Patient & Family Service Agreement

Patient, Family & Next-of-Kin (NOK) Service Agreement

This Agreement is between the Patient (and/or their Family / Next-of-Kin acting on the Patient’s behalf, collectively “Family”) and the independent Service Provider (“Staff”) engaged through the workeezi.in platform (“Workeezi”). By confirming a booking, the Family accepts the terms below.

1. Role of Workeezi (Facilitator Only)

Workeezi operates solely as a technology marketplace connecting Families with independent, background-verified Staff. Workeezi is not the employer of Staff, is not a medical provider, and does not itself deliver any nursing, medical, physiotherapy, or caregiving service. All services are performed directly by the Staff member as an independent professional.

2. Acknowledgment and Acceptance of Risk

The Family acknowledges that home-based care involves inherent risks, including but not limited to medical complications, changes in patient condition, and risks arising from the home environment itself. The Family agrees to provide a reasonably safe, hygienic, and non-hostile environment for the Staff member to perform their duties.

3. Staff Safety & Code of Conduct for the Household

The Family agrees that no member of the household shall behave in a threatening, abusive, harassing, or otherwise inappropriate manner toward the Staff member, including any conduct of a sexual or molestation nature. Any such conduct, if reported and reasonably substantiated, will result in immediate suspension of service and may be reported to the appropriate police authorities. Workeezi reserves the right to withdraw Staff from an assignment immediately if safety concerns are raised, without liability to Workeezi.

4. Medical Outcomes & Negligence

Staff are independently qualified and verified professionals, responsible for their own clinical judgment and conduct during service delivery. Workeezi does not guarantee any medical outcome. Any claim relating to medical negligence, error, or adverse outcome arising from the Staff member’s actions is a matter directly between the Family/Patient and the Staff member, including recourse to the Staff member’s professional council, licensing body, or applicable law. Workeezi’s role is limited to facilitating the booking and is not a party to any such claim.

5. Theft, Loss, or Damage at the Home

The Family is responsible for taking reasonable precautions to secure valuables, cash, and personal property during the service period. In the event of any alleged theft, loss, or damage caused by a Staff member, liability rests directly and solely with that Staff member as an individual. The Family may report such incidents to Workeezi, which will assist in facilitating communication and providing available verification records to the Family and/or law enforcement, but Workeezi bears no financial liability for such incidents.

6. Data Privacy & DPDP Act, 2023

The Family consents to Workeezi and the assigned Staff member processing the Patient’s personal and health-related information strictly for the purpose of delivering the requested service, in accordance with the Digital Personal Data Protection Act, 2023. Staff members are bound to keep all patient information confidential and are prohibited from disclosing or using it for any purpose outside the service being delivered. The Family may contact Workeezi’s designated grievance officer to access, correct, or request deletion of personal data, subject to applicable law.

7. Next-of-Kin (NOK) Authority

Where the Patient is unable to provide consent directly (due to age, medical condition, or incapacity), the Next-of-Kin confirms they hold the lawful authority to consent to services and to accept this Agreement on the Patient’s behalf, and to provide accurate medical history and information necessary for safe care delivery.

8. Emergency Procedures

In the event of a medical emergency, the Family remains responsible for contacting local emergency medical services immediately. The Staff member will assist within their professional capacity. The Family agrees to keep at least one emergency contact reachable at all times during the service period.

9. Limitation of Workeezi’s Liability

Save for the liability allocations expressly set out elsewhere in this Agreement (which allocate liability for medical negligence, theft, and personal-safety incidents directly between Staff and Patient/Family/NOK), Workeezi’s own aggregate liability to Patient/Family/NOK arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the greater of (a) the total fees, if any, paid by Patient/Family to Workeezi directly (as distinct from fees paid to Staff for services rendered) in the three (3) months immediately preceding the event giving rise to the claim, or (b) ₹25,000 (Rupees Twenty-Five Thousand).

Workeezi shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of income, profit, or opportunity, arising out of or in connection with this Agreement or the Platform, even if advised of the possibility of such loss.

Nothing in this section shall operate to exclude or limit Workeezi’s liability for (a) death or personal injury caused by Workeezi’s own gross negligence or willful misconduct, (b) fraud or fraudulent misrepresentation by Workeezi, or (c) any liability that cannot lawfully be excluded or limited under applicable Indian law.

10. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by an event beyond that party’s reasonable control, including but not limited to: natural disaster, epidemic or pandemic, act of war or terrorism, civil unrest, strike or labour action, governmental order or restriction, or failure of internet, telecommunications, or payment-system infrastructure (“Force Majeure Event”).

A party seeking to rely on this section shall notify the other party as soon as reasonably practicable after becoming aware of the Force Majeure Event, and shall use reasonable efforts to mitigate its effects. Given the health/care-continuity context of this Agreement, Workeezi shall additionally use reasonable efforts to assist Patient/Family/NOK in identifying alternative care arrangements during any Force Majeure Event affecting Staff availability, on a best-efforts, non-guaranteed basis.

If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement by written notice to the other, without liability for such termination (save for accrued rights and obligations arising prior to the Force Majeure Event).

11. Stamp Duty, Grievance Redressal & Statutory Compliance

11.1 Stamp Duty
This Agreement shall be stamped in accordance with the Indian Stamp Act, 1899 and the stamp legislation applicable in the state where it is executed. The parties acknowledge that an inadequately stamped instrument may be inadmissible in evidence in Indian courts and, per N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., may also affect the enforceability of any arbitration clause contained within it.

11.2 Grievance Officer
Workeezi shall designate a Grievance Officer in accordance with the Consumer Protection (E-Commerce) Rules, 2020, whose name and contact details shall be published on the Platform and made available to Patient/Family/NOK on request, for escalation of complaints relating to this Agreement or the Platform.

11.3 IT Act & DPDP Concurrency
The data-privacy obligations elsewhere in this Agreement operate concurrently with, and do not replace, Workeezi’s obligations under Section 43A of the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”). Where the SPDI Rules impose a standard stricter than the Digital Personal Data Protection Act, 2023, the stricter standard shall apply.

12. Governing Law & Jurisdiction

This Agreement shall be governed by the laws of India. Any dispute arising out of this Agreement, including matters relating to safety, negligence, data privacy, or financial claims, shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.