Introduction
This Agreement governs the listing and provision of beauty, salon, spa, wellness, tattoo, makeup, and related services on the Cherry Glitz Platform. By completing the onboarding process and/or by electronically accepting this Agreement, the Partner agrees to be legally bound by every clause herein. Please read carefully before proceeding.
Preamblepreamble
This Merchant/Partner Agreement ("Agreement") is entered into between Cherry Glitz Private Limited, CIN: U96020OD2024PTC045245 a company incorporated under the Companies Act, 2013, with its Registered Office: C/o Satrughna Panigarhi, At Padhuan, PS Basudevpur, Basudevpur (Bhadrak), Bhadrak, Basudebpur, Odisha, India — 756125, India (hereinafter referred to as "Cherry Glitz" or the "Company"), and the beauty service provider, salon, spa, studio, freelance professional, or wellness practitioner registering on the Platform (hereinafter referred to as the "Partner" or "Merchant").
Cherry Glitz operates a technology-driven online marketplace (the "Platform") accessible via its mobile application and website that facilitates discovery, booking, and payments for beauty and wellness services across India. The Company acts solely as a technology intermediary and aggregator and does not directly provide any beauty, grooming, spa, tattoo, or wellness services.
This Agreement sets out the terms and conditions governing the Partner's onboarding, listing, and provision of services through the Platform.
1. Definitions
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:
1.1 "Agreement" means this Merchant/Partner Agreement, including all schedules, annexures, and policies referenced herein, as amended from time to time.
1.2 "Platform" means the Cherry Glitz mobile application, website (www.cherryglitzcom & www.cherryglitz.in ) and any related technology infrastructure operated by Cherry Glitz.
1.3 "Partner" or "Merchant" means any salon, spa, beauty studio, nail studio, tattoo artist, makeup artist, hairstylist, freelance beauty professional, or wellness provider who has registered and been approved to list services on the Platform.
1.4 "Customer" means any end-user who accesses the Platform to discover, book, or avail beauty and wellness services from a Partner.
1.5 "Services" means the beauty, grooming, wellness, spa, tattoo, makeup, or other related services listed by the Partner on the Platform and rendered directly to Customers.
1.6 "Booking" means a confirmed reservation made by a Customer for a specific Service from a Partner through the Platform.
1.7 "Gross Booking Value" or "GBV" means the total amount charged to the Customer for a confirmed Booking, inclusive of applicable GST.
1.8 " Commission" means the percentage fee charged by Cherry Glitz on the Gross Booking Value of each completed Booking, as determined and communicated by Cherry Glitz to the Partner from time to time via the Partner Dashboard or written notice.
1.9 "Settlement" means the transfer of funds from Cherry Glitz to the Partner after deduction of the Commission, applicable refunds, chargebacks, and taxes.
1.10 "Partner Dashboard" means the web or app-based interface provided by Cherry Glitz to Partners for managing listings, bookings, pricing, and account settings.
1.11 "Cherry Glitz Content" means any content, design, code, brand assets, or materials owned by or licensed to Cherry Glitz.
1.12 "Partner Content" means all images, descriptions, pricing, service menus, and other information submitted by the Partner for listing on the Platform.
1.13 "Applicable Law" means all applicable laws, regulations, rules, notifications, guidelines, and orders of India including but not limited to the Companies Act 2013, GST laws, Consumer Protection Act 2019, IT Act 2000, shops and establishment laws, and professional licensing requirements.
1.14 "KYC Documents" means the identity, address, and business registration documents required by Cherry Glitz during the onboarding process.
1.15 "Intellectual Property" means all patents, trademarks, copyrights, trade secrets, service marks, designs, domain names, and other proprietary rights.
1.16 "Force Majeure Event" means circumstances beyond a party's reasonable control including natural disasters, epidemics, pandemics, acts of government, war, civil unrest, cyber-attacks, and internet outages.