Terms and Conditions

For Salon/Spa Partners and Individual Artists

This document is a digital record in terms of the Information Technology Act, 2000, and policies there under as applicable and the modified rules concerned with electronic records in various forms as amended by the IT Act, 2000.

It outlines the terms and conditions (in form of policies, instructions, and guidelines) that govern the access and use of Zoylee Platform (website: www.zoylee.com as well as mobile apps - Zoylee, Zoylee Business, and Zoylee Artist) via a specific account or accounts and is a mutual agreement between Salon, Spa and Parlour Owners and Independent Zoylee Artists (Contract-based) and Zoylee Web Services Private Limited with respect to the Terms and Conditions of registering on Zoylee Platform and listing/providing the services for soliciting users through the Zoylee Platform. Registering/partnering with Zoylee means the partners and artists agree to adhere to Zoylee Terms and Conditions for rendering the services. Also, this document is an extended version

General Overview and Scope of this Document

Zoylee Platform encompasses the website (www.zoylee.com) as well as Mobile Apps - Zoylee, Zoylee Business, and Zoylee Artist Apps for both Android and iOS devices, (hereinafter referred to as “Zoylee”, “Zoylee Platform” unless specified).

Zoylee Platform is fully owned and operated by Zoylee Web Services Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at C-10, First Floor, Sector-3, Noida - 201301.

The purpose behind creating Zoylee Business and Zoylee Artist App is to solicit relevant hair beauty and makeup work for salons, spas and parlours (hereinafter referred to as “Partners”) as well as Independent service providers (hereinafter referred to as “Zoylee Artists” or “Artists”).

Zoylee Partners are required to deliver the booked hair, grooming and beauty services through the Zoylee App or website in their registered facility while Zoylee Artists are required to deliver the booked services at home or the desired location of the customers. This document further specifies the specific responsibilities, roles, rights, duties, liabilities and obligations of all the involved parties as defined and elaborated in the forthcoming provisions of this document.

Definitions of Different Terminologies Used in this Document:

Service(s): It can be defined as any of the services listed by Partners or Zoylee Artists on the Zoylee App and Website for customers, including the services proposed to be rendered and listed on the Zoylee Platform.

Bookings or Appointments: Bookings or appointments can be described as the process where the customer/user selects the services of their choice listed on the Zoylee App or website and books/requests an appointment as per their convenient time.

Booking Amount, Fees, Charges: It can be defined as the total amount to be charged for the services and acceptance of the terms of use for receiving the services, Booking ID shall be generated containing the booking details. For Partners, booking amount can be both cash (Pay at Counter) and online (Prepay) while for Artists, there is only one provision for payment (Online Prepay). The prices of the services listed on the Zoylee App and Website shall be inclusive of all costs and GST as applicable.

Customer(s) or User(s): “Customers” or “Users” are the individuals or group of individuals with the purpose of getting the hair, beauty, makeup, grooming and spa services provided by the partners or artists.

Confidential Data: “Confidential Details'' is the information related to Zoylee Platform, to the customers and services solicited through the Platform that is not meant for the general mass that include but are not limited to any data signifying or unique to specific users, insights, reports, and other sensitive details about the Services, information derived from the services and bookings. Zoylee Platform and its customers’ personal data shall be deemed ‘Confidential’ at all times.

Zoylee Partners and Partner’s Location: “Zoylee Partners” refers to the registered salons, parlours and spas which are entitled to enlist their services and other details related to the services on the Zoylee App and Website for solicitation of end-customers. The Location of outlets/facilities for delivery of services which the partners provide during the process of Partner Registration shall be known as Partner’s Location.

Zoylee Artists: Zoylee Artists are those independent professionals or entities who have registered with Zoylee to deliver hair, beauty and makeup services at home (or place of their choice) of the customers.

Provision of Services for Zoylee Partners: It is the process of delivering the enlisted and booked service by the registered Partner to the customer during the time when the customer was present at the Partner’s Location.

Provision of Services for Zoylee Artists: It is the process of delivering the enlisted and booked service by the registered Artist to the customer at the scheduled date, time and location shared by the customer.

Rights to Intellectual Property: “Intellectual Property Rights” means any Trademark, copyright, patent, trade secret, moral right or any possible 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 Intellectual Property.

Law(s): Law shall be any law, rule, ordinance, regulation, order, licence, permit, judgement, decision or other requirement, now or hereafter in effect, of any government authority of competent jurisdiction applicable in India.

