TERMS AND CONDITIONS FOR CUSTOMER
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN THE ACCESS TO AND USE OF THE E-COMMERCE PORTAL BY THE CUSTOMER AND IS AN AGREEMENT BETWEEN THE CUSTOMER AND SHIPSHAPE INNOVATIONS PRIVATE LIMITED( BEING THE E- COMMERCE OPERATOR OWNING THE E- COMMERCE PORTAL)INRELATION TO TERMS AND CONDITIONS OF REGISTERING ON THE E-COMMERCE PORTAL AND RECEIVING SERVICES FROM THE E-COMMERCE PARTICIPTANTS REGISTERED/LISTED ON THE E-COMMERCE PORTAL.THE CUSTOMER SHALL AGREE TO THESE TERMS AND CONDITIONS AS MENTIONED HEREIN AND IT SHALL BE DEEMED THAT THEY HAVE BEEN AGREED AND UNDERSTOOD.
General Overview of the purpose of this Agreement.
“da Salon” is a “Technological/Digital platform of an Internet based Mobile Application (Hereinafter referred to as “App” or “E- Commerce Portal”) owned by M/s. Shipshape Innovations Private Limited (Hereinafter referred to as “E-Commerce Operator”). The purpose of developing this Application is to solicit relevant work for Salon/SPA/Beauty Parlor and other similar entities. The description of services to be booked and provided through the App is Hair Cutting jobs, Spa Services, Salon Services, Make-up jobs and other jobs of similar nature by whatever name called. This agreement specifies the roles, responsibilities, duty, rights, obligations and liabilities of the various parties involved as defined AND described in details in forthcoming provisions of this agreement.
Definitions of various terms used in the AGREEMENT:
- Booking and Booking Amount: “Booking” refers to the process where the customer shall select the E- Commerce participant of its choice and satisfaction, listed on the E- Commerce portal and On making of the choice shall proceed for confirmation of the choice, to be known as booking. The customer shall satisfy itself of the amounts to be charged for the services and on subsequent OTP verification and acceptance of the terms and conditions of receiving the services, Booking ID shall be generated containing the summary of services including the address of the E- Commerce participant’s Location details, nature of services, amount charged(In case of pre-payment through the Payment gateway of The E-Commerce portal) and amount payable( In case of payment to the E- Commerce participant has been opted). The price which the E-Commerce participant demands for provision of listed services will be known as Booking Amount and it shall be inclusive of all costs and taxes as
- Customer(s): “Customer” means the individuals or other entities which with the aim/purpose to receive various services, being offered by E- Commerce Participants registered/listed on the E- Commerce Portal, approach the E- Commerce portal or register on the customer profile section or book services through the E- Commerce
- Confidential Information: “Confidential Information” means information relating to the E-Commerce Operator, to the Services or customers solicited through E- Commerce Portal that is not known to the general public including, but not limited to, any information identifying or unique to specific customers, reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from rendering the services comprising service details, products sold and utilized, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.
- E- Commerce Operator: “E-Commerce Operator” refers to M/s. Shipshape Innovations Private Limited, a company incorporated under Companies Act, 2013 (As amended) having its registered O f f i c e at B 4/5, Basement, Sector – 63, Noida, Uttar Pradesh – 201301,
- E- Commerce Participant(s) and E-Commerce Participant’s Location: “E-Commerce Participants” refers to the Registering entities which list the services on the E- Commerce portal for solicitation of customers for offering and provision of services. The Location of premises for provision of services which the E-Commerce participant provides during the registration process shall be known as the Location of the E-Commerce
- E-Commerce Portal: “E-Commerce Portal” refers to “da Salon”, being the technological/Digital platform of an Internet based Mobile Application (Also known as “App”) operating on Mobile Phones or Web based versions including the Website platform, if available for the hosting the application.
- Intellectual Property Rights: “Intellectual Property Rights” means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the
- Law: “Law(s)” means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any government authority of competent jurisdiction applicable in
- Provision of Services: “Provision of Services” refers to the rendering of the Listed and booked service by the E- Commerce Participant to the customer during the time when the customer was present at the Location of the E-Commerce participant and receiving the selected
- Services: “Services” means each of the services that the E- Commerce Participant makes available on or through the E- Commerce Portal to the customers, including the services proposed to be rendered and listed on the E- Commerce Portal and offered to the
ON accessing the E-Commerce portal or booking the services the customer shall be bound by conditions of use as mentioned herein:
- Customer Profile: The Customer shall be able to book the services through two mediums: A) Creating a Profile by accessing the User Registration Profile registration link; Or B) Without registering the profile again and using as the earlier created user profile which would nevertheless be OTP verified for security and verification purpose in both
In both case, the customer shall take utmost care of confidentiality of the profile and its password and simultaneously preventing the unauthorized access to the profile. Customer shall ensure that the details provided while booking the services or creating profiles is correct and complete in all forms. In case, any wrong information is provided by the customer or with the intention to creating disturbance or harm the reputation of the E- Commerce portal/E- Commerce Participant/E-Commerce Operator, the E- Commerce Operator reserves its right to terminate, suspend, remove or edit contents of the profile anytime without prior notice or the existing booking generated on the E-Commerce Portal.
