Relationship Manager Terms & Conditions

This document is governed by the Information Technology Act, 2000, and the rules and regulations in force thereunder.

An electronic record is an electronic record as per the provisions relating to electronic records in various statutes as amended by the Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

By clicking on the "I Accept" button, you are agreeing to be bound by these Relationship Manager T&C for using the Store Vivah RM platform for the purpose of arranging branch visits to customers and arranging branch visits to users. Please ensure that you read and understand all these Relationship Manager T&C before using the service of the Store Vivah RM platform.

Because once you click on the "I Accept" button, all relationship managers involved will be bound by the T&C.

If you do not accept any of the Terms and Conditions of Relationship Manager, please do not use the Store Vivah RM Platform or avail any services being offered therein.

Your agreement to the Relationship Manager Terms & Conditions shall operate as a binding agreement between you and StoreVivah with respect to the services of the StoreVivah Platform.

Your engagement with Store Vivah to use the services of the Store Vivah RM Platform is subject to your acceptance of these Relationship Manager T&C. Store Vivah reserves the right, at its sole discretion, to change, modify, add, or remove these Relationship Manager T&C, in part or in whole, at any time without prior notice to you. It is your responsibility and duty to check the Relationship Manager T&C periodically for changes. Your continued use of the Store Vivah RM Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Relationship Manager T&C, Store Vivah grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the service on the Store Vivah RM Platform.

1. Definitions

“Acceptance” means your affirmative action of clicking the box opposite the words “I accept” at the end of these Relationship Manager T&C, by which you expressly accept the Relationship Manager T&C and any amendments thereto;

"Agreement" shall mean the Service Availability Agreement executed between Store Vivah and Relationship Manager in terms of which Relationship Manager has agreed to provide the Services;

"Applicable Law" shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, or other declaration which is in effect as law in India or which may come into effect at any future date;

"Relationship Manager" or "you" or "your" or "yourself" shall mean the person who has executed the contract for the provision of services;

“Relationship Manager Information” shall mean any personal data collected from the Relationship Manager, including the Relationship Manager’s Know Your Customer documents with bank, valid government vehicle

This will include copies of the registration certificate, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of the vehicle, and any other information that Store Vivah deems appropriate.

"Relationship Manager Vehicle" shall have the meaning specified in clause 5(i);

“Services” shall mean one or both of the following depending on the context:

a. Services provided by the relationship manager to StoreVivah for making itself available on the StoreVivaah RM Platform for the purpose of receiving orders placed by users;

b. Customer Branch Visit services provided by the Relationship Manager to the Users, whereby the Relationship Manager arranges branch visits by the Users.

“Intellectual Property Rights” shall mean and include

Copyright (whether registered or not), patents including rights to file patents, trademarks, trade names, trade dress, house marks, collective marks, collaborative marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcast rights, display rights, distribution rights, selling rights, reproduction rights, domain names, internet addresses, graphics, artwork, links, information, logos, software, configurations, marketing and distribution materials, and any other intellectual property rights in the Store Vivah website and the Store Vivah Platform that are used and/or owned by Store Vivah;

“Lead Business Associate” shall mean an individual nominated by Store Vivah who shall be responsible for ensuring that all questions and queries of the relationship managers operating within a specified regional area are answered, as well as providing all necessary operational support to such relationship managers;

"Platform Services" shall have the meaning specified in the Agreement;

“Termination Date” shall mean the date on which these Relationship Manager T&C and Agreement terminate;

Manager refers to the Terms and Conditions, which are available on the Store Vivaah RM Platform, as may be amended from time to time;

“Store Vivah” or “We” or “Us” or “Our” shall mean Store Vivah Private Limited, a company incorporated under the Companies Act, 2013, and having its registered office at 1/117 Sector 1 Indira Gandhi Nagar Jagatpura Jaipur, Rajasthan, which expression, unless it is repugnant to the context or meaning thereof, shall be deemed to include all our successors, affiliates, and assigns;

“Store Vivah RM Platform” has the meaning specified in the Agreement. It shall also include the mobile interface provided to the relationship manager for all purposes, including to enable the relationship manager to provide customer branch visit services as well as all back-end technology to enable Store Vivah to track customers and other relevant information;

Unless the context of these Relationship Manager Terms and Conditions requires otherwise:

i. A word or expression that denotes a natural person shall include an artificial person (and vice versa); one gender shall include the other genders; the singular shall include the plural (and vice versa).

ii. The headings and bold typeface in these Relationship Manager Terms & Conditions are for convenience only and shall be ignored for the purposes of interpretation.

iii. The use of any specific example after the use of the word "including" in these Relationship Manager Terms and Conditions shall not be construed as limiting the meaning of the general words preceding it.

iv. The rule of construction, if any, that a contract should be interpreted against the parties responsible for its drafting and preparation will not apply.

v. A reference to any clause, paragraph, section, or schedule shall mean a reference to any clause, paragraph, section, or schedule of these Relationship Manager T&C, unless otherwise specified.

vi. Reference to any applicable law shall mean a reference to that law as amended, consolidated, supplemented, or replaced.

2. Applicability of Relationship Manager Terms & Conditions

These Relationship Manager Terms and Conditions, together with the Agreement, shall constitute the entire understanding between the parties. By accepting these Relationship Manager Terms and Conditions, you accept and agree to the Relationship Manager Terms and Conditions and Store Vivah's policies that Store Vivah may apply to you from time to time to the fullest extent possible.

Unless otherwise defined herein, words, phrases, and capitalized terms contained in or referred to in these Relationship Manager Terms & Conditions shall have the meanings ascribed to them in the Agreement.

3. Services and Fees

i. Subject to the terms and conditions contained in these Relationship Manager T&C and Agreement, the Relationship Manager agrees to make itself available to undertake Branch Visit Services on the Store Vivah RM Platform whenever requested by the user through the Store Vivah RM Platform and provide Branch Visit Services to the users to the best of its abilities.

ii. The Relationship Manager agrees and acknowledges that the Customer Branch Visit services rendered by the Relationship Manager, upon acceptance by him from the App, shall constitute a separate contract for services between the Relationship Manager and the User under the Consumer Protection Act, 2019 or any successor legislation to which StoreVivah is not a party.

iii. At the time of availing Platform Services from Store Vivah for the first time, the Relationship Manager shall, at Store Vivah's discretion, either (i) pay to Store Vivah an onboarding fee ("Onboarding Fee"), being such amount and in such manner as may be determined by Store Vivah from time to time, or (II) pay to Store Vivah an interest-free refundable security deposit ("Security Deposit"), being such amount and in such manner as may be determined by Store Vivah from time to time. In addition, Store Vivah shall charge additional fees from the Relationship Manager for any additional training and support services provided by Store Vivah ("Training and Support Fees"). To enable the Relationship Manager to provide Customer Branch Visit Services, Store Vivah may provide certain assets to the Relationship Manager, including but not limited to the Store Vivah RM Platform on the Relationship Manager's smart phone; bags, etc. If the assets returned by the relationship manager are not in a usable condition, Store Vivah shall deduct the amount as provided in Annexure A. The parties understand that Store Vivah's decision as to whether the assets are usable or not shall be final and will be binding on the relationship manager.

iv. The relationship manager will, at the discretion of Store Vivah, be required to pay either the onboarding fees or deposit the prescribed security deposit at the time of his/her joining in his/her city.

v. In consideration for Store Vivah making the Store Vivah RM Platform available to you, Store Vivah may, in its sole discretion, charge a fee for providing the Platform Services (“Platform Fees), notice of which will be given to you by such means as Store Vivah deems appropriate. Your continued use of the Store Vivah RM Platform and Services after such notice shall constitute acceptance by you of the platform fees. The platform fees may be amended by Store Vivah, in its sole discretion, from time to time, without notice.

vi. The amount of training and support fees, onboarding fees, security deposits, and platform fees shall be determined by StoreVivah and may be revised from time to time at StoreVivah’s discretion.

vii. The relationship manager will be required to create a log-in ID on the Store Vivah RM Platform to provide customer branch visit services. The relationship manager acknowledges that the sign-in details, including username and password, are confidential, and accordingly, they will not be shared with any third party without written approval from Store Vivah.

ix. The Relationship Manager confirms and acknowledges that by logging in to the Store Vivah RM Platform, he agrees to be tracked by Store Vivah through GPS-enabled tracking technology, and Store Vivah may share this information with the Users on a real-time basis for the purpose of enabling the status of the Branch Customer Branch Visit services being provided by Relationship Manager to the Users. The relationship manager further agrees that logging in to the Store Vivah RM Platform shall be deemed to be an acceptance of the relationship manager's intention to accept orders from the users to provide the services mentioned herein.

x. All reasonable efforts will be made by the relationship manager to reach out to users as quickly and efficiently as possible.

xi. In consideration of the services provided by Relationship Manager to Users for Customer Branch Visits, Relationship Manager may charge service charges (Branch Visit Charges) from Users, provided such charges are accepted by the User at the time of onboarding a New Customer. The charges shall be agreed between the relationship manager and Store Vivah from time to time in the manner provided under T&C.

xii. In order to incentivize the Relationship Manager to deliver on his/her committed availability on the StoreVivah RM Platform whenever he/she is connected with a User, StoreVivah may, at its discretion, require the Relationship Manager to pay a fee (the "Availability Fee") to the Relationship Manager from the Users ("Availability Fee").

xiii. Notwithstanding anything to the contrary under Clause 3(ix) above, the Relationship Manager hereby fully, unconditionally, and irrevocably authorizes Store Vivah to determine the amount chargeable by the Relationship Manager as Branch Visit Fees through such means as Store Vivah may determine, including taking into account real-time analysis of demand for Customer Branch Visit services, availability of Partners on the Store Vivah RM Platform to provide Services to Users, traffic and weather conditions, seasonal peaks, and such other factors as Store Vivah deems appropriate, and you agree that the Fees may be revised from time to time based on one or more of these factors. Store Vivah will, from time to time and through such means as it deems appropriate, notify you of the fees it may charge users.

xiv. You will not charge users any amount in excess of the amount of fees agreed between you and StoreVivah under these Relationship Manager Terms and Conditions.

xv. You authorize Store Vivah to collect from the users, on your behalf, the fees charged by you to them for providing branch visit services to the users through the app, which shall be remitted to you on a weekly basis in such manner and on such day(s) of the week as Store Vivah may determine from time to time.

xvi. StoreVivah may, at its sole discretion, pay additional amounts and/or incentives (over and above the amounts collected by StoreVivah from Users) to the Relationship Manager for the services provided by the Relationship Manager using the StoreVivah RM Platform.

xvii. Store Vivah may at any time: (a) set off and deduct any amounts payable or offered to be paid by Store Vivah to the Relationship Manager, including Fees and Availability Fees collected from Users by Store Vivah on behalf of the Relationship Manager, and (b) apply such amounts against any amounts payable by the Relationship Manager under or in connection with the Agreement and the Relationship Manager T&Cs, including without limitation the Platform Fees. Store Vivah shall only have the right and obligation to pay such amounts that are due and payable by Store Vivah to the Relationship Manager, if any amounts remain due and payable after such set-off, deduction, and application as set out under this Clause 3(xvii). Nothing in this Clause 3(xvii) shall prejudice any right or remedy available to Store Vivah, whether under contract, statute, or equity, to recover any amounts due or payable by the relationship manager under or in connection with the agreement and the relationship manager T&Cs, whether such amounts arise under contract, tort, statute, or equity.

xviii. Notwithstanding anything contained in these Relationship Manager T&C, there shall be no obligation on the Relationship Manager to be available for a minimum number of hours/days on the Store Vivah RM Platform if he gets atleast one branch visit done within 90 days of completing level 6.The relationship manager acknowledges that he has flexible timings and can choose to log in to the Store Vivah RM Platform whenever and for as long as he wishes at his discretion. Store Vivah will also not monitor the actions and conduct of the relationship manager unless they are in gross breach of their duty to provide the services under these relationship manager T&C or the agreement. All queries and questions raised by the relationship manager, including but not limited to, where to pick up from the showroom partner outlet, directions to the customer branch visit address, during transit, and how to store, shall be directed to the lead business associate of the particular region from which the relationship manager is operating to provide the service.

4. Tax

i. You authorize Store Vivah to deduct Tax at Source (TDS) in accordance with the Income Tax Act, 1961, where applicable, and other applicable taxes from amounts paid or remitted to you under the Agreement or these Relationship Manager T&Cs, including customer branch visit charges collected by Store Vivah on your behalf from Showroom Partners and Users, including the following:

ii. If any Tax is required to be deducted from the Customer Branch Visit Fees or any amount payable by Store Vivah under the Agreement and Relationship Manager Terms & Conditions, the Company shall deduct the same and provide the Business Associate with sufficient evidence of depositing the said Tax with the Indian Tax Authorities in accordance with the Income Tax Act, 1961. If Store Vivah is required to withhold any payment under applicable law from any amount due or payable to Relationship Manager under or in connection with the Agreement and Relationship Manager Terms & Conditions, Store Vivah shall be entitled to deduct the same and deal with the same in the manner required under applicable law.

iii. StoreVivah will generate a tax invoice containing the details prescribed under the Goods and Services Tax Act, 2017, as amended from time to time, and rules made thereunder for any amount charged to you by StoreVivah, including the platform fees. The platform admin fees shall be inclusive of applicable taxes.

5. Responsibilities of the relationship manager

i. Whenever a request for customer branch visit services is placed by the user through the Store Vivah RM Platform, the relationship manager makes himself available to provide branch visit services.

ii. If required, the relationship manager will use his/her personal vehicle (“Relationship Manager Vehicle”) to provide branch visit services. No vehicle of any kind will be provided by Store Vivah under any circumstances.

iii. The relationship manager will ensure that the relationship manager vehicle is well maintained and in good condition so that there is no delay in providing branch visit services.

iv. All expenses incurred in respect of maintenance, running, and ride of the relationship manager's Vehicle shall be borne by the relationship manager, unless otherwise agreed by Store Vivah.

v. The Relationship Manager must have a valid driving license and valid registration number for the relationship manager vehicle.Copies of the driving license as well as the registration certificate of the relationship manager's vehicle, along with any other relationship manager information, shall be handed over to Store Vivah prior to commencement of Branch Visit services or at any other time as deemed appropriate by Store Vivah.

vi. The relationship manager must have valid and adequate insurance coverage for the vehicle. The relationship manager must ensure that the insurance is valid, up-to-date, and in existence during the term of these relationship manager T&C. A copy of the insurance policy shall be given to Store Vivah by the relationship manager. The relationship manager also confirms that all premium payments for the insurance policy shall be made by the relationship manager only. Under no circumstances shall Store Vivah be liable to make any payment in respect of such insurance.

vii. While initiating branch visit services, the relationship manager will work with honesty, discipline, and in accordance with Store Vivah's policies and directives, whether currently in force or adopted in the future, including safety and driving rules, etc., but not limited to them. The relationship manager will also comply with all applicable laws, including the provisions of the Motor Vehicles Act, 1988, and its related rules.

viii. The relationship manager shall not commit any fraud while rendering branch visit services or otherwise perform any act or omission to gain any unfair advantage. The relationship manager agrees and acknowledges that if Store Vivah believes that the relationship manager has committed any of the aforesaid offenses while performing branch visit services, Store Vivah reserves the right, in its sole discretion, to (a) disable the relationship manager from performing branch visit services through the Store Vivah RM Platform for such period as it deems fit and/or (b) deduct from the payments the unfair advantage made by the relationship manager through fraudulent orders, including incentives and/or security deposits, if any. This right to withhold payments, including incentives, may also be exercised by Store Vivah when the Service Parameter Guidelines prescribed by Store Vivah from time to time are not met.

ix. The Relationship Manager is specifically not permitted to interrupt or divert users' branch visits at any time. If Store Vivah suffers any loss due to any damage caused by relationship manager to the users' branch visit packaging or tampering with the user's goods, Store Vivah shall be entitled to make good any loss, if any, from the payments due to be made by Store Vivah to the relationship manager under the Contract or these Relationship Manager Terms and Conditions.

x. Where the relationship manager is required, under the instructions of Store Vivah, to use his personal cash for the purpose of making payment to a showroom partner for the value of the customer branch, the relationship manager shall collect the original receipt from the partner and recover his payment from the user by handing over the original receipt. Without prejudice to the preceding sentence of this clause 5(x), any amounts collected by the relationship manager from the users, on behalf of and on account of Store Vivah, shall be deposited by the relationship manager with Store Vivah in such manner and at such frequencies as Store Vivah may direct from time to time.

xi. Notwithstanding Clause 5(x), where the relationship manager is required to collect branch visit Values from the User but the showroom lartner is not required to pay the branch visitor values, any amounts payable by the relationship manager to Store Vivah from the users shall be deposited by the relationship manager with Store Vivah in such manner and at such frequencies as Store Vivah may direct from time to time.

xii. The relationship manager must maintain the welcome kit in good condition at all times and return it to Store Vivah immediately upon termination of these Terms and Conditions of Store Vivah. If the property is not returned to Store Vivah in a condition acceptable to Store Vivah or is not returned at all, Store Vivah reserves the right to set off the value of the Welcome Kit against payments due to be made under the Agreement or these Relationship Manager Terms and Conditions.

xiii. The relationship manager will handle the customer branch visit services on his own and will not delegate the same to any individual or third party.

xiv. The Welcome Kit must be used judiciously so as not to destroy or damage any of its contents. Upon receipt of any branch visit for providing customer branch visit services after logging in to the Store Vivah RM platform, the relationship manager shall perform his role in an ethical manner and to the best of his abilities by ensuring timely pick-up and branch visit. In case of any delay due to traffic, the relationship manager must inform the showroom partner and the user and follow the instructions given by them.

xv. Relationship Manager acknowledges that Store Vivah's goodwill and reputation are at stake in how effectively and efficiently the relationship manager provides services to Customer Branch Visitors in accordance with these Relationship Manager T&C. Accordingly, Relationship Manager will not take any action that adversely affects Store Vivah and undertakes to comply with applicable law at all times and protect Store Vivaah's brand image, business reputation, or any other property or