The Policies to be Understood and Mandatorily Agreed by Zoylee Artists and Partners, Who Wish to Solicit Customers/Work are as Following:

1. Zoylee Modus Operandi: To work as an online marketplace aggregator and facilitator by registering partners and artists and delivering an online platform (Mobile app and web), to be accessed and used by end customers who are looking for salon and spa services either at the partner location or their home.
2. Acceptance of Terms: By Registering with Zoylee, the partner or artist hereby agrees to have read, understood and accepted the terms and conditions, rules, policies and guidelines put forward by Zoylee.
3. Possible Changes or Amendments to the Terms and Conditions: Zoylee shall provide notice 3 to 7 days in advance regarding any updates or changes to the Agreement before they come into effect. However, Zoylee also reserves the right to change or update the Terms and Conditions or any applicable policy at any point of time with immediate effect:
   1. to mitigate or prevent legal, regulatory, fraud and abuse, or security concerns;
   2. to change existing features or include new features to the Zoylee Platform or the Services (where this does not materially adversely affect the use of Services); or
   3. to restrict or limit the services or activities that Zoylee considers offensive, inappropriate, or unsafe.
   Continued usage of the Zoylee Platform or the listed services after the effective date of any change to this Agreement will constitute the acceptance of that change by the partner or artist. In case, the effective amendments or changes are unacceptable to the artist or partner and they decide not to continue with Zoylee, they may terminate the contract as defined in this document’s Termination Clause. However, as a special relief, Zoylee, at its wish and discretion, might make the changes, amendments or adjustments for a particular partner or artist. Zoylee reserves the right to take the final call on any or all matters.
4. Terms of Payouts and Settlements: The payments from customers shall be received in two ways:
   1. Online via any reliable web-based payment gateway integrated to the Zoylee Platform.
   2. Cash, including hard cash and electronic mode of payments, is collected at the Partner location. After calculating the payables and receivable after successful delivery of services, Zoylee and the partner shall transfer the amount payable or receivable to or from each other after deductions and/or adjustments, as applicable, of agreed terms including the GST, if applicable. The payment cycle would be mentioned in the contract of the partner/artist.
   location. After calculating the payables and receivable after successful delivery of services, Zoylee and the partner shall transfer the amount payable or receivable to or from each other after deductions and/or adjustments, as applicable, of agreed terms including the GST, if applicable. The payment cycle would be mentioned in the contract of the partner/artist.
5. Tax and Other Mandatory Obligations: It shall be the sole responsibility of the partners and artists (who are registered under GST) to adhere to the compliances of applicable tax, including but not limited to GST and other statutory dues, as applicable, including the deposition of taxes to the government account and filing of statutory dues.
6. Remuneration/Commission for using Zoylee Platform: Zoylee may charge a compensation in form of commission at a pre-defined percentage of the Pre-GST/GST Inclusive amount (as mentioned in the contract) of the requested service rendered successfully by the partners and artists along with the applicable GST on the amount. It shall be the sole discretion of Zoylee to fix the commission from the Partners and Artists. Applicable charges shall be notified to the Partners and Artists via email, SMS or push notifications on the Zoylee Business or Artist app, or any other convenient medium. Zoylee may withhold, in case of payments made by customers through the integrated payment gateway, the Payment Gateway fees as charged by the service provider against the received amount from the customers.
7. Ownership and Rights of Intellectual Property Assets: The ownerships and rights of any Logos, Banners, Trademarks, Symbols, Marks, or any other Intellectual Property being used by Zoylee shall be deemed as the property and ownership of the Zoylee at all times (unless specified). Artists and Partners shall have no right or permission to use, display, claim, the name or logo or any intellectual property asset of the Zoylee Platform or Zoylee Web Services Private Limited. Zoylee may file a suit legally for recovery and compensation of damages and prosecution, through a civil suit for breach of this clause, in case any infringement of this clause is prima facie established.
8. Indemnity Clauses: Artists and Partners shall release the Zoylee Platform from, and agree to indemnify, defend and hold harmless us (and any Directors, Officers, Employees, Agents and Affiliates) against, any third party claim, damage, loss, damage, cost, settlement, taxes, expense or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to:
   1. any alleged or actual breach of any representations they have made;
   2. any claims related to hygiene and/or quality of services from the customer(s) who have booked, received, or during the provision of the services through Zoylee Platform;
   3. GST or the collection, payment, or failure to collect or pay GST, or the failure to meet tax registration obligations or duties; or
   4. any non-compliance with applicable clause/laws
9. Authenticity of Registered Profile: Zoylee Artists and Partners shall validly and appropriately disclose their identity while completing the registration process with Zoylee including all essential information. An OTP (One Time Password) verification of the contact information including the Phone Number shall be done by Zoylee. The sole responsibility of the authenticity of all the information provided during the registration process shall be of the partners and artists.
10. Unauthorised Usage: In case the Zoylee Artists and Partners, with a malafide intention of creating nuisance/disturbance of any unwanted activities that may potentially deteriorate or hamper the reputation of the Zoylee Platform or Zoylee Web Services Private Limited, then in such a scenario the company may remove, suspend, or modify contents or may even terminate the contract of the partner/artist as mentioned in Clause 12, without any prior intimation or notice. For any breach of any Code of Conduct as outlined in this document, the partner/artist shall be solely responsible and shall be liable to indemnify Zoylee Web Services Private Limited as given in Clause 9 of this document. The company 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.
11. Termination Clause: This contract shall terminate on breaching or invoking any of the terms listed below:
    1. Zoylee Web Services Private Limited may suspend or terminate the contractual relationship with Artist/Partner on breach of any of the clauses of this document, which may warrant such suspension/termination.
    2. The Partner/Artist may terminate the contractual relationship if they wish to de-list their services from the Zoylee Platform.
    Notwithstanding the points listed above, this clause shall not, contravene the rights of any of the parties with respect to the settlement amounts of pre-termination operations and any liability or pending dues, which might have been incurred due to contravention of any law or breach of the terms and conditioned listed in this document which might lead to any civil or criminal suit under the Indian Judicial System.
12. Customer Review: Zoylee Platform has its own unique User Review System, which allows customers to drop their reviews and feedback based on the solicited service and/or experience. Team Zoylee has access to the user reviews. Therefore, it shall be deemed a breach of trust as well as the some clauses of this document, if the Zoylee Artists and Partners seek forced reviews from the customers or get fake reviews from non-customers for gaining unscrupulous visibility and customers.
13. Legal Remedy: Zoylee and the registered Artists and Partners shall be bound by this agreement and applicable laws governing the signed contract. Zoylee, barring Clause 12 of this agreement, shall also 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.
14. Governing Laws: Any conflict that might arise between the involved parties hereto shall be subjected to the law of the State of Uttar Pradesh, where Zoylee has its registered office. Hence, the Courts in Uttar Pradesh shall have exclusive jurisdiction in such matters.
15. Marketing Resources and Offers like Discount Coupons Provided by Zoylee: To drive new sales and enhance customer retention, Zoylee and/or the partners may decide to offer additional discounts in form of coupon codes and cashbacks which minimise the transaction amount for the customers. The party hereto which offers such coupons and discounts shall bear its cost, and therefore, shall keep the other party unaffected.
16. Force Majeure: The Company shall not be liable for any delay or failure to perform any of the obligations under this Agreement by any reasons, events or other events beyond its control.
17. Waiver: If any Zoylee Partner or Artist breaches any of the conditions of this agreement and the company doesn’t take any action against it, it will still be entitled to exercise its rights and remedies in any other situation where any breach of the agreement has been done by the Partner or Artist.

