Thank you for using Stylrax. These Terms and Conditions of Use (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Stylrax website at www.stylrax.com (the "Website") and any related mobile or software applications (collectively referred as "Platform"") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
In order to use the Services, you must first agree to the Terms and our Privacy Policy at "Privacy Policy" (collectively referred to as the "Agreement""). You can accept the Terms by:
This Agreement sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Platform and the Services (hereinafter defined) available thereunder.
The terms 'You', 'Vendor' or 'Your' refer to You as a User and the terms 'Stylrax', 'We', 'Us', 'Company', and 'Our' refer to STYLRAX SOLUTIONS INDIA PRIVATE LIMITED.
We may change, modify or otherwise amend these Terms at any time by posting an updated version of these Terms on the Platform (defined hereunder). The updated version of these Terms shall take effect immediately upon posting and may be notified, via the Platform. It is your responsibility to review these Terms periodically for updates/changes and you are encouraged to check these Terms frequently. Your use of the Platform following any amendment of these Terms will signify your assent to and acceptance of any revised Terms. If you do not agree to abide by these or any future Terms, please do not use or access the Platform.
You have the right to opt-out of agreeing to these Terms, and therefore also using the Platform. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the Platform and the Services. However, please be aware that your use of the Services would mean deemed acceptance of these Terms and its associated policies, including any modifications thereof. As long as you comply with these Terms, Stylrax (as defined below) grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Services (as defined below).
The Terms are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes "Electronic Record" within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.
It is hereby clarified that, for the purposes of these Terms, the Company shall be considered as an "Intermediary" as defined under the Information Technology Act, 2002 and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
1. THE WEBSITE
1.1. This Platform is coined, adopted, maintained and operated by STYLRAX SOLUTIONS INDIA PRIVATE LIMITED, a Company incorporated under Laws of India, having its registered office at, FLAT NO. 613, FIRST FLOOR, ROYAL RESIDENCY APARTMENT PLOT NO. 5, SECTOR 9, DWARKA New Delhi DL 110077 IN.
1.2. Stylrax 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 to the customers. ("Salon(s)/Specialist(s)"").
2. USERS
2.1. The Platform can be accessed by any User(s). AUser is someone who has created an account in accordance with Clause 4 of these Terms and who has been provided with a username and password by Stylrax or someone who has not created an account with Stylrax and only has access to limited information available on the Platform.
2.2. Users understand and acknowledge that Salons/Specialists are governed by Terms and Conditions for Salons/Specialists "Terms of Use for Vendor". Users agree to read, understand and accept the Terms and Conditions for Salons/Specialists before availing any services from such Salon/Specialist over the Platform.
2.3. The User agrees that his / her implicit consent shall have deemed to be given under the applicable laws for initiating a consultation with the Salon/Specialist when such User initiates a request for such consultation or appointment on the Platform.
3. ELIGIBILITY
The User shall be persons who are "competent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction. If the User is not a person competent to contract under the Indian Contract Act, 1872 or any other applicable law, the User shall be accompanied by a family member or a person formally authorized to represent as a caregiver for availing the services over the Platform.
4. USER ACCOUNT
4.1. For the purposes of availing Services and booking appointment with the Salons/Specialists on the Platform, the User is required to obtain registration in accordance with the procedure determined by Stylrax ("User Account"). As a part of the registration process, Stylrax may collect certain information from the User including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid e-mail id; and (e) phone number.
4.2. The Salons/Specialists may require the User to provide additional information for providing Services over the Platform and the User agrees to provide the Speciailists/Salons with such additional information as may be necessary for providing services over the Platform.
4.3. The creation of a User Account shall be at the sole discretion of Stylrax. A User Account can only be utilized by the person whose details have been shared with Stylrax. Please note that Stylrax does not permit multiple persons to share a single User Account. However, a User, being a legal guardian of a person incompetent to undertake contracts would be permitted to use the Platform on behalf of such person incompetent to undertake contracts.
4.4. The User shall be responsible for any access to the Platform through the User Account, whether such access is directly by the User or through any third party. The User will also be responsible and liable to us for all activities that take place or occur in the User Account. The User agrees that its ability to log into the User Account is dependent upon external factors such as internet service providers and internet network availability and we shall not be liable to the User for any damages or consequences arising from such User’s inability to log into the User Account.
