Terms of Use for Vendor

1.1. This Platform www.styllrax.com ("Website") and Styllrax ("Mobile Application") (collectively referred to as "Platform") is coined, adopted, maintained and operated by STYLLRAX SOLUTIONS INDIA PRIVATE LIMITED, a company incorporated under Laws of India, having its registered office at FLAT No - 369A, GROUND FLOOR, POCKET 2, MAYUR VIHAR PHASE 1, NEW DELHI - 110091 IN.

1.2. Styllrax is set up to leverage the power of digital technology to empower salons/hair specialists and consumers in India by facilitating consumers in finding and comparing prospective salons/hair specialists in the business of providing hair care, skin care, hair dressing and other ancillary services ("Services") to the customers. ("Customer(s)/User(s)").

3.1. For the purposes of providing Services on the Platform, the Vendor is required to obtain registration in accordance with the procedure determined by Styllrax ("Vendor User Account"). As a part of the registration process, Styllrax may collect certain information from the Vendor including but not limited to (a) Name, (b) Age, (c) Gender; (d) valid e-mail id; (e) location; (f) number of staff members; and (g) GST details. The Vendor may register the Vendor User Account under the following categories: (a) on behalf of a salon ("Salon Account") or (b) for an individual ("Individual Account"). Further, a Salon, upon successful registration of a Salon Account, can facilitate its listed employees to have an individual account under the Salon Account ("Employee Account"). Salon Account, EmployeeAccount and Individual Account shall be collectively referred to as "Vendor User Account(s)".

3.2. The creation of Vendor User Account shall be at the sole discretion of Styllrax. A Salon Account shall only be used by the authorised person of the concerned salon. Further, an Individual Account shall only be used by the persons whose details have been shared with Styllrax. Please note that Styllrax does not permit multiple persons to share a single Vendor User Account. Further, Styllrax does not take any responsibility of any unauthorised use of the Vendor User Account.

3.3. The Vendors shall be responsible for any access to the Platform through the Vendor User Account, whether such access is directly by the Vendor or through any third party. The Vendors will also be responsible and liable to us for all activities that take place or occur in the Vendor User Account. The Vendor agrees that its ability to log into the VendorUser Account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to the Vendor or the Userfor any damages or consequences arising from such Vendor's inability to log into the Vendor User Account.

3.4. The Vendor shall ensure that all the information provided to Styllrax for the purposes of registration or otherwise are accurate and correct at all the times. Further, the Vendor shall make best efforts to correct/update any information which in its knowledge is inaccurate or has changed. If Styllrax has a reasonable ground to suspect that the information provided by a Vendor is inaccurate or misleading, Styllrax reserves the right to discontinue the registration of such Vendor.Although,Styllrax screens and vets the information and photos submitted by the Vendor, Styllrax shall not be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.5. The Vendor shall be required to display the location, services offered, pricing of the services offered, available time slots, staff/crew available along with a brief description of their expertise, pictures and videos (if any), phone number and name of the point of contact, on the Platform.

4.1. When you use our Platform, you are representing to us that:

(i) Your use of the Platform shall not violate any applicable law, and that you fulfil the eligibility criteria set forth under Clause 2 of these Terms;

(ii) All registration information you submit is truthful, complete and accurate and you will maintain the accuracy of such information;

(iii) Your use of the Platform prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our Platform, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;

(iv) You shall not access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;

(v) You shall not use any product or service available on the Platform for purposes other than as contemplated herein, or use the Services in any way that is unlawful, or harms Styllrax or any other person or entity;

(vi) You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform;

(vii) You will not delete or modify any content of the Platform, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos;

(viii) Your use of the Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, 'Updates''), for the purpose of effective delivery of the Services. Please note that your continued use of the Platform following such Updates would mean deemed acceptance by you of the same;

(ix) You have not been convicted nor had a civil judgment rendered against you for commission of fraud or criminal offense or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records and / or making false statements or receiving stolen property;

(x) You are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with the commission of any ot the above offenses;

(xi) You will immediately report any change in the above status to Styllrax;

(xii) You have obtained necessary consent from your employees/staff for uploading their identifiable details including but not limited to name and contact details on the Platform.

4.2. The Services, including all content, software, functions, material, and information made available or accessible through it are provided on an "as is" basis. Styllrax and its affiliates, directors, employees, agents, co-branders or partners, make no representation and warranty of any kind, express or implied, for the content, software, functions, material, and information available/accessible through the Services.