The Guidelines to be Understood, Agreed, and Compulsorily Practised by Zoylee Partners, Who Wish to Solicit Customers/Services through the Zoylee Platform are as Follows:

1. Performance of Services: Zoylee Partners and Artists resolve to abide by the policies and instructions as mentioned in this document. Zoylee Artists and Partners shall be obliged to deliver the best quality services using quality products, tools and equipment.
2. Appointment/Booking Acceptability: Zoylee has provisioned a proprietary online booking acceptance system, which allows the platform to automatically accept the booking requests and notifies the respective Zoylee Partners and Artists through the Zoylee Business/Zoylee Artist App, about the appointment requested by the customer for the listed services. Other communication channels might or might not be used to intimate Zoylee Artists or Partners. It shall be the responsibility of the Artists and Partners to accept and acknowledge the confirmed appointment and provide the booked services. Failing to do so may force Zoylee to take strict action against the party or even terminate the contract.
3. Appointment/Booking Cancellation: Zoylee Artists and Partners are permitted to cancel the appointment 2 Hours before the scheduled time. If the appointment schedule is under 2 hours, then the Artists and Partners are bound to complete the booking except for justified/valid inoperability because of the measures beyond their control. Visit Cancellation and Refund Policy to learn more about the policy.
4. General Code of Conduct: Zoylee Artists and Partners are required to follow the policies and guidelines in spirit. They shall also be obliged to rigorously follow the code of ethics or fair practices in case any issue/conflict arises that is not outlined in this document. In case a generally acceptable principle clashes with any specific clause of this document then the latter shall prevail over the prior.
5. Maintaining Hygiene and Cleanliness: Zoylee Partners, in particular, shall keep the premises as well as tools and equipment for rendering of service clean and hygienic to ensure quality of service.
6. Parity of Charges/Fees: Zoylee Artists and Partners shall not, with intent to earn unethical profits, provide the services through the Zoylee Platform, at such prices which are more than general market standards.
7. Payment Terms: Zoylee Partners and Artists are expected to keep records of the amount collected from customers by cash and electronic means of payment.
8. Solicitation of Customers: The customers who visit the Partners’ outlets through the Zoylee Platform or the artists who visit the customers’ place for rendering services mustn’t be solicited to gain personal and unethical business. It will be considered a serious breach of agreed terms and behaviour in general.
9. Date and Time Slots: Zoylee Platform allows users to book appointments as per their convenient date and time. In case the customer has chosen a slot and the Zoylee Artist/Partner has agreed to the booking, then in that case it shall make all possible arrangements to deliver the service(s) at that particular date and time.
10. Confidential Customers Information: The confidential information of the customers, such as name, contact details, address and other personal details that come to the knowledge of Zoylee shall be kept confidential and no intentional or unintentional use of the customer data shall be allowed.
11. Responsibility: Zoylee Artists and Partners shall not be allowed to use the Zoylee Platform in any way that results in, or is likely to cause, the Platform or access to it to be interrupted or hampered. Zoylee Partners and Artists must understand and agree that they, and not Zoylee, are responsible for all electronic communications and content shared from their device, and thus, they must use Zoylee Platform solely for ethical/lawful purposes.

