Effective Date: Date of digital acceptance
Parties: Awestruck Joymakers LLP ("Awestruck") and the Vendor whose details are submitted in this onboarding form ("Vendor").
1. Role of Awestruck
Awestruck operates a technology platform (website, iOS app, Android app) that allows customers to discover, compare, and book local experiences. Awestruck acts as a booking and payment-collection intermediary. Awestruck does not own, operate, or deliver the Vendor's experience.
2. Vendor Onboarding & Data Responsibility
The Vendor warrants that all information submitted is true, accurate, complete, and current. Incorrect or misleading information may cause delay or removal from the platform. The Vendor agrees to notify Awestruck within 7 days of any change.
3. Payment Collection & Payout
Payment is collected by Awestruck. Payouts are transferred to the Vendor's bank account within 3 to 5 working days after the experience is successfully completed. Working days exclude weekends, public holidays, bank holidays, and Force Majeure events.
4. Commission
Awestruck retains a commission on every successful booking. The exact percentage is mutually agreed and confirmed between the Vendor and Awestruck via email or recorded call. Commission rates are confidential.
5. Pricing
The Vendor agrees that the price listed on Awestruck will be lower than or equal to the price offered elsewhere. Once a booking is confirmed, the Vendor must honour the price as listed.
6. No Bypass / No Circumvention
The Vendor must not encourage any Awestruck customer to book outside the platform, offer discounts for direct booking, or use customer data for marketing without consent.
7. GST & Taxes
The Vendor is responsible for GST compliance. Awestruck will deduct TDS as required under the Income Tax Act, 1961. False tax declarations may result in recovery of losses and termination.
8. Cancellations, Refunds & Disputes
The Vendor sets their own cancellation policy. If the Vendor fails to honour a booking, Awestruck will refund the customer and recover the amount from the Vendor.
9. Experience Delivery
The Vendor undertakes to deliver experiences as listed, comply with all applicable laws, hold valid insurance, and respond to queries within 24 hours.
10. Intermediary Status & Liability
Awestruck operates as an intermediary under Section 2(1)(w) of the Information Technology Act, 2000. Awestruck has no liability for incidents at the Vendor's venue.
11. Indemnity
The Vendor agrees to indemnify Awestruck against any third-party claim arising from the Vendor's acts, omissions, or breach of this Agreement. This survives termination.
12. Confidentiality & Data Protection
Commercial terms are confidential. Customer data shared by Awestruck must be used solely for delivering the booked experience. The Vendor must comply with the DPDP Act, 2023.
13. Termination
Either party may exit with written notice. Awestruck may remove a Vendor immediately for serious offences including harassment, fraud, bypass, or breach of agreement.
14. Policy Changes
Awestruck may amend platform policies with reasonable notice. Continued use after changes constitutes acceptance.
15. Governing Law
This Agreement is governed by the laws of India. Courts of Mumbai, Maharashtra have exclusive jurisdiction.
16-20. General
Force Majeure provisions apply. Notices via email. Assignment by Awestruck permitted. Independent contractor relationship. Electronic acceptance is legally binding under the IT Act, 2000.
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