Swabhimaan User Agreement – Terms of Use


This USER AGREEMENT (hereinafter referred to as the “Agreement”) is a legal Agreement which governs the terms and conditions between you (either an individual or a single entity) 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 registration of Users/customers (defined later) on the website of the Company (hereinafter referred to as the “Platform”). Any amendment or addendum to this Agreement shall be at the sole discretion of the Company. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY REGISTERING AND USING THE PLATFORM. IF YOU DO NOT AGREE, DO NOT REGISTER OR USE THE PLATFORM AND IF USING, YOU SHALL IMMEDIATELY CEASE AND RESTRICT YOURSELF FROM USING THE PLATFORM.

The Company and the User 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 centers, 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, (hereinafter referred to as the “Services”).

B. WHEREAS the Company intends to run a user-friendly Platform that enables Users to access information about old age homes, including their facilities, services, location, and pricing, and make informed decisions regarding their choice of elderly care services.

C. WHEREAS the User is willing to book and avail Services offered on the Platform.

D. Pursuant to the above, the User is willing to enter into this Agreement to record the terms and conditions for availing Services on the Platform and other terms and conditions connected therewith or incidental thereto.


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. “Approvals” shall mean sanctions, permissions, consents, validations, licenses, and other authorizations obtained and/or required to be obtained from any Government Body.

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 15 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 days/ months mentioned in Medium Term for which the Services are booked/ availed by the Senior Citizen.

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

1.7. “Users” shall mean users 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..

1.8. “Service Provider” shall mean any person who lists their products or services on the Platform of the Company in order to enable the Users to book and avail the products or services offered.

1.9. “Short Term” shall mean a time period maximum of 15 days for which the Services are booked/ availed by the Senior Citizen.  

1.10. Headings in this Agreement are for convenience purposes only and can be ignored while perusing the Agreement.

1.11. Unless otherwise stated herein, in this Agreement:

1.11.1. words elsewhere defined/explained in this Agreement shall have the meaning so ascribed;

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

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


Through the aggregator Platform, the Company is providing a Platform for Users to access various Services provided by third-party Service Providers. The Aggregator Platform is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of the Services offered through the Platform and as provided by the Service Provider. The aggregator Platform does not provide any Services on its own and merely acts as a consolidator to offer vide array of Services through their Platform, at one place. .


3.1. The Users shall create their account and register on the Platform of the Company (hereinafter referred to as the “Account”) in order to avail the Services offered through the Platform.

3.2. In order to create the Account, the User shall provide email address and create password, and shall use the same for further login and availing the Services.


4.1. The persons who are not eligible for availing Services offered through the aggregator Platform may include:

4.1.1. Individuals Below the designated age requirement: The Services may be limited to individuals who meet the designated age requirement specified by the old age home or Service Provider. Any person below the minimum age specified will not be eligible for admission or to avail the services.

4.1.2. Individuals with acute medical conditions: The old age homes or Service Providers may have limitations in providing care or accommodation for individuals with acute or severe medical conditions that require specialized medical attention or facilities beyond their scope of service.

4.1.3. Individuals with aggressive or violent behavior: The old age homes prioritize the safety and well-being of their residents. Therefore, individuals who exhibit aggressive, violent, or disruptive behavior that poses a risk to themselves or others may not be eligible for admission or to avail the services provided.

4.1.4. ndividuals with Unmanageable Cognitive Impairment: The old age homes or Service Providers may have limitations in providing care for individuals with severe cognitive impairments that require specialized care or supervision beyond their capacity. Such individuals may need alternative care arrangements suited to their specific needs.

4.1.5. Individuals with substance abuse or addiction issues: The old age homes may not be equipped to handle individuals with substance abuse or addiction issues that require specialized rehabilitation programs or interventions. Such individuals may need to seek alternative resources or treatment centers

4.1.6. Individuals with Criminal Backgrounds: The old age homes or Service Providers may have policies in place that restrict admission or service provision to individuals with certain criminal backgrounds or records that may compromise the safety and well-being of other residents.

4.1.7. Individuals with Communicable Diseases: The old age homes or Service Providers may have guidelines to protect the health of their residents. Individuals with communicable diseases that pose a significant risk of transmission may not be eligible for admission or to avail the Services until their condition is appropriately managed or treated.

4.1.8. It is important for Users to review the eligibility criteria and any specific requirements set by the old age homes or Service Providers before seeking admission or availing services. The aggregator Platform does not guarantee eligibility or suitability for individuals and solely acts as a facilitator in connecting users with Service Providers.


5.1. The Company does not levy any fees for the User’s registration and Account creation on the Platform.

5.2. The User shall be responsible to pay prices as listed on the Platform against the Services listed by the Service Provider. Any offer/ scheme as may be launched shall be under and upon the sole discretion of the Service Provider.