4.5. The User hereby expressly acknowledge and agrees that the User and not Stylrax will be liable for the User's losses, damages etc. (whether direct or indirect) caused by any unauthorized use of the User Account.
4.6. The User shall ensure that all the information provided to Stylrax for the purposes of registration or otherwise are accurate and correct at all the times. Further, the Users shall make best efforts to correct/update any information which in its knowledge is inaccurate or has changed. If Stylrax has a reasonable ground to suspect that the information provided by an User is inaccurate or misleading, Stylrax reserves the right to discontinue the registration of such User.
5. REPRESENTATION AND WARRANTIES
5.1. When you use our Platform, you are representing to us that:
(a) Your use of the Platform shall not violate any applicable law, and that you fulfil the eligibility criteria set forth under Clause 3 of these Terms;
(b) All registration information you submit is truthful, complete and accurate and you will maintain the accuracy of such information;
(c) Your use of the Platform, or its content is only for personal purposes. Your personal and non-commercial 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;
(d) You shall not access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;
(e) You shall not use the Services in any way that is unlawful, or harms Stylrax or any other person or entity;
(f) 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;
(g) 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;
(h) 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.
5.2. The Services, including all content, software, functions, material, and information made available or accessible through it are provided on an "as is" basis. Stylrax 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.
5.3. Stylrax 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.
5.4. You understand that You may expect the anticipated benefits from the Booking with the Salon/Specialist, but that no results can be guaranteed or assured.
6. SCOPE OF SERVICES
6.1. A User having an account on the Platform may avail the following services on the Platform ("Services"):
(i) Compare and assess the Salons/Specialists registered and listed on the Platform. While assessing, the User shall have access to basic information of the Salons/Specialists including name, location, service fees, other user ratings and reviews, and available time slots.
(ii) Receive services from the Salons/Specialists in the following manner:
a. The User shall have the option to either book a visit to the Salon by booking the appropriate time slots as made available from time to time by the Salons on the Platform ("In-Salon Booking(s)"), or to book a Specialist for availing services at the location of the choice of the User ("Out-Salon Booking(s)").
In-Salon Bookings and Out-Salon Bookings are collectively referred to as "Booking(s)".
b. In the event the User opts for an In-Salon Booking, the User shall select the adequate services sought from the Salon, staff member (if required), and the appropriate time slot in accordance with the time slots made available by the concerned Salon.
c. Upon successfully booking an In-Salon Booking, it shall be the sole responsibility of the User to make themselves available (and the ward, in the event the User is a guardian) at the concerned Salon premise, as provided on the Platform, on or before the time for which the booking has been made. In the event of any substantial delay by the User (and the ward, in the event the User is a guardian) for being available at the concerned Salon's premise on the selected time slot, the Salon reserves the right toserve other customers in priority to the User or to cancel the In-Salon Booking made by the User without extending any refund to the User.
d. In the event the User opts for an Out-Salon Booking, the User shall ensure that the location, contact details and the proposed time slot have been appropriately updated. Further, while the primary obligation to make available on the location at the proposed time shall be of the Specialist, the User shall co-operate and extend co-ordination with the Specialist for ensuring smooth provisioning of the Services.
e. Upon a successful Booking, the User shall receive a one time password (OTP) on the Platform which the User shall disclose to the Specialist/Salon before availing the services.
f. The Users may also access the websites and the social media handles of the Specialists listed on their profile.
6.2. Wallet: The Platform allows and facilitates the Users to create and operate a closed wallet ("Wallet").The User may load an amount of up to INR 500 (Indian Rupees Five Hundred)into the Wallet using such channels as may be provisioned by a third-party payment gateway engaged by the Company. The amount loaded in the Wallet can only be used against making Bookings on the Platform. The User may at any time redeem the money uploaded on the Wallet. For redeeming the money uploaded on the Wallet, the User shall write an email to support@stylrax.com capturing the amount to be redeemed and the account details of the User. Upon the receipt of the email from the User, the Company shall within 7 (seven) working days redeem the requested amount in the concerned bank account of the User. In no event will the Company redeem the money in the Wallet by way of cash.