- Contractual Obligation: The Contract of Services provided through the E- Commerce Portal shall always be a bipartite agreement between the E- Commerce participant and the Customer. Hence any matter which concerns the quality of services or any other legal remedy sought by the customer related to the provision of the services by the E-Commerce Participant, the responsibility shall be on the E-commerce participant and the E-Commerce operator/E- Commerce portal shall not be held liable for it. The E- Commerce Operator/E- Commerce Portal shall (including any officers, directors, employees, agents and Affiliates) not be responsible for any third party claim, loss, damage, settlement that may have happened to the customer during the provision of services or after that and it shall be the sole responsibility of the E-Commerce participant. In any other case that may directly involve the E- Commerce operator/E-Commerce Portal, the customer shall be free to take up the matter with the Quality Control and Customer Relationship Team of the E-Commerce operator/E- Commerce
- Unauthorized Usage of the E-Commerce Portal: The Customer must not use the E-Commerce portal in any way that causes, or is likely to cause, the application or access to it to be interrupted, damaged or impaired in any The customer must understand that he/she, and not the Commerce portal/E-Commerce Operator are responsible for all electronic communications and content sent from customer’s computer and thus it must use the E- Commerce portal for lawful purposes only. You must not use the E-Commerce portal for any of the following;
or fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to the E-Commerce participant; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of
India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam.
- to cause annoyance, inconvenience or needless anxiety.
- Reviews, comments, communications and other content : The customers may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a customer uses a false e- mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content then the E- Commerce Portal/E-Commerce Operator reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of E- Commerce Operator violates this agreement of use and, or terminate/surrender/restrict the permission to access or use the E-Commerce
- Claims against Objectionable Content: Because the E- Commerce Portal shall list Thousands of E- Commerce Participants for services offered by the E-Commerce participants on the E-Commerce Portal and may even host many thousands of comments, it is not possible for the E-Commerce Operator/E- Commerce Portal to be aware of the contents of each service listed, or each comment or review that is Accordingly, E-Commerce Portal operates on a “notice and takedown” basis. If any customer or user of the E-Commerce Portal believes that any content on the E-Commerce Portal is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, “objectionable Content “), please notify the E-Commerce Operator/E-Commerce Portal immediately on the emails/Phone Contacts under the contact details section or the Customer Support of the E-Commerce Portal. Once this procedure has been followed, the E-Commerce Operator/E-Commerce Portal will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time. No separate legal claims are permissible under this clause.
- Minors and Contractual Obligations: Use of the E- Commerce portal is available only to persons who are competent to execute a legally binding contract under the Indian Contract Act, If the user is a minor i.e. under the age of 18 years, then parental supervision is mandatory. Nevertheless, parental supervision will be presumed in the usage of the E- Commerce Portal by a minor and similar presumption is applicable during the provision of services by the E- Commerce Participants.
- Non- Commercial Usage: The customers shall access or use the E-Commerce Portal for bookings of various listed services in his/her individual capacity and for personal consumption. The customers shall not be allowed to use the E- Commerce portal for any sort of commercial or business utilization. In case any information is received about the commercial utilization of the E-Commerce portal then the customer shall be liable to losses that E-Commerce portal/E- Commerce operator might have borne including that of loss of profit or revenue to the E-commerce Portal/E-Commerce
- Intellectual Property Rights: The rights and ownership of any Intellectual Property Asset including any Trademark, Logo, Marks, Symbols, marks or any other Intellectual property being used by the E-Commerce Portal/E-Commerce operator
shall be the property and ownership of the E- Commerce Operator at all times and the Customers, including anyone fraudulently utilizing the E- Commerce Portal for commercial purposes, if detected, shall have no right to use, display, claim, the name or logo or any intellectual property asset of the E- Commerce Portal or the E-Commerce Operator. The E-Commerce operator shall be free to legally file a suit for recovery of damages and prosecution, through a civil suit for breach of this clause, in case any infringement of this clause is prima facie established.
9. Other Conditions governing the Bookings:
- Obligation to pay for the services: The Customer shall have the option to pay in advance for the booked service through the payment gateway connected to the E-Commerce Portal. In case of advance payments by customer for booked services through the E-Commerce portal, no additional payment for the booked service shall have to be made at the location of E-Commerce participant. In case, the customer wishes to pay in Cash or any other electronic or non- electronic medium acceptable to the E- Commerce Participant at the time of provision of the services then it shall be an equally acceptable and valid payment.
- Booking Policy: The customer shall access the E- Commerce portal for booking the listed services. On selection of the desired service the customer shall book the service as directed by the User Interface of the E-Commerce Portal and thereafter on the successful OTP based verification, a booking Summary shall be The customer shall, before approaching the E-Commerce participant, recheck the acceptance of the Booking by the E- Commerce participant in order to ensure that the booking has been successfully accepted by the E- Commerce participant. The User interface of the E-commerce portal may also have a designated display area to check the status of the booking. Separate mediums of checking the status may also be available including receiving phone call from the customer support team of
E-Commerce Portal, receiving emails from customer support team of E- Commerce Portal or receiving sms intimations on the phone number provided by the customer while booking the service. It shall be advisable and mandatory for the customer to ensure that booking has been accepted by the E-Commerce Participant.
