TERMS & CONDITIONS

Welcome to CubNesto LLP.

By booking services through our website or mobile application and selecting “I Agree”, you acknowledge that you have read, understood, and agreed to the following Terms & Conditions.

The Company reserves the right to modify, update, or amend these Terms at any time, at its sole discretion. Any changes shall become effective immediately upon posting on the Platform. Continued use of the Platform after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically.

For the purposes of these Terms:

• Client refers to the parent, guardian, or family member who books or requests caregiver services for a baby, child, or mother through the Platform. The Client selects the service plan, service duration, and provides the necessary care requirements.
• Caregiver refers to a trained and verified individual who is employed or engaged by the Company to provide childcare or mother-care services such as newborn care, infant care, nanny support, or related assistance to Clients. The Caregiver is assigned by the Company to deliver services during the Service Period.
• User refers to any person who accesses, registers on, or uses the Platform, including Clients and any individual interacting with the Platform for information or service-related purposes.
• Platform refers to the Company's digital system, including its website, mobile application, and backend technology used to manage service requests, client interactions, caregiver assignments, and overall service operations.
• Service Period refers to the specific duration for which a Caregiver is assigned by the Company to provide services to the Client, starting from the confirmed service commencement date and time and ending on the scheduled completion date based on the selected service plan (hourly, day, or monthly), unless modified or terminated in accordance with the Company's policies.

The Platform provides trained personnel for home-based postpartum and postnatal care support under the following categories:

1. CubNesto Japa Care or Japa Maid (Postpartum & Newborn Care)
2. CubNesto Night Nanny (Night Support Program)
3. CubNesto Nanny and Babysitter (Nanny Program)
4. CubNesto Nursing Care (Premium Medical Support)

Service Location

Services will be delivered only at the client's residence or the service location specified at the time of booking, for the agreed duration and shift timing. No change in the service location will be permitted during the active service period. If the client wishes to receive services at a different location, it will be treated as a new booking, subject to caregiver availability, serviceability, and applicable pricing.

5.1 Employment Structure

CubNesto is a service aggregation platform that connects clients with caregiver. We do not directly employ the caregiver or service provider. Instead, we act as a facilitator, enabling customers to engage with independent care providers who have undergone basic caregiving training and background verification.

The Client makes all payments directly to the Company, and no payment shall be made directly to the Caregiver.

5.2 Company Responsibilities

• Screens caregivers based on qualifications, experience, and role suitability
• Conducts background verification as reasonably practicable
• Provides role-based training and service orientation
• Defines scope of responsibilities for each service category
• Assignment of caregiver
• Caregiver Payment disbursement
• Service supervision
• Replacement (subject to availability)

5.3 Medical & Institutional Limitation

The Company does not operate as:

• A hospital
• An emergency medical service
• A diagnostic center
• A substitute for paediatrician, neonatologist, or gynaecologist consultation

All medical decisions remain under the supervision of the child's paediatrician or the mother's treating doctor.

5.4 Authority Limitation

Caregivers are authorized to perform only those duties defined in the service agreement. They are not authorized to:

• Provide independent medical diagnosis
• Prescribe medication
• Perform invasive medical procedures
• Make emergency medical decisions without parental involvement

5.5 Non-Solicitation & Direct Hiring Restriction/ Anti-Poaching

During the service period and for 3 months thereafter, the Client agrees not to directly employ, solicit, or engage the assigned Caregiver outside the Company without written consent. If this is breached, a service continuation fee equal to one month's booking amount applies.

Services include only those tasks clearly defined under:

• Feeding assistance
• Baby hygiene care
• Sleep assistance
• Age-appropriate stimulation
• Basic mother support (if applicable)

Detailed scope is defined in the service description shared at the time of booking.

The following are strictly excluded:

• Emergency medical procedures
• Injections, IV fluids, oxygen administration
• Diagnosis of medical conditions
• Prescription of medicines
• Household chores unrelated to mother and baby care
• Cooking for entire family
• Overnight care
• Care of other children unless enrolled in the service
• Any illegal or unethical activity

The caregiver is not authorized to replace professional medical consultation.

The Client agrees to:

• Provide a safe, clean, hygienic, and respectful working environment for the caregiver.
• Provide a suitable seating/rest area and access to basic drinking water during the caregiver's shift.
• Share complete and accurate information regarding the mother, baby, and household, including medical history, allergies, infections, medications, routines, and any special care requirements.
• Provide all necessary supplies required for care, including diapers, wipes, feeding equipment, formula (if applicable), medicines, thermometer, sanitizer, gloves, masks, baby toiletries, and other consumables. Caregiver or Platform will not provide any supplies used during the care of mother and baby.
• Treat the caregiver with dignity, respect, and without discrimination, harassment, abuse, intimidation, or inappropriate behaviour.
• Communicate all service-related requests, attendance issues, complaints, schedule changes, or feedback only through the CubNesto CareConnect App or the CubNesto Operations Team.
• Make all payments as per the agreed payment schedule and only through the approved payment methods provided by CubNesto.
• Ensure the caregiver is assigned only duties that fall within the agreed scope of the booked service.
• Not employ, directly hire, or privately engage the assigned caregiver during the service period or for the restricted period specified in these Terms & Conditions, without prior written approval from CubNesto.
• Not request the caregiver to travel to another residence or service location during an active booking. Any change in service location requires a new booking and confirmation from CubNesto.
• Immediately report any accident, injury, safety concern, misconduct, or emergency involving the caregiver, mother, or baby to CubNesto.
• Cooperate with CubNesto in resolving service-related concerns, investigations, or quality assurance checks.
• Ensure that children, family members, pets, or visitors do not interfere with the caregiver's ability to safely perform assigned duties.
• Comply with all applicable laws, society rules, and building regulations that may affect service delivery.

