Smart Care Terms and Conditions

A. Acceptance of Terms

These terms and conditions (“Terms”) govern your access to and use of the services provided via the Smart Care mobile application (collectively, the “Platform”). These Terms, together with the services made available through the Platform, are referred to collectively as the “Services.” These Terms expressly incorporate by reference our Privacy Policy, available at Smart Care App (the “Privacy Policy”), as well as any additional guidelines, supplemental terms, policies, or disclaimers that may be published or otherwise made available by us from time to time (collectively, the “Supplemental Terms”). The Privacy Policy and all Supplemental Terms constitute an integral and enforceable part of these Terms. In the event of any inconsistency between these Terms and any applicable Supplemental Terms, the Supplemental Terms shall prevail with respect to the relevant Services.

B. Legal Agreement

These Terms constitute a legally binding and enforceable agreement between you (“you” or the “Customer”) and SKY LIMIT TECHNOLOGY SOLUTION, a partnership firm having its registered office and principal place of business at 392 Rani Kuthir, Apurbapur, Singur, West Bengal – 712409, together with its affiliates (referred to herein as “SLTS,” “we,” “us,” or “our”). By accessing or using the Services, you represent and warrant that you possess the legal capacity and authority to enter into and be bound by these Terms. If you are acting on behalf of another individual or legal entity, you further represent and warrant that you have been duly authorized to bind such individual or entity to these Terms.

C. Binding Nature of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as may be updated or amended from time to time. You further agree to comply with all applicable policies and requirements set forth herein. These Terms supersede all prior agreements, communications, or understandings, whether written or oral, relating to your use of the Services. If you do not agree to these Terms or are unwilling to comply with their requirements, you must immediately cease using the Services.

1. SERVICES

a) The Services provided by SLTS include access to the Platform, which enables users to schedule and arrange various home-based services offered by independent third-party service providers (the “Service Professionals”). As part of these Services, SLTS facilitates the processing and transfer of payments from users to Service Professionals for services rendered, and may collect such payments on behalf of the respective Service Professionals.

b) The services actually performed by the Service Professionals shall be referred to as the “Pro Services.” For the avoidance of doubt, the term “Services” as used in these Terms does not include the Pro Services. SLTS does not provide, perform, or assume any responsibility for the Pro Services. Service Professionals remain solely liable and responsible for the Pro Services that they offer or provide via the Platform. SLTS and its affiliates neither employ nor engage the Service Professionals as agents, contractors, or partners. Service Professionals shall not be deemed to be representatives of SLTS and shall have no authority to bind or act on behalf of SLTS in any capacity.

c) The Platform is intended solely for your personal, non-commercial use, unless expressly authorized otherwise pursuant to a separate written agreement. The Platform and Services are designed for use within the territory of India. If you access or use the Platform, Services, or Pro Services from any jurisdiction outside India, you shall be deemed to have accepted the terms and conditions applicable to such jurisdiction, as determined by SLTS in its sole discretion.

d) The Services may be made available under various brands owned by or licensed to SLTS and/or its affiliates, and such use shall be governed by these Terms and any applicable brand-specific policies.

e) As part of the Services, SLTS may send you text messages, emails, or WhatsApp messages related to your bookings, use of the Services, or for marketing and promotional purposes. You may opt out of receiving such communications by contacting SLTS at privacy@smartcare.ind.in or adjusting your preferences in the Platform settings. You acknowledge, however, that opting out may affect your ability to use the Services, or certain features thereof.

f) You may be required to furnish valid identification proof in order to access or use the Services or Pro Services. You hereby agree to provide such identification upon request. Failure to do so may result in denial of access to the Services or Pro Services.

g) SLTS Credits

i) From time to time, SLTS may, at its sole discretion, issue promotional codes or other benefits that may be redeemed for credits, features, or discounts applicable to the Services and/or Pro Services (“SLTS Credits”), subject to any additional terms and conditions applicable to such promotional offers.