4.3. Styllrax does not warrant that the functions contained in content, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of virus or other harmful components.

5.1. By agreeing to become a service provider on the Platform, a Vendor may avail the following features and functions on the Platform ("Features"):

(i) Register themselves on the Platform while displaying necessary information including but not limited to name, gender, email id, phone number, location, details of the staff members, fees charged for facilitating Services to Users registered on the Platform ("Users");

(ii) Exchange of documents and information on the Platform;

(iii) The Users shall have an option to either (a) to physically visit the salon by booking ("In-Salon Booking"), or (b) to book a specialist to visit the User's determined location for extending Services ("Out Salon Booking"). In either case, the User shall be required to pay the quoted fee to the Company, and the Company will raise an invoice in the name of the User.

(iv) Dashboard: The Vendor shall have access to a dashboard displaying the following information: (a) the number of Bookings made for a given period of time; (b) total amount worth of services provided; (c) on-going appointments; (d) upcoming appointments; (e) staff member break up in relation to the Services extended by them; (f) cancelled bookings; (g) rejected bookings; (h) inventory management; (i) option to add a customer; and (j) offers and incentives, if any. In addition to the above information, a Salon User Account shall also provide for information pertaining to the Bookings made for each of their employees/specialist listed on the Platform.

(v) Upon a successful Booking made by an User, the Vendor shall receive notifications on the registered mobile number, the registered email address and the device on which the Platform is been accessed from (by way of a push notification) capturing the following details: (a) name of the User; (b) type of the Booking made i.e., In-Salon Booking or Out-Salon Booking; (c) type of services proposed to be availed; (d) total service fees; (e) time slot for which the booking has been made; and (f) the address of the User, if the Booking is an Out Salon Booking.

(vi) The Platform shall provide the Vendor with a messaging feature whereby, the Vendor may be allowed to chat and share information with the User upon a successful Booking.

The terms "In-Salon Booking" and "Out-Salon Booking" shall collectively be referred to as Bookings.

5.2. Upon a successful Booking, the Vendor agrees to provide the Services to the User(s) only through the Platform and such Vendor shall not provide any manner of consultation to the User(s) outside the Platform, whether in-person or using any other platform / communication software or method.

5.3. During the term, the Vendor shall enrol and continue to remain enrolledon the Platform by completing the registration formalities and shall perform all related services thereto. The services shall include, but not be limited to the following:

(i) responding to a User's request for consultation and honouring the requests that have been made on the Platform;

(ii) providing a consultation to the User, within the timeslot as provided under the Booking;

(iii) within 24 (twenty-four) hours of acceptance of the request for consultation or such other response time as agreed from time to time;

(iv) encourage use of the Platform for providing services to the Users;

(v) being available for the services to be provided to the Users;

(vi) rendering sound and professional services to the Users;

(vii) rendering services inherent, necessary or customary that a hair specialist/skin specialist would offer in the ordinary course of business; and

(viii) project the the calendar of available time slots on the Platform for the Booking ("Calender") and shall be responsible to keep the Calender updated at all times not later than 2 (two) hours of any update to the Calendar. Further, it is agreed that the Vendor shall not have an option to cancel a Booking if the User has made such a Booking as per the available time and date reflected on the Calender.In the event, any cancellation occurs due to the failure of the Vendor for updating the time slots, the Company shall reserve a right to recover the losses incurred due to such cancellation.

5.4. The Vendor shall verify and confirm the User's identity by name, age, address, e-mail id, phone number or any identification as may be required. Further, the Vendor shall provide a mechanism for a User to verify the credentials and contact details of the Vendor.

5.5. Upon a successful Booking, the fees made by the User for the Booking on the Platform shall be collected by the Company. ("User Service Fees"). Further, the Company shall raise an invoice to the User against such User Service Fees collected by the Company. The Company shall, within 15 (fifteen) days, disburse to the Vendor an amount equivalent to 10% (Ten Percent) of the total User Service Fees collected by the Company for the Services extended by the concerned Vendor ("Vendor Service Fees"). The Vendor shall be required to raise an invoice to the Company for the Vendor Service Fees disbursed by the Company from time to time.