5.3. The User shall pay the prices for booking homes in the form of the hostel, day care, dharmshala or such other type as mentioned on the Platform as per the rates listed on the Platform and for Short Term, Medium Term, or Long Term, as per their requirement and selection made and as provided by the Service Provider.

5.4. The User shall pay the prices for booking any additional Services such as travels and tours, assisted care centers, wellness centers, wellness services or any other Services and for Short Term, Medium Term, or Long Term, as per their requirement and selection made and as provided as mentioned on the Platform.

5.5. The User shall pay a security deposit if required by the Service Provider who are listing their Services on the Platform.

5.6. The User shall pay any advance for booking of any Services listed on the Platform if specifically required by the Service Provider and shall pay such advance either to the Service Provider directly or to the Company as the case may be.

5.7. The Platform operated by the Company does not charge any Platform fees from the User in order to access and use the Platform. However, if a User desires to avail supervised services from the Company, wherein a Company representative shall visit the old age home to verify the quality of care provided, the User shall be required to pay the Company on a per-visit basis.

5.8. The User hereby agrees that any payment made through the Platform to avail of the Services refund and cancellation for the same will as per the refund and cancellation policy of the Company.


6.1. The User shall use the Platform solely for the purpose of accessing information about the Services and booking Services or order products as offered through the Platform. The User shall not use the Platform for any unlawful or unauthorized purpose, and shall comply with all applicable laws and regulations governing elderly care services.

6.2. The User shall ensure that all information provided on the Platform is accurate and up-to-date. The User shall be solely responsible for any inaccuracies or errors in the information provided, and shall bear all consequences arising from such inaccuracies or errors.

6.3. The User shall comply with all the rules and regulations governing the use of the Platform, including the terms and conditions of this Agreement.

6.4. The User shall share all the medical reports, medical history, or any medical documents of themselves or the senior citizen, as the case may be, as may be required by the old age homes.

6.5. In the event that the Senior Citizen, has pledged to donate any organ(s), the Service Provider and Company shall be promptly informed in writing, accompanied by relevant supporting documentation.

6.6. The User shall bear any expenses that may arise in the event the Senior Citizen is hospitalised due to any medical conditions. Additionally, the User must provide prior consent for the senior citizen’s admission to the hospital. However, in case of an emergency, the senior citizen can be hospitalised without any prior consent. Further, under no circumstances shall the old age homes will be held responsible for the death of the senior citizen and the User shall clear pending dues, if any with the Service Provider.  

6.7. The User shall furnish copy of the senior citizen’s insurance policy, medical insurance or any other documents required by the old age homes which is inclusive of but not limited to identity cards, address proof, contact number for person in charge, emergency contact information, as may be required.

6.8. The User shall accurately provide all necessary details for the booking, including dates, times, locations, and any specific requirements. The User agrees to make timely and full payment for the Services booked through the aggregator Platform, including any applicable fees, taxes, or additional charges imposed by the Service Provider.

The User shall adhere to the cancellation and refund policies set by the Company and shall review and comply with those policies when applicable.


7.1. The User shall inform the old age homes, hostels, of precise medical conditions of the Senior Citizen including but not limited to allergies information, diet specifications, or any other important medical information/ conditions about the Senior Citizen to the Service Provider.

7.2. The User shall ensure that they have scrutinise and have done verification of the Services offered through the Platform.

7.3. The User shall ensure timely visits to the old age homes to check up on the Senior Citizen(s). However, in case the User due to any reason is unable to visit, in such cases the User may avail supervised services from the Company, wherein a Company representative shall visit the old age home to verify the quality of care provided, the User shall be required to pay the Company on a per-visit basis.

7.4. If in case the User wishes to extend the tenure of stay of Senior Citizen(s), the User shall do such extension in timely manner.

7.5. The User shall comply with all applicable travel policies, regulations, and guidelines set by the travel Service Providers, including airlines, hotels, transportation services, and any other entities involved in the travel arrangements. This includes complying with baggage restrictions, check-in procedure, and any other rules or regulations specified by the travel Service Providers.

7.6. The User agrees to provide accurate and complete information regarding the Senior Citizen(s) for whom assisted care center services are being booked. This includes providing relevant medical history, existing health conditions, allergies, medications, and specific care requirements for the Senior Citizen.

7.7. The care center services may require an initial assessment and the development of a care plan for the Senior Citizen(s). The User agrees to cooperate fully during the assessment process and provide accurate information to facilitate the creation of an appropriate care plan.

7.8. The User shall comply with all policies, rules, and guidelines set by the assisted care center. This includes adhering to visitation schedules, safety protocols, care routines, and any other requirements specified by the care center to ensure a smooth and secure environment for the senior citizen(s).

7.9. The User shall comply with all policies, rules, and guidelines set by the wellness Service Providers. This includes adhering to appointment schedules, cancellation policies, and any other requirements specified by the wellness service providers for the smooth delivery of the services.