6.3. For making a Booking, the User shall make an upfront payment of the prescribed fees along with applicable taxes and 200("Service Fees"), certain percentage of the Service Fees, as may be applicable, shall be deducted by the payment gateway as a transaction fee ("Transaction Fee"). For making such payment of the Service Fees, the User may use (a) the Wallet; or (b) a direct payment channel facilitated by Stylrax. For direct payment channels, Stylrax engages with a third-party payment gateway, and the Users shall be bound by the terms and conditions and privacy policy provided by such payment aggregator.
6.4. The User shall have a right to cancel the Booking on the Platform at least before 2 (two) hours of the scheduled Booking time ("Immediate Cancellation"). Provided further that insteadofmaking an Immediate Cancellation, the User shall be entitled to reschedule such Booking on such date and time in accordance with the process provided on the Platform, in the manner provided under Clause 6.8.
6.5. Upon Immediate Cancellation by the User for any reason, the User shall have the right to seek a refund of a sum equivalent to Service Feeexcluding the Transaction Fee, from the Salon/Specialist, within 3 (three) business days of the Immediate Cancellation. It is clarified that, for the purposes of refund provided under this Clause 6.5, the applicable Transaction Fee shall be deducted. It is further clarified that the refund, to the same payment method as was used for the payment of Service Fee, will be initiated no later than 3 (three) business days from the notification of request made by the User. However, where the Service Fee was paid using credit or debit card, your receipt of refund may depend on your card issuer's policies. If the standard timeframe, as mentioned above, has passed and you have still not received the refund, please contact your credit or debit card issuer or your bank for more information.
6.6. Subject to Clauses 6.4 and 6.5, the User shall have the following options: (a) the User may cancel aBookingwithin 2 (two) hours of the scheduled time for Booking ("Delayed Cancellation"); or (b) the User may propose a reschedule of the Booking in accordance with the process provided under Clause 6.8.
6.7. Subject to the rescheduling process provided under Clause 6.12, upon the User makinga Delayed Cancellation, the User shall be entitled to claim refund of an amount equal to 50% (fifty percentage) of the Service Fees after deducting the Transaction Fees from the Salon/Specialist. Further, the Company shall have no obligation to refund/repay any amount to the User for any loss incurred by any person, due to the Delayed Cancellation.
6.8. In the event, the User makes an Immediate Cancellation or a Delayed Cancellation, the User shall have a right to reschedule the Booking, provided the proposed date and time in accordance with the process provided on the Platform. However, if the Salon/Specialistand the User are unable to agree on the rescheduled date and time slot, the Booking shall be deemed to have been cancelled by the User, and the provisions of Clause 6.5 or 6.7 shall apply accordingly. It is further clarified that the User shall in no event be allowed to reschedule a Booking more than once.
6.9. Notwithstanding anything provided in these Terms, the Out-Salon Booking shall stand automatically cancelled if the Specialist does not turn up within a reasonable time of the scheduled time of such Out-Salon Booking ("Specialist No-Show"). Upon the occurrence of the Specialist No-Shor, the Specialist shall have a right to request rescheduling the Booking which may be agreed by the User. Further, upon the failure to reschedule, the User shall have a right to claim 100% (one hundred percent) of the Service Fee from the Specialist. It is clarified that the Specialist shall in no event be allowed to reschedule a Out-Salon Booking more than once, pursuant to which it shall be deemed to be a Specialist No-Show, and the provisions of this Clause 6.9 in relation to the refund shall become applicable.
6.10. The User may in good faith provide feedback and review to the Specialist/Salon on the Platform with whom the Booking was made.
7. RELATIONSHIP
7.1. Nothing provided, uploaded or available on the Platform shall create a Salon/Specialist-User relationship, or a principal-agent relationship between the Users and Stylrax.
7.2. The services provided by the Specialists shall not constitute an opinion or service provided to the Users by Stylrax. The User understands and agrees that Stylrax will not be liable for:
7.2.1. User interactions and associated issues User has with the Salon/Specialist.
7.2.2. the ability or intent of the Salon/Specialist(s) or the lack of it, in fulfilling their obligations towards Users.
