THIS AGREEMENT (the “Agreement”) is made and entered between Strike A Pose Fashion India Pvt. Ltd. having its registered office at 944, Sushant Lok Phase-1, Gurugram (hereinafter referred to as the “Company”), which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART and, a “Customer”. For purposes of this Agreement, Customers are referred to individually as a “Party” and collectively as the “Parties”. The customer is responsible for the usage of its affiliates.
- the Company runs and operates a platform by the name of Style Buddy (www.stylebuddy.in) (hereinafter referred to as the “Platform”) which is inclusive of a website and mobile application, and the Company also performs the Platform’s associated administrative services. The Platform enables the customers/users to book a designated resource (in form of a service provider) for themselves for the provision of Fashion and Beauty services such as Personal Styling, Fashion Designing, Beauty Services, Event Styling, online sale of clothes, accessories and beauty products, etc. (hereinafter referred to as the ”Services”);
- the Service Provider is a professional and independent service provider in the business of providing the Services to the Customer as enlisted hereinabove.
- Customer enters into two contractual relationships, the first contract being with the Company, governing the Customer’s access to and use of the website www.stylebuddy.in (“Terms”) and the second contract being this contract between a Service Provider and the Customer for the provision of the Services.
NOW THEREFORE, in consideration of the above recitals, the Parties hereby agree as follows:
- The Company undertakes to provide transit and access services to Customers under this Agreement. It agrees to provide those Services set forth herein in accordance with these terms and conditions and any Service Order generated by the Customer hereunder.
- Customer acknowledges, undertakes, and agrees that the Services shall be offered by Platform subject to (a) compliance with all applicable laws and regulations; (b) any applicable tariffs (“Tariff”); and (c) any regulatory authorizations.
By making a booking on the Platform, the Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement and that the Services are provided by the Service Provider pursuant to this Agreement.
- Service Provider to be Independent of Company
The customer acknowledges that the Company does not provide the Services and the Services are provided by Service Providers that are not employed by the Company or any of its affiliates. The company may only receive and confirm Customer’s requests for the Services, accept payments, and issue receipts or tax invoices on behalf of the Service Providers.
a. “Booking” means the reservation made via the Platform for the Services to be carried out at the Scheduled Time and Booked Service Location for the Booked Service Duration;
b. “Booked Service Location” means the address where the Booked Services are to be carried out as identified by the Customer and the Service Provider;
c. “Booked Service Duration” means the number of hours that the Customer has booked the services of the Service Provider as identified by the Customer and the Service Provider;
- Confirmation of Booking and Mechanism:
- The customer shall make a Booking and agree to pay the Service Fee through the Platform;
- Service Provider shall confirm that it is able to comply with the Booking, including the provision of Services at the Scheduled Time and Booked Service Location;
- The customer acknowledges and agrees that the price quoted for the Booking is an estimate only (“Estimate”), and the actual price may vary depending on the type and scope of work/services needed;
- After the Service Provider has arrived at the Customer’s home/premises, the Service Provider will further assess the work to be performed. If the Service Provider determines that the work required is greater than what was initially contemplated, the Service Provider will advise the Customer and generate a new estimate reflecting the increase in the scope of the Services (the “Revised Estimate”);
- If the Customer approves the Revised Estimate, the Service Provider will complete the work;
- If the Customer does not approve the Revised Estimate, Service Provider will make reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which the Customer had previously agreed to, or, if the Service Provider is unable to do so, the Booking shall be deemed cancelled;
- The Services will be deemed to have been performed and accepted in accordance with this Agreement. If the Customer is not satisfied, it may, as soon as practicable but no later than 24 hours after the completion of the Services, inform the Company that the Services were not performed to an acceptable standard;
- The company shall try to ensure that the Service Provider agrees to return to the Booked Service Location and complete the Services to an acceptable standard at a time arranged between the Customer and the Service Provider with assistance from the Company;
- If the Services are not completed within the Booked Service Duration, the parties, along with the Service Provider shall determine whether the Booking should be extended, at no charge to the Customer or a new Booking should be made. If the Parties cannot agree, the Service Provider shall leave the Booked Service Location at the scheduled end of the Booked Service Duration. If it is determined that a new Booking should be made, the parties will work with Service Provider to organise a new Scheduled Time for the Booking.
- Obligations of the Customer
- The customer shall do all things necessary to enable the Service Provider to efficiently perform the Services in accordance with the Booking, whether the Service Provided is provided physically at the Customer’s location or online.