The Caregiver agrees to:

• Provide truthful information and valid documents
• Perform duties professionally
• Treat the mother, baby, family members, and household staff with dignity, respect, and courtesy.
• Maintain the confidentiality and privacy of all client information and not disclose any personal, medical, or household details to any third party.
• Inform both the customer and company in case of service discontinuation
• Maintain accurate daily care logs and attendance through the CubNesto CareConnect App or any reporting method prescribed by CubNesto.
• Use and handle the Client's belongings, baby care products, and equipment responsibly and only for the intended purpose.
• Not accept cash payments, gifts, loans, or personal employment offers directly from the Client without prior written approval from CubNesto.
• Immediately inform CubNesto if they are unable to report for duty due to illness, emergency, or any other unavoidable reason.
• Wear the prescribed CubNesto uniform and display their identification card, where applicable.
• Comply with all applicable laws, safety regulations, and CubNesto policies throughout the service period.

CubNesto offers care services in fixed-hour monthly packages.

9.1 Service Validity

• Your service package is valid for 30 consecutive calendar days from the service start date.
• You can use your booked service as per the agreed daily shift timing.
• The service will end when either:
  • All the purchased service hours are used, or
  • 30 calendar days are completed
  whichever happens first.

9.2 CubNesto-Initiated Service Interruption

• If the assigned caregiver is unavailable due to absence or any other service interruption attributable to CubNesto, the corresponding unserved service hours will be carried forward and provided after the original service period.
• The Client will not lose any service hours due to such interruptions, and the next billing cycle will begin only after the pending hours have been completed.

9.3 If the Client is Unavailable

• If the client is travelling, unavailable, ask the caregiver not to report, or are unable to receive the service during the active service period, that day will be considered a service day.
• The booked daily service hours (8, 9, 10, 11, or 12 hours, as applicable) will be deducted from your package.
• No extension, refund, credit, or carry-forward will be provided for such days.

9.4 Shift Timings

• Your daily shift timing will be finalized before the service starts.
• Any permanent change in shift timing is subject to caregiver availability and CubNesto's approval.
• Temporary changes or rescheduling requests may not always be possible.

9.5 Unused Hours

• Any unused service hours remaining after the 30-day validity period will automatically expire unless the delay was caused by CubNesto.
• Unused hours cannot be refunded, transferred, or adjusted to another booking unless approved by CubNesto in writing.

9.6 Service Hour Utilization

• Any time the caregiver works beyond the booked daily shift will be counted towards your total purchased service hours.
• For example, if you have booked an 8-hour package and the caregiver works for 10 hours on a particular day, 10 hours will be deducted from your total available package hours.
• The service will continue until either all purchased hours are utilized or the 30-day validity period ends, whichever occurs first.

The Platform strictly upholds the dignity and human rights of every caregiver.

The Client agrees:

• No verbal abuse, humiliation, or discriminatory remarks
• No physical intimidation or unsafe work conditions
• No forced overtime without consent
• No surveillance in private areas (washroom, changing area)
• No requirement or compulsion for caregivers to bathe at the client's residence; caregivers shall report after bathing at home, with mandatory hand hygiene before commencing service.
• Violation may lead to immediate termination of service without refund

The caregiver has the right to:

• Safe work environment
• Scheduled breaks
• Respectful communication
• Escalation of grievances to the Platform

All payments are handled within the CubNesto app.

The company consistently operates with integrity and a strong sense of responsibility. However, in the interest of transparency:

The Platform shall not be held liable for any pre-existing medical conditions, undisclosed health complications, natural infant health risks, theft, property damage, injury, or loss, personal conflicts, indirect or consequential damages and any events beyond reasonable control.

The Company's liability is limited to the service fee paid for the current billing cycle.

Both Client and Caregiver agree:

• No sharing of personal information.
• No social media posting of baby or caregiver without consent
• No misuse of contact details outside platform agreement

The Company may terminate services without Notice if: abuse or harassment occurs, payment default occurs, unsafe work conditions are found, false accusations, illegal activity is requested, or policy violations.

Clients may terminate with prior notice as per cancellation policy.

The Company shall not be liable for service interruption due to:

• Natural disasters
• Government restrictions
• Pandemic lockdown
• Political unrest
• Circumstances beyond reasonable control

All content on the Platform, including text, logos, branding, and layout, belongs to the Company and cannot be copied or reproduced without prior written permission.

Use of the Platform is also governed by the Privacy Policy.

Users consent to the collection and processing of data as described therein.

Any dispute shall first be addressed through internal grievance redressal.

If unresolved, jurisdiction shall lie within the courts of Noida / Ghaziabad, Uttar Pradesh.

In accordance with the provisions of the Information Technology Act, 2000, acceptance of these Terms and Conditions through electronic means shall be considered legally valid and binding.

By accessing, registering, or using the Platform, or by clicking on "I Agree", "Accept", or similar options, the user provides consent to these Terms and Conditions electronically. Such electronic acceptance shall have the same legal effect as a physical signature.

The user acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions and any related policies of the Company.