ii) By accepting or using SLTS Credits, you agree that:

you shall use SLTS Credits lawfully and solely for the intended purposes as specified by SLTS;
you shall not duplicate, sell, transfer, or disclose SLTS Credits in any manner, including publishing them on public forums, without SLTS’s prior written consent;
SLTS reserves the right to disable any SLTS Credits at any time and for any reason, without incurring any liability to you;
SLTS Credits are not redeemable for cash or cash equivalents; and
SLTS Credits may expire prior to use, in accordance with their stated terms or at SLTS’s discretion.

iii) SLTS may, in its sole discretion, distribute SLTS Credits to certain users only. As a result, different users may be charged different amounts for similar or identical Services or Pro Services, depending on whether they have received SLTS Credits.

iv) SLTS reserves the right to withhold, cancel, or reverse SLTS Credits or any associated benefits if it reasonably believes that such SLTS Credits were granted or redeemed in error, or as a result of fraudulent, illegal, or otherwise unauthorized activity, or in violation of the applicable terms or these Terms.

2. ACCOUNT CREATION

a) In order to access and use the Services, you are required to register and maintain an account on the Platform (the “Account”). As part of the registration process, you may be required to submit certain personal information, including, but not limited to, your mobile phone number. By creating an Account, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract.

b) You represent and warrant that all information provided by you in connection with the creation and maintenance of your Account is accurate, current, and complete. You further agree to update such information promptly in the event of any changes or modifications to ensure that it remains true, accurate, and complete at all times.

e) By registering for and using the Services, you consent to receive communications from SLTS, including but not limited to:

payment-related requests or confirmations;
information and updates regarding SLTS and the Services;
promotional messages, offers, or information about third-party products and services; and
other communications relevant to your use of the Platform or Services. Such communications may be sent via SMS, email, WhatsApp, or any other means of electronic communication.

3. USER CONTENT

a) The Platform may include interactive features and functionalities that permit registered users to post, upload, publish, display, transmit, or submit content, including but not limited to comments, reviews, suggestions, feedback, ideas, and other materials (“User Content”).

b) In connection with the provision and quality assurance of the Services, SLTS may request that you submit reviews regarding Service Professionals. You further acknowledge and agree that Service Professionals may submit reviews regarding your conduct as a Customer. You represent and warrant that any reviews or feedback you provide shall be truthful, accurate, and not misleading. Such reviews may be used by SLTS for quality control purposes and to assess whether Customers and Service Professionals are suitable users of the Platform. SLTS reserves the right, at its sole discretion, to terminate your Account and restrict your access to the Platform if it determines that you are not an appropriate user.

c) You hereby grant SLTS a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to:

use, publish, display, store, host, transfer, process, transmit, communicate, distribute, make available, modify, adapt, translate, and create derivative works from the User Content in connection with the operation and provision of the Services; and
use the User Content for the limited purposes of marketing, advertising, promoting the Services, or producing evidence in legal or regulatory proceedings before any court or competent authority, in accordance with applicable law.

d) In connection with the rights granted under this clause, you hereby waive any and all claims related to moral rights or any analogous rights you may have in the User Content, to the fullest extent permitted by applicable law.

e) You acknowledge and agree that SLTS may, at its sole discretion and without prior notice, remove, disable, or otherwise restrict access to any User Content that it determines to be in violation of these Terms or otherwise inappropriate.

a) You hereby consent to the collection and use of your personal data by SLTS in accordance with its Privacy Policy, available at Smart Care App. The Privacy Policy describes the categories of personal data collected and/or processed by SLTS and the purposes and manner of such processing.

b) In addition to any consent provided under the Privacy Policy, you expressly consent to SLTS sharing your personal information with its affiliates and third-party service providers. SLTS may use data related to your usage of the Services for purposes including but not limited to service delivery, analytics, trend analysis, statistical assessment, enhancement of Services, promotional schemes, new offerings, and overall user experience improvement.

c) Subject to applicable laws, SLTS may be legally required to disclose your personal data to governmental authorities or law enforcement agencies in connection with civil or criminal proceedings. You understand and agree that SLTS is entitled to make such disclosures without further notice to you.