7.2.3. any wrong or under quality of treatment or services being given by the Salon/Specialist(s).
7.2.5. cancellation or no show by the Specialist or rescheduling of Booking or any additional fees charged by the Specialist; or
7.2.6. any consequence of the above.
7.3. Stylrax uses industry–level security and encryption to your User Account. However, Stylrax does not guarantee to prevent unauthorized access. In the event you are aware of any unauthorized use or access, you shall immediately inform Stylrax of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account tosupport@stylrax.com.
7.4. In case you want to delete your User Account on the Platform, you can do so by contacting our service support team. However only your User Account and your information recorded with Stylrax 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.
8. LINKS TO THIRD PARTIES
Our Platform may contain links to other websites owned by third parties (i.e. advertisers, other service providers, vendors, supplier or business partners). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their platforms. Stylrax does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third party website, you do so at your own risk.
8.1. Nothing provided, uploaded or available on the Platform shall create a Salon/Specialist-User relationship, or a principal-agent relationship between the Users and Stylrax.
9. LINKS TO THIRD PARTIES
9.1. Any information (including User Records) uploaded by the User during the registration on the Platform shall belong to such User only.
9.2. We collect, hold, use and transfer your personal data (including User Records) 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.
10. VIOLATION OF TERMS OF USE / SUSPICIOUS ACTIVITY
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 User Account. If we have reason to believe that there is suspicious or unusual activity being carried out through your User Account, we may temporarily or permanently suspend your access to the Services. You may reach out to the Stylrax’s support team at support@stylrax.com to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.
11. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
11.1. Stylrax, 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 Stylrax’s express written permission. You are hereby given a limited licence to use the Services, subject to your agreement of these Terms.
11.2. When you upload, submit, store, send or receive content that may include your personal information to or through our Platform, you give Stylrax 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 Stylrax. 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.
11.3. In addition, use of the Services for any purpose not expressly permitted by Stylrax in these Terms is prohibited and may invite legal action.
12. INDEMNIFICATION
12.1. You agree to defend, indemnify and hold harmless Stylrax, its affiliates, officers, directors, employees, agents, partners, 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;
(ii) your violation of any of these Terms;
(iii) your violation of any third party right, including any intellectual property right or privacy right;
(iv) the committing of any of the prohibited activities as stated here;
(v) your failure to comply with applicable law, including tax regulations; or
(vi) any claim that your use of the Platform caused damage to a third party.
13. LIMITATION OF LIABILITY
13.1. In no event shall Stylrax, its officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages ("Claim") for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Stylrax has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Platform or the Services.
13.2. Stylrax's total cumulative liability arising from or relating to these Terms shall not exceed an amount exceeding the Service Fees paid by you to the Salon/Specialist.
14. TERMINATION
Stylrax reserves its right to terminate/block the User Account on the grounds including:
(i) if User(s) furnishes false information,
(ii) for carrying on any prohibited activity under the applicable laws,
(iii) if the User breaches any material obligation under these Terms,
(iv) if the User, in the sole opinion of Stylrax, reschedules and / or cancels Booking frequently without assigning any adequate reason,
(v) if the User(s) is engaged in any fraudulent transactions/activities, or
(vi) if the User(s) misuses, abuses, indulges in activities causing service disruptions.
Stylrax also reserves its right to restrict the access of the User to its User Account upon such conditions it deems fit.
15. FORCE MAJEURE
Stylrax 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.
16. REDIRECTS
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 Stylrax and different terms of use and privacy policy may apply. Stylrax is not responsible for those sites, and may disable these links, upon our review and analysis of the same. Stylrax disclaims all liability arising from your access to or use of such third-party site.
17. GOVERNING LAW AND JURISDICTION
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.
18. ASSIGNMENT
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.
19. WAIVER
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.
20. SEVERABILITY
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.
21. GRIEVANCE OFFICER
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.com or write to us at the following address: FLAT NO. 613, FIRST FLOOR, ROYAL RESIDENCY APARTMENT PLOT NO. 5, SECTOR 9, DWARKA New Delhi DL 110077 IN.