Zoylee Artists and Partners shall not use the platform for the following points:

1. for unlawful activities and fraudulent purposes, or in connection with a criminal
2. to send, access, use or reuse any material that does not belong to them; or is illegal, harassing, obsense, deabsusive, offensive (including but not limited to pornography or sexually explicit materials)
3. that advocates/promotes/encourages racism, hatred, bigotry, or physical harm), indecent, deceptive, defamatory, misleading, blasphemous, libelous, pedophilic or menacing; ethnically objectionable, disparaging, or,
4. in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or,
5. is otherwise injurious to third parties; or
6. relates to or promotes money laundering or gambling; or,
7. is harmful to minors in any way; or,
8. impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or,
9. objectionable or otherwise unlawful in any manner whatsoever; or,
10. which consists of or comprises software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam; or
11. to cause annoyance, inconvenience or needless anxiety.

Registration, Booking Fees, Payments and Taxation

• Registration Fees

  Zoylee doesn't charge any amount for registration or appointment booking (Booking Fees). However, the Company reserves the right to charge membership and/or booking fees, by giving prior notice on its platform and social channels.

• Payments

  Zoylee allows users to make both cash and online payments for the services.

  1. Cash Payments:

     Customers, when requesting for an appointment, can choose the 'Pay at Counter' option and make the payment at the venue. However, in the case of “Salon at Home” services, cash payments are not applicable. Customers can only make the online payments (in advance) to book their appointments.

  2. Online Payments:

     Customers, when requesting for an appointment, can choose the 'Pay Online' option to make advance payment for the service.

In this case, Zoylee will collect the payment on behalf of the relevant partner and share a Payment Receipt (not Tax Invoice) with the user. For online transactions, Zoylee collects required financial information (such as your debit or credit number, CVV number, and expiration date) as required for payment processing. However, for safety reasons, we do not store the data.

As mentioned in the previous section, online payment is the only mode of payment in case of “Salon at Home” Services.

All the services and prices listed on Zoylee Website and Zoylee Application are bound under the Finance Act of the Government of India. Presently, ZOYLEE follows Goods and Services Tax introduced as The Constitution Act, 2017, following the passage of Constitution 122nd amendment bill. Thus, the prices of services listed on the Platform are inclusive of 18% GST.

Declaration For Gst Registered Zoylee Partners And Artists For Gst Compliances Wrt Transactions Through Zoylee Platform

I/We, being the “GST Registered Service Provider” registering on behalf of our Salon/Spa/Parlour and services of the similar nature providing entity on the Zoylee Platform, which is owned and operated by Zoylee Web Services Private Limited, hereby declare the below mentioned points:

1. Our/My Business or my Individual practice is registered with the GST Tax Department of Government of India under the GSTN, as being declared on the Registration Profile section of Zoylee Platform.
2. I/We agree that I/We am/are not a Composition Scheme service provider under the GSTN and that my/our GST Registration is under the regular scheme of the GST Tax Department.
3. I/We am/are acknowledge that the transactions with Zoylee Web Services Private Limited through the mobile and web-based platform owned and operated by it.
4. I/We am/are aware of my/our duty of collection and payment of taxes collected against the services provided through the Zoylee platform, with respect to business generated by me/us through the Zoylee Platform as
5. I/We acknowledge my/our duty of timely filing of GST for the business generated by me/us through the Zoylee Platform.
6. I/We, am/are aware that the transactions and settlement with Zoylee is liable to TCS (Tax Collected At Source) of the current GST provisions under section 24(x) of CGST Act, 2017 (“Includes Reference to Similar Provisions under respective State, UT GST Acts”) as applicable to Zoylees, and hence, TCS shall be deducted and paid to the credit of Government by the Zoylee and the credit of which shall be available to me/us as per applicable GST
7. I/We am/are aware of my/our responsibility of timely intimation to the Zoylee in case my/our GST registration is Revoked/Surrendered/Cancelled owing to any consequence whatsoever under the Rules and Provisions of CGST Act, 2017.
8. I/We, am/are aware that the amount charged through the invoice(s) for Commission/Fee/Remuneration by the Zoylee for the generated business by me/us through the Zoylee Platform is liable to applicable GST.
9. I/We, hereby acknowledge that this declaration shall be deemed to be filled, agreed, and communicated, along with all the relevant information as needed in this declaration, to the Zoylee on verification of the profile to be filled in by me/us provided on Zoylee Platform.

Declaration For Existing Unregistered Gst Partners And Zoylee Artists With Respect To Transactions Through The Zoylee Platform

I/We, being the “Unregistered GST Service Provider” registering on behalf of our Salon/SPA/Beauty Parlour and services of similar nature providing entity on the Zoylee Platform, hereby declare the following as mentioned below:

I/We acknowledge that the transactions through Zoylee Platform, owned by Zoylee Web Services Private Limited, falls under the category of e-commerce transactions.

1. I/We hereby declare that my/our business entity or individual practice is not registered with the Goods and Services Tax Department as my/our aggregate taxable delivery of goods and services is well below the set threshold limit for GST.
2. I/We, am/are, aware of my/our duty and responsibility of timely intimation to Zoylee Web Services Private Limited in case my/our aggregate taxable turnover exceeds the threshold limit for GST as well as obtaining the GST Certificate and timely notification of the GSTN to Zoylee Web Services Private Limited.
3. I/We acknowledge that the amount charged/requested through the invoice(s) for Commission/Fee/Remuneration by Zoylee business generation for me/us through their Online Platform is liable to GST as applicable.
4. I/We hereby acknowledge that this declaration shall be deemed to be filled, agreed, and communicated, along with all the relevant information as needed in this declaration, to Zoylee on verification of the profile to be filled in by me/us provided on the Zoylee Platform.

This is an electronically generated declaration, and does not require any physical signature.

ZOYLEE Points/Wallet Points

Zoylee Points/Wallet Points are the points given in the user’s account that can be deemed during payment for appointment booking on Zoylee Platform as per the outlined terms and conditions. Zoylee Points have a validity period that is generally mentioned in Terms and Conditions and can differ as per Zoylee’s discretion. ZOYLEE WEB SERVICES PRIVATE LIMITED reserves the right to update, amend, or cancel provision for Zoylee Points for its users at any given point of time without any prior notice.

Zoylee Wallet Points

1. As a welcome bonus, Zoylee provides 100 Points to the new users on app downloads.
2. 1 Zoylee Point is equivalent to Rs. 1. Thus, 100 Zoylee Points is worth Rs. 100.
3. Users can redeem 50 Points for order value ranging from Rs. 99 to Rs. 499 and 100 Points on order value equal to or more than Rs. 500.
4. Zoylee Points can't be cancelled or transferred to any other Zoylee Wallet.
5. Zoylee Points can't be transferred to any bank account or withdrawn to another in the form of cash.

• Use of Zoylee Points in the event of Appointment Cancellations
1. When the customer cancels the appointment(s), the Zoylee Points used for the transaction(s) (if any) will not be refunded.
2. When a Zoylee Partner or Artist cancels the appointment(s), the Zoylee Points used for the transaction(s) (if any) will be refunded to the customers, which they can reuse later.

Zoylee Coupons

In its own discretion, Zoylee, from time to time, may issue Promotional Coupons and Codes - free of charge - that can be redeemed by the users to get discounts and/or financial gains on different services.

1. shall not be duplicated, transferred or sold in any manner;
2. shall not be shared with others;
3. should be used within its validity;
4. may be cancelled or disabled by Zoylee at any point of time for any reason without liability to the company.

Zoylee reserves the right to deduct or remove Promotional Coupons and Codes in the event that the Company reasonably determines or finds that the use of the same was in error, illegal, fraudulent, or in violation of the terms and conditions of the Promotional Coupons.