5. BOOKINGS

a) Orders: The Platform enables you to request and schedule Pro Services at your convenience, subject to the availability of time slots. Bookings shall be made by following the instructions provided on the Platform and supplying the necessary information. While SLTS shall make reasonable efforts to assign a Service Professional for the requested time, if no such assignment is possible, SLTS shall notify you and offer an alternative time slot.

b) Confirmation: Upon placing a booking request, SLTS shall confirm your request through SMS, email, or push notification. Once confirmed, you shall be required to make payment as per these Terms or as displayed on the Platform. Confirmation of the assigned Service Professional shall likewise be communicated through the Platform or other aforementioned channels.

c) Cancellations: Bookings cancelled prior to confirmation on the Platform shall not be subject to any charges. Cancellation fees, where applicable, shall be governed by SLTS’s prevailing cancellation policy.

d) Substitution: In the event that the designated Service Professional becomes unavailable, SLTS shall endeavour to assign a substitute from among its registered Service Professionals.

6. PRICING, FEES, AND PAYMENT TERMS

a) SLTS reserves the right to levy charges for Services or other features offered via the Platform, from time to time, at its sole discretion.

b) Charges and Fees Related to Pro Services:

i) For Pro Services booked through the Platform, you shall be required to pay:

the base service fee as indicated during booking;
any charges for additional services rendered;
out-of-pocket expenses incurred by the Service Professional; and
the cost of any materials or goods used in the performance of the Pro Services (collectively, “Charges”).

Additionally, SLTS may charge a facilitation fee for processing the booking and payment (the “Fees”). Your final invoice may include ancillary charges such as safety, warranty, insurance, or welfare fees.

(ii) Applicable Charges, Fees, and permitted payment methods shall be disclosed at the time of booking. Payment may be made via debit/credit card, net banking, digital wallets, UPI, or cash upon completion, subject to availability of such modes. SLTS reserves the right to restrict certain payment methods at its discretion.

(iii) Charges and Fees may be payable at the time of booking or post-completion of the Pro Services, as specified on the Platform.

(iv) Charges are remitted to Service Professionals, with SLTS acting solely as a limited collection agent for the purpose of collecting and remitting payments on their behalf.

(v) All Charges and Fees displayed are inclusive of applicable taxes.

(vi) SLTS may revise Charges or Fees at any time. Such revisions shall not affect bookings confirmed prior to the publication of the revised amounts.

(vii) Charges and Fees are final and non-refundable unless otherwise required under applicable law or explicitly permitted by SLTS.

(viii) SLTS may apply dynamic pricing during periods of high demand, which may result in higher Charges or Fees. You shall be solely responsible for payment regardless of your awareness of such adjustments.

c) Payment Process: Payments may be processed via third-party payment gateways (“Payment Processors”), and are subject to the terms and privacy policies of such Payment Processors. SLTS shall not be liable for any failure or error arising from payment processing. Any refund resulting from a failed transaction shall be processed as per the Payment Processor’s terms.

d) Cancellation: You may cancel your request for Pro Services prior to the arrival of the Service Professional, subject to cancellation charges in accordance with SLTS’s cancellation policy. SLTS reserves the right to levy applicable taxes on such cancellation charges.

e) Subscriptions: SLTS may offer subscription-based packages (by whatever name) from time to time, which may include benefits such as discounted services. These shall be subject to additional terms and conditions, which shall be deemed incorporated into these Terms.

f) Gratuities: SLTS does not designate any portion of your payment as a gratuity or tip to Service Professionals. Any indication that a tip is “included” or “not required” is not intended to suggest that additional amounts are paid to Service Professionals by SLTS. Any tip or gratuity is entirely discretionary and voluntary.