- Changes to the booking Summary: In case the customer after booking of the desired services through the E-Commerce portal wishes to edit/add/delete/modify the service before the provision of the services then in that case the customer shall approach the E-Commerce portal or the Customer Support team for the same. In case the customer Support team could not be approached due to any unforeseen circumstances then the E-Commerce participant shall be authorized to provide the edited/modified services but the customer shall make sure to communicate the same to the E- Commerce Portal.
- Taxes Included in the Booking Amount: The services booked through the E- Commerce Portal at designated prices would be inclusive of GST and other government levies, as and if The inclusion of GST in the total booking amount depends on the GST applicability to the E-Commerce participants. Customers shall not seek any GST inputs on the booking amount transferred as the claiming of GST input tax credit on services being consumed for personal purposes is not permissible under the GST rules.
- Invoicing: As per the applicable rule, the responsibility to generate Invoices is of the E- Commerce Participant. The Customer may, for records or otherwise, demand the invoice for the booked services from the E-Commerce participant. The E-Commerce portalshall have the booking summary which with all details relevant for the identification and quantification of the services but the same shall not be deemed to be an invoice. Although the customer might be given an option, for his/her convenience, to download invoices from the E-Commerce portal but even in that case, the Invoicing and any responsibility and onus related to it remains with the E-Commerce Participants at all
- Refunds and cancellation: In case the Customer wishes to cancel the booking then it may do so by way of Booking Cancelation option available on the E- Commerce Portal itself. The Cancellation of booking is permissible anytime before the actual provision of service by the E-Commerce participant. In case the customer has paid any advance for the services through the connected payment gateway, then the refundable amount shall be transferred back to the bank account or credit card or debit card etc. which may have been used for the transaction by the customer, within a period of 15 working days from the date of cancellation of booking. In case the customer has paid any advance for the services and thereafter the E-Commerce participant declines to provide the service due to any reason, then the above stated process, as applicable to refunds in other cases, shall be applicable to refunds in this scenario
- Force Majeure: The E-Commerce Operator/E- Commerce Portal will not be held responsible for any delay or failure to comply with any obligations, if the delay or failure arises
from any cause which is beyond its reasonable control. This condition however does not affect the statutory rights as a customer.
- Customer Feedback and Reviews: The feedback of the customer on various aspects like the technical aspects of the E-Commerce portal, the ease of booking on the E-Commerce portal and using the Interface of the “App”, the service quality, health & Hygiene issues, Manpower efficiency, Environment or ambience issues or any other issue faced at the E-Participant’s Location, are always welcome. The E-Commerce portal/E- Commerce operator may be intimated about any above mentioned issues faced so that certain corrective measures may be taken to improvise on the same. The Customer may also provide the feedback in terms of the Ratings points and reviews about the particular E- Commerce participant on the E- Commerce portal. The Customer shall be bound by the other clauses of this agreement related to such reviews and feedback while providing the inputs on the E-Commerce
- Legal Remedy: The E- Commerce Portal/E-Commerce Operator and the customer shall be bound at all times by this agreement and applicable laws governing this The E-Commerce operator, shall be free to legally file a suit for recovery of damages and prosecution, through a civil suit for breach of this agreement, in case any infringement is prima facie established.
- Governing Laws: Any dispute which may arise between the parties hereto shall be subjected to the law of the State in which the E- Commerce Operator has its registered office and thus the Courts in that state shall have exclusive jurisdiction in such matters. In case of any dispute which may arise between the Customer and the E-Commerce Participant shall be subjected to the law of the State in which the E- Commerce Participant’s Location exists and thus the Courts in that state shall have exclusive jurisdiction, or as per the applicable
- Waiver: If the customer breaches any of the conditions of this agreement and the E-Commerce Portal/E-Commerce Operator takes no action against it, the E-Commerce Portal/E-Commerce Operator will still be entitled to use its rights and remedies in any other situation where any breach of the agreement has been done by the customer.
THIS AGREEMENT FOR E-COMMERCE PORTAL’S CUSTOMERS CONSTITUTES A LEGAL RECORD WITHIN THE MEANING OF INFORMATION TECHNOLOGY ACT ,2000(As Amended) AND OTHER APPLICABLE LAWS. THIS ELECTRONIC RECORD GENERATED AND STORED BY A COMPUTER SYSTEM DOES NOT REQUIRE A PHYSICAL OR DIGITAL SIGNATURE.IT SHALL BE TAKEN TO BE AGREED AND UNDERSTOOD ON ACCEPTANCE PROVIDED AT THE TIME OF ACCESSING THE E-COMMERCE PORTAL OR BOOKING OF SERVICES THROUGH THE E-COMMERCE PORTAL.