- The Customer shall do all things necessary to provide a safe workplace for the Service Provider. The Customer undertakes to comply with all applicable laws when accessing or using the services, and may only use the Services for lawful purposes. Customer may not, in its use of Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
- The Customer shall not discriminate against Service Provider based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic which may be protected under applicable law.
- The customer acknowledges that if more than one person provides the Services under the Booking, the Booked Service Duration will be divided by the number of persons providing the Services. For example, if the Booked Service Duration of a Booking is two (2) hours and the Service Provider provides a team of two (2) persons to provide the Styling Services under the Booking, the Booked Service Duration will be divided by the number of persons in the team providing the Services (so in this example, the Booked Service Duration will be reduced from 2 hours to 1 hour).
- The Customer must provide the Service Provider with access details to the Booked Service Location.
- The Customer should notify the Customer of any damage caused by the Service Provider to the Customer’s property as soon as practical, but no later than 24 hours after the completion of the Services.
- Customer agrees to and authorises the Company to deduct the Service Fee on behalf of the Service Provider from its nominated payment method in accordance with the Terms upon confirmation of a Booking;
- The Company shall issue the Customer with a receipt and a Tax Invoice for the Services.
- The customer’s payment details will be transferred to the Website’s secure gateway and the Company shall facilitate the automatic debit of the Service Fee to the Customer’s nominated payment method in accordance with the Terms and Conditions for the Services rendered by the Service Provider.
- If the Customer makes a recurring Booking, the Customer’s payment details will be transferred to the Platform’s secure payment gateway. 72 hours prior to the scheduled Services in the recurring booking, Style Buddy will facilitate the payment for the Services.
- The Customer must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at the time of debit will be passed on to the Customer.
- Changes And Cancellations
- The Customer can cancel or amend a booking free of charge, up to 24 hours before the Scheduled Time.
- If the Customer cancels or amends a Booking within 24 hours before the Scheduled Time, they will have to pay cancellation costs equivalent to the value of the Booking itself.
- The Booking cannot be amended, extended, or cancelled during the performance of the Services, unless a determination has been made and agreed to between the Parties.
- The Customer acknowledges and agrees that if the Service Provider is unable for any reason to perform the Services, the Services may be performed by another Service Provider pursuant to the Terms and Conditions.
The Customer agrees that the Customer’s entitlement and eligibility to any refund shall be in accordance with the Refund Policy of Style Buddy. The refund will be limited to the amount paid by way of the Service Fee.
- Either Party can immediately terminate this Agreement if the other Party breaches any material term of this Agreement.
- If the booking is cancelled in accordance with this Agreement, this Agreement shall simultaneously be terminated.
- This Agreement shall terminate immediately once both Parties have fulfilled their obligations under this Agreement.
The Customer agrees and undertakes not to get involved or try to be involved by direct arrangement with the Service Provider without the involvement of Style Buddy, and shall not accept any appointment or engagement with, or otherwise engage the services of the Service Provider or a related entity of the Service Provider at any time from the date of this Agreement and for a period of twelve months following the termination of the Service Provider’s services with Style Buddy.
- Time is of the essence in the performance by the Parties of their obligations under this Agreement.
- This Agreement must not be amended except by an instrument in writing signed by each of the Parties to this Agreement.
- The Parties acknowledge that this Agreement constitutes the entire Agreement and understanding of and between the Parties and that there are no other representations, promises, warranties, covenants, undertakings, terms, or conditions, whether oral or in writing, in relation to the subject matter of this Agreement of any force or effect unless contained in this Agreement.
- All notices, demands, and other communications between the Parties for the purposes of this Agreement shall be in writing and addressed to the Party’s address stipulated in this Agreement.
- If a clause is void, illegal, or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
- No right under this Agreement is deemed to be waived except by notice in writing to that effect signed by each party.
- No waiver by any party to this Agreement of a breach by any other party shall be construed as a waiver of any subsequent breach.
- This Agreement shall be governed by and construed in accordance with the laws of India and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of Haryana, India.
- Neither Party may assign or otherwise transfer all or a portion of its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably conditioned, withheld, or delayed, except that either Party may assign this Agreement without consent to any affiliate or any party acquiring substantially all the assets of the Party. Notwithstanding the foregoing, the Customer’s attempted assignment to an affiliate or a purchaser will be void if such party is not creditworthy.
- The Company may initiate ‘loyalty programs’ for customers for recurring and regular customers, eligibility of which shall be governed by the Company and may be changed from time to time as per the sole discretion of the Company.