7. CUSTOMER CONDUCT

a) Discrimination of any form against Service Professionals, including on the basis of caste, creed, religion, race, sex, gender identity, marital status, disability, age, or other protected characteristics under applicable law, is strictly prohibited. Refusal to accept or avail services on discriminatory grounds may result in denial of access to the Platform.

b) You shall treat all Service Professionals with dignity, courtesy, and respect. You shall ensure that the location for provision of the Pro Services is clean, safe, and appropriate. Service Professionals reserve the right to decline service in the event these conditions are not met or if they are subject to rude, abusive, or inappropriate behaviour. SLTS reserves the right to suspend or permanently terminate your access to the Platform for any such conduct.

c) You agree to be liable for any failure to provide a safe and suitable environment for the Pro Services or for any discriminatory conduct. You are also required to disclose any relevant information that may impact the Service Professional’s ability to perform their duties or affect their health, safety, or well-being.

d) If a Service Professional behaves in a discourteous, abusive, unlawful, or inappropriate manner, you shall report such conduct to SLTS at grievance@smartcare.ind.in within twenty-four (24) hours of the incident.

8. THIRD PARTY SERVICES

a) The Platform may include services, content, materials, and information that are owned by, licensed to, or otherwise made available by third parties (“Third Party Services”) and may contain links to such Third Party Services. You acknowledge and agree that the Third Party Services are the sole responsibility of the respective third party that created or provided them, and your access to or use of such Third Party Services shall be at your sole risk and discretion.

b) SLTS makes no representations and expressly disclaims all warranties and liabilities arising from or relating to such Third Party Services, including without limitation the accuracy or completeness thereof. Your use of Third Party Services shall be governed by the applicable terms and conditions and privacy policies of the third parties providing such services. All intellectual property rights in and to the Third Party Services are the exclusive property of the respective third-party providers.

9. YOUR RESPONSIBILITIES

b) You agree to provide full cooperation to SLTS in connection with any claim, dispute, or legal proceeding arising from a breach of your representations, warranties, or obligations under these Terms.

c) With respect to any User Content submitted by you, you represent and warrant that:

(i) you own or have secured all rights necessary to submit such User Content and to grant the licenses described in these Terms;
(ii) you are solely responsible for all activities conducted through your Account and for all User Content submitted through the Platform;
(iii) your User Content does not and will not violate any agreements or legal obligations to which you are subject;
(iv) your User Content does not and will not infringe upon or misappropriate any intellectual property rights or other proprietary rights, including rights of privacy or publicity, of any third party;
(v) your User Content is free of viruses, malware, corrupted data, or any other harmful, disruptive, or destructive content;
(vi) your User Content does not and will not violate any applicable laws or third-party rights; and
(vii) your User Content does not

(A) belong to another person without authorization,
(B) pose a threat to national unity, integrity, security, or public order,
(C) incite criminal acts or defame others,
(D) involve or promote illegal, obscene, or harmful activities, or
(E) otherwise restrict or inhibit another’s enjoyment of the Services.

d) You shall not use the Services in any manner except as expressly permitted under these Terms, including without limitation the following restrictions:

infringing upon intellectual property or proprietary rights;
copying, distributing, modifying, or licensing the Services except as expressly permitted;
transmitting harmful or malicious software;
using bots, spiders, or automated systems to interact with the Platform;
harvesting or compiling content or data from the Platform;
engaging in unlawful, fraudulent, or inconsistent conduct;
reverse engineering or disassembling the Services;
framing, mirroring, or linking to the Services;
violating applicable laws or regulations.

e) You agree not to engage in any conduct that disrupts or interferes with the integrity or performance of the Services.

f) You agree not to attempt to gain unauthorised access to any portion of the Services, servers, or systems connected thereto by means of hacking or similar methods.

g)You shall not directly or indirectly solicit, engage, or approach any Service Professional outside the Platform in a manner that would result in them ceasing their relationship with SLTS or offering similar services independently. You acknowledge that this restriction is fair and necessary for the protection of Service Professionals and the Platform ecosystem.