5.6. The User shall have a right to cancel the Booking on the Platform (a) before 2 (two) hours of the scheduled time of such Booking ("Immediate Cancellation") or (b) within 2 (two) hours of the scheduled time of such Booking ("Delayed Cancellation"). Further, the User shall have a right to reschedule such Booking on such date and time as may be available on the Calendar instead of making an Immediate Cancellation or Delayed Cancellation.

5.7. Upon Immediate Cancellationby theUser, or in the event the User is unable to geta rescheduled date/time on the Calender, whichever is later, the User shall have a right to seek a refund of the User Service Fees, and the Company shall be obliged to refund such an amount to the User. In such a scenario, the Company shall not be bound to pay any Vendor Service Fees to the Vendor for such Booking.

5.8. Upon Delayed Cancellation by the User, or in the event the User is unable to get a rescheduled date/time on the Calendar post Delayed Cancellation, whichever is later, the User shall have a right to seek a refund of 50% (Fifty Percent) of the User Service Fees after deducting the transaction fees. In such a scenario, the Company shall be bound to pay a proportionate Vendor Service Fees to the concerned Vendor.

5.9. Notwithstanding anything provided in these Terms, the Out-Salon Booking shall stand automatically cancelled if the Vendor does not turn up within a reasonable time of the scheduled time of such Out Salon Booking ("Vendor No-Show"). Upon occurrence of Vendor No-Show, the Vendor shall have a right to request rescheduling the Booking which may be agreed by the User. Further, upon failure to reschedule, the User shall have a right to claim 100% (one hundred percent) of the User Service Fees from the Company. Further, the Company shall not be bound to pay any Vendor Service Fees to the Vendor.

5.10. Upon successful registration on the Platform, the Vendors shall be provided with accessories including salon kits and barber cape, and clothing bearing brand name and logo of the Company. The Vendor shall be take all reasonable steps to use such accessories and clothing bearing the branding of the Company during extending Services to the User. Further, nothing under these Terms shall transfer the ownership or extend the license to use or modify the intellectual property rights over the brand name and the logo of the Company to the Vendors.

6.1. The Company reserves the copyright and the right to sue any Vendor for copying or using such information without obtaining necessary licenses from the Company as per applicable law.

6.2. We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to these Terms, you hereby agree to abide by our Privacy Policy, which may be updated and/ or modified by us from time to time.

7.1. These Terms shall be construed as "contract for service" entered into between the Company and the Vendor.

7.2. By registering on the Platform, the Vendor is being appointed as a third-party service provider of the Company for undertaking the Services on behalf of the Company. However, nothing under these Terms shall make the Vendor an agent of the Company.

7.3. Considering that the Vendor is being appointed as a third-party service provider of the Company, the Vendor shall, at all times, (a) maintain high quality of Services to be extended to the Users; (b) maintain high check over behaviour of the employees; (c) maintain and abide by an internal "Code of Conduct"; and (d) take all necessary steps to uphold the reputation of the brand name and logo of Styllrax.

7.4. Styllrax uses industry-level security and encryption to your Vendor User Account. However, Styllrax does not guarantee to prevent unauthorized access. In the event you are aware of any unauthorized use or access, you shall immediately inform Styllrax of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@styllrax.com.

7.5. In case you want to delete your Vendor User Account on the Platform, you can do so by contacting our service support team. However only your Vendor User Account and your information recorded with Styllrax will be deleted, and your information, if any stored by your Salons/Specialist(s) may continue to be stored in their respective accounts. Please contact the Salon/Specialist for deleting the same.

If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy at "Privacy Policy" we reserve the right to suspend your access to the Platform and/or delete your Vendor User Account. If we have reason to believe that there is suspicious or unusual activity being carried out through your Vendor User Account, we may temporarily or permanently suspend your access to the Services. You may reach out to the Company's support team at support@styllrax.com to assist you with any query or question arising as a result of the afore-mentioned suspension/deletion to resolve the same.

9.1. Styllrax, the Platform and the Services are protected by copyright, trademarks, patents, trade secret and/or other applicable laws. No information, content or material from the Platform may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without Styllrax's express written permission. You are hereby given a limited licence to use the Services, subject to your agreement of these Terms.

9.2. When you upload, submit, store, send or receive content that may include feedback to or through our Platform, including health records, you give Styllrax a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Styllrax. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This licence continues even if you stop using the Services.

9.3. In addition, use of the Services for any purpose not expressly permitted by Styllrax in these Terms is prohibited and may invite legal action.

