service Provider agrees and acknowledges to hold the Confidential Information in confidence and shall not publish, disclose or disseminate, at any time, to any person or competitor of the Company/affiliates; or use for any purpose any Confidential Information other than such purposes as shall be required to fulfil the Service Provider’s duties with the Company, or remove any Confidential Information, in whole or in part, from the Company’s premises, without prior written permission of the Company.

13.2. The Service Provider shall not use the Confidential Information for their own benefit or benefit of another without the prior written consent of the Company. The Service Provider shall not duplicate in any manner the Confidential Information furnished in tangible and intangible form by the Company without the prior written consent of the Company.

13.3. The Service Provider acknowledges and agrees that the unauthorised or unapproved disclosure of Confidential Information by the Service Provider would create irreparable damage to the Company and agree to bear the responsibility and the repercussions for the same.


14.1. For the purpose of this Terms and Conditions, the intellectual property shall mean any and all the property owned, controlled, or developed by the Company and all the materials or mediums wherein such property may have been incorporated without limitation to design, trademarks, logos, artwork, designs, copyrights, trade secrets, know-how, patents, etc., (hereinafter referred as “Intellectual Property”). 

14.2. It is hereby agreed between the Parties that Intellectual Property of the Company shall solely belong to the Company and the Service Provider shall not use the Intellectual Property without its prior approval and have no claim or right whatsoever over the Intellectual Property of the Company at any point of time.


15.1. Any damage to the Company from the execution and performance of the rights, duties, obligations, and functions of the Service Provider contemplated under this Onboarding Terms, the Service Provider is liable to pay damages to the Company as may be necessary. 

15.2. The Service Provider agrees that breach of any conditions set forth in this Onboarding Terms shall be detrimental to the business of the Company and cause irreparable harm to the Company, and that is difficult to measure and may not be remedied solely by monetary damages. Therefore, in case of such breach the Service Provider agrees to the Company, in addition to other remedies which may be available, the Company shall be entitled to obtain such temporary, permanent, restraining, or injunction order as may be necessary to protect the Company from such breach. Further, the Company shall also be liable to recover the legal fees and other costs incurred by the Company. 


Neither Parties shall be under any liability for failure to perform any of its rights and obligations under this Onboarding Terms, as a direct result of an event including, but not limited to, an act of God, fire, flood, explosion, civil disturbance, the act of terrorism or war, interference by civil or military authority, accident, internet connectivity failure, pandemic, public health emergency, state of emergency as declared by any level of government in a relevant jurisdiction, strike, labour dispute or shortage, illegality under any governmental law, rule or regulation, or for any other similar causes beyond the reasonable control of the Parties.


17.1. Initial Dispute Resolution

Where any dispute between the Parties, in relation to enforcement, interpretation, performance, or breach of any of the clauses of this Onboarding Terms arises, the Parties shall try to solve the same amicably. In case, the dispute is not resolved within a period of 30 (thirty) days from the date the dispute arises, the same shall be referred to Arbitration.

17.2. Arbitration  

17.2.1. The Parties shall have the option to appoint 1 of arbitrators with mutual consent of one another. The seat of Arbitration shall be Mumbai and the language for Arbitration shall be English.

17.2.2. In the event, the Parties fail to comply with the provisions of clause 17.2.1 of this Terms and Conditions, the Parties may refer to the appropriate court of Mumbai for the appointment of arbitrators.

17.2.3. The cost of the proceedings shall be borne by the Parties in accordance with the award passed by the arbitrator.

17.2.4. The Arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996.


This Onboarding Terms shall be governed and construed in accordance with the Laws of India. If any dispute arises between any of the Parties hereto during the subsistence of this Onboarding Terms or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Onboarding Terms, or any matters, claims, or disputes under this Onboarding Terms shall be under the jurisdiction of appropriate courts in Mumbai.


19.1. Entire Onboarding Terms: This Onboarding Terms contains the entire terms and conditions between Parties and supersedes all the previously executed Onboarding Terms between the same Parties which may or may not have the same nature of transactions.

19.2. Modifications to the Onboarding Terms: No amendment, modification or addition to this Onboarding Terms shall be effective or binding on either of the Parties hereto unless set forth in writing and executed by them through its duly authorized representatives, and subject to obtaining requisite approvals, if any, following such execution.

19.3. Severability: In the event, any part of this Onboarding Terms is declared illegal or unenforceable, the Parties hereto will cooperate in all ways open to them, including taking appropriate steps to amend, modify or alter this Onboarding Terms.

19.4. Assignment: Neither Party shall assign this Onboarding Terms to any other party and each Party shall be under an independent obligation to adhere to the requirements under this Onboarding Terms. 

19.5. Time is of Essence: Time is of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended, such extended time shall also be of the essence.

19.6. Waiver: No failure to exercise and no delay by any of the Parties in exercising any right, power or privilege under the Onboarding Terms shall operate as a waiver thereof nor shall any single or partial exercise of any of the Parties of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

19.7. Notice: Both the parties shall communicate by way of written notices which shall be sent at the registered address of the Company or by way of sending emails at the registered email addresses of both the Parties.



 Short Term1 Day to 30 DaysResorts, Retreats, Getaways, and Homestays for Leisure or Travel purposes Senior Citizens Day Care for Monitoring and Supervision.
Medium Term14 Days to 180 Days (2 Weeks to 6 Months)Resorts, Retreats, Getaways, and Homestays for Leisure or Travel purposes Senior Citizens Day Care for Monitoring and Supervision. Senior Citizens Sanatoriums, Hospice and Palliative Care, Assisted Recovery services
Long Term90 Days or Higher (More than 3 Months)Resorts, Retreats, Getaways, and Homestays for Leisure or Travel purposes Senior Citizens Day Care for Monitoring and Supervision. Senior Citizens Sanatoriums, Hospice and Palliative Care, Assisted Recovery services
 Travel & Tour Packages Tailored for Senior CitizensResorts, Retreats, Getaways, and Homestays for Leisure or Travel purposes.Holiday Package tailored for Senior Citizens in collaboration with 3rd Party Travel Service Providers. 




Payment to Vendors / Service Providers per Stay Period – Daily, Weekly, Monthly package basis
Payment on Commencement1 Day of Commencement7 Days of Completion
Short Term Stays50%50%
Medium Term Stays50%50%
Long Term Stays50%50%
Travel & StaysAs per Service Provider Policy 
 Mentioned in Product Description






Payment to Service Provider on Cancellation
Cancellation before14 Days7 Days3 Days
Short Term Stays0%25%50%
Medium Term Stays0%25%50%
Long Term Stays0%25%50%
Travel & StaysAs per Service Provider PolicyMentioned in Product Description