10. OUR INTELLECTUAL PROPERTY

a) All intellectual property rights in and to the Services are owned by or licensed to SLTS. Subject to your compliance with these Terms, SLTS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in accordance with these Terms.

b) You may be invited to provide feedback or suggestions regarding the Services (“Feedback”). You agree that SLTS may use, disclose, publish, and exploit such Feedback without restriction and without any obligation of compensation or attribution.

c) Except as expressly stated, nothing in these Terms shall be construed as granting any rights or licenses to SLTS’s or any third party’s intellectual property.

11. TERM AND TERMINATION

a) These Terms shall remain in effect until terminated in accordance with this Clause.

b) SLTS may, at its sole discretion, suspend, deactivate, or terminate your access to the Services (in whole or in part) immediately if you: (i) breach any provision of these Terms or applicable policies; (ii) cease to qualify as a user under applicable law or SLTS’s internal standards; (iii) breach Community Guidelines; or (iv) upon 30 (thirty) days’ notice, or immediately for any business, regulatory, or legal reason.

c)You may terminate these Terms by providing written notice to SLTS via the designated contact method.

d) Upon termination:

(i) your Account shall be deactivated;
(ii) access to Services shall cease; and
(iii) provisions that are intended to survive shall continue in full force and effect.

12. DISCLAIMERS AND WARRANTIES

a) The Services are provided on an “as is” and “as available” basis. SLTS disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

b) No oral or written information provided by SLTS shall create any warranty not expressly stated herein.

c) While SLTS attempts to maintain accurate pricing and service information, errors may occur.

d) SLTS acts solely as an intermediary connecting users with Service Professionals and is not responsible for the performance of any such professionals or fulfilment of any services booked.

f) SLTS does not guarantee the quality or reliability of Service Professionals.

g) You accept full responsibility for any consequences arising from your use of the Services or Pro Services.

h) SLTS maintains a complaint redressal framework, subject to applicable laws.

i) To the extent permitted by law, SLTS disclaims liability for:

any interruption, delay, or failure in the Services;
unauthorised access to systems or data;
data loss or corruption;
unavailability of the Services.

j) In no event shall SLTS or its affiliates be liable for indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages.

k) SLTS’s total liability under these Terms shall not exceed the commission earned in respect of the relevant booking or INR 2,000, whichever is lower.

l) Nothing in these Terms shall exclude liability where such exclusion is not lawful under applicable law.

13. INDEMNITY

You shall indemnify and hold harmless SLTS, its affiliates, partners, and personnel from and against all claims, damages, liabilities, and expenses arising out of your use of the Services, breach of these Terms, or use of your Account by any third party.

14. JURISDICTION, GOVERNING LAW, AND DISPUTE RESOLUTION

a) These Terms shall be governed by the laws of India. Courts located in West Bengal shall have exclusive jurisdiction.

b) Any dispute, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Kolkata in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by SLTS. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need-to-know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

15. GRIEVANCE REDRESSAL

a) You may contact our Grievance Officer with any concerns:

Name: Piu Bag
Designation: Business Communicator and Compliance Officer
Email: grievance@smartcare.ind.in

b)SLTS will ensure resolution of complaints within the timelines prescribed under applicable laws.

16. MISCELLANEOUS

a) SLTS reserves the right to amend these Terms at any time, with changes effective immediately upon posting. Continued use constitutes acceptance.

b) SLTS may add, modify, or discontinue the Services at its sole discretion without liability.

c) If any provision is held to be unlawful or unenforceable, such provision shall be severed to the extent necessary, and the remainder of these Terms shall remain valid.

d) You may not assign or transfer your rights under these Terms without SLTS’s prior written consent. SLTS may assign its rights without notice.

e) All formal notices to SLTS shall be sent to the designated address provided.

f) These Terms do not create any third-party beneficiary rights.

g) SLTS shall not be liable for any delay or failure resulting from causes beyond its reasonable control, including force majeure events.

TERMS AND CONDITIONS