10.1. Every Vendor must be qualified in the area of expertise that he / she represents as being his / her qualification. Additionally, every Vendor agrees to undergo such additional qualifications as may be required to provide high quality Service from time to time, including but not limited to any online courses or qualifications prescribed by the relevant authority.

10.2. The Vendor shall not share his / her personal, religious and/or moral views with the User or any visitor on the Platform while issuing their response.

10.3. Each Vendor shall maintain the such records/documents on the Platform as required to be maintained under the internal "Code of Conduct" for such period prescribed. Such records/documents may include the logs or records of interaction and services.

10.4. The Vendors is absolutely and expressly prohibited to:

10.4.1. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content.

10.4.2. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever.

10.4.3. Promote content and activities which are illegal in nature.

10.4.4. Use any information provided by the Users for any other purposes than for providing services under this Agreement.

10.5. In the event of any breach of any obligations / restrictions imposed on the Vendor under these Terms or any other agreement with the Company and / or its affiliates, the Company shall be entitled to take appropriate action not limited toto removal of Vendor from the Platform, in its sole and absolute discretion, on a case to case basis.

10.6. The Platform may be audited on a regular basis by the Company and / or its affiliates for ascertaining compliance by the Vendor, and the Vendor consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by the Vendor.

10.7. The Vendors shall have procured the appropriate insurances/negligence cover indemnity in relation to the Services to be provided to the Users. The Vendors agree to make best efforts to provide to Company at least 30 (thirty) days advance notice, and in any event will provide notice as soon as reasonably practicable, of any cancellation or material modification of said insurance policies.

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, distributors, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively 'Indemnified Parties') from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs and expenses (including any legal fees) arising from:

(i) your use of and access to the Platform and Services, including the Vendor User Account;

(ii) your violation of any of these Terms or the Privacy Policy or the internal "Code of Conduct";

(iii) your violation of any third party right, including any intellectual property right or privacy right;

(iv) the committing of any of the prohibited activitiesunder the applicable laws;

(v) your failure to comply with applicable law, including tax regulations;

(vi) rescheduling and / or cancellation of any Consultation by the Vendor and / or the User;

(vii) payment of any amount made to the Vendor through the Platform by any person;

(viii) any amount paid to the Vendor by any person relating to any Services and such payment is not made through the Platform; or

(ix) any claim that your use of the Platform caused damage to a third party.

12.1. In no event shall Stylark, its officers, directors, employees, agents, distributors, co-branders, licensors, licensees, consultants, or contractors be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Platform or the Services to you or any third party (i) for any lost profits, data loss, goodwill, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising) and/ or other intangible loss, whether or not foreseeable and regardless of whether Stylarkhas been advised of the possibility of such damages, or based on any theory of liability (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source) or any other claim arising out of or in connection with your use of, or access to, the Platform or the Services. Or (iii) for any direct damages for an amount exceeding all User Service Fees paid toYou during the twelve (12) month period immediately preceding the date of the Claim.

The Company reserves its right to terminate/block the VendorUser Account on the grounds including:

(i) if the Vendor(s) furnishes false information,

(ii) for carrying on any prohibited activity under the applicable laws,

(iii) if the Vendor breaches any material obligation under these Terms or Privacy Policy or the internal "Code of Conduct",

(iv) if the Vendor cancels the appointments frequently without assigning any adequate reason,

(v) if the Vendor is engaged in any fraudulent transactions/activities,

(vi) if the Vendor misuses, abuses, indulges in activities causing service disruptions.

Styllrax and its officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the Platform and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform.

When you use our Platform, you may have access to a link that directs you to a different site. The site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. The Company is not responsible for those sites, and may disable these links, upon our review and analysis of the same. The Company disclaims all liability arising from your access to or use of such third-party site.

The Platform, the Services, all your transactions on the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Delhi.

The licence granted hereunder may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of these Terms. We will provide an intimation of such assignment to you, which will be binding on you.

Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy, and no single or partial exercise of any right or remedy under these Terms will prevent further exercise of the right or remedy.

If any provision of these Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid.

In case of any grievance arising from the use of the website or the mobile application, please write to MUDIT KUMAR JAIN, the Grievance Officer at muditj82@gmail.comor write to us at the following address: FLAT No - 369A, GROUND FLOOR, POCKET 2, MAYUR VIHAR PHASE 1, NEW DELHI - 110091 IN..