8.1. The Company shall provide accurate information about the old age homes listed on the Platform.

8.2. The Company shall maintain a secure and reliable online booking system for the User and promptly address any concerns or issues raised by the Users.


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

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

9.3. The Parties hereby represents and warrants that no action or proceeding is pending against them 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 Agreement.

9.4. For the purpose of this Agreement, the User hereby represents and warrants that:

9.4.1. all the description, details, and documents uploaded on the Platform are correct;

9.4.2. the User has obtained all necessary consents and authorizations from the senior citizen and any other relevant parties to book the Services offered through the Platform on their behalf;

9.4.3. the User has read all the terms and conditions of the Platform;

9.4.4. the User has read all the terms, conditions and facilities provided by the Service Provider;

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

9.4.6. the admission in the old age homes or home stays or hostels, as the case may be, will be given upon satisfactory completion of the references and documentation and is solely determined by the owner of the old age home; and

9.4.7. they have undertaken their primary due diligence and scrutiny of the premises of the Service Provider;

9.4.8. they are not liable for any issues, losses, damages, injuries, or expenses incurred during the travel period for the senior citizen(s). The User assumes full responsibility for the travel arrangements and any consequences arising from the booked travel services.

9.4.9.any disputes or disagreements between the User and the Service Provider must be resolved directly between the parties concerned, and that the Company shall not be involved in any way in such disputes or disagreements.

9.4.10. they have obtained the necessary consent and authorization from the Senior Citizen(s) or their legal guardians to book Services offered through the Platform on their behalf.

9.4.11. The User shall be responsible for ensuring that all necessary permissions and consents are obtained prior to booking any Services through the Platform.

10. TERM

10.1. This Terms and Conditions shall be in force till the completion of Services under this Agreement (hereinafter referred to as “Term”).

    1. 11.1. Immediate Termination

11.1.1. The Company shall have the right to terminate this Agreement 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 User and failure to remedy such breach within 15 days of receipt of written notice from the Company for remedy of such breach of the Agreement; where the breach is committed without any remedy; where the User is committed breach of any of the terms and conditions of this Agreement; where the User has uploaded/provided any false or incorrect information, document or description on the Platform; where the User does not make payment of the stipulated fees in time; and where any insolvency or bankruptcy proceedings have initiated against the Company or the User.

11.2. The Company may temporarily suspend the Account of the User in the event of any breach of obligation as mentioned in this Agreement.  

11.3. Termination for Convenience

11.3.1. The User can terminate this Terms and Conditions 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.

11.3.2. The Company can terminate this Agreement by giving written notice of 30 to the User.


12.1. The User 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 User 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 old age homes listed on the Platform, or for any disputes or disagreements that may arise between the User and the old age homes

12.3. Unless otherwise expressly stated in the Terms and Conditions, User 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. 


The User hereby agrees to hold harmless and indemnify the Company to the fullest extent authorized or permitted by the provisions of the Applicable Law against any and all expenses (including attorneys’ fees), witness fees, damages, judgments, fines, and amounts paid in settlement and any other amounts that the Company becomes legally obligated to pay because of any claim or claims made against or by them in connection with the violation, infringement or misappropriation of the copyright, patent, trademark, or Intellectual Property Rights of a third party and shall indemnify the Company for any damages finally awarded against, and for reasonable attorney’s fees incurred by, the Company in connection with any such claim.


14.1. The User 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 User’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.

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

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


15.1. 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”). 

15.2. It is hereby agreed between the Parties that Intellectual Property of the Company shall solely belong to the Company and the User 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.


16.1. Any damage to the Company from the execution and performance of the rights, duties, obligations, and functions of the User contemplated under this Agreement, the User is liable to pay damages to the Company as may be necessary. 

16.2. The User agrees that breach of any conditions set forth in this Agreement 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 User 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 Agreement, 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.


18.1. Initial Dispute Resolution

Where any dispute between the Parties, in relation to enforcement, interpretation, performance, or breach of any of the clauses of this Agreement 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.

18.2. Arbitration  

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

18.2.2. In the event, the Parties fail to comply with the provisions of clause 16.2.1 of this Terms and Conditions, the Parties may refer to the appropriate court of Mumbai for the appointment of arbitrators.

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

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


This Agreement 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 Agreement or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, or any matters, claims, or disputes under this Agreement shall be under the jurisdiction of appropriate courts in Mumbai.


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

20.2. Modifications to the Agreement: No amendment, modification or addition to this Agreement 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.

20.3. Severability: In the event, any part of this Agreement 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 Agreement.

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

20.5. 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.

20.6. Waiver: No failure to exercise and no delay by any of the Parties in exercising any right, power or privilege under the Agreement 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.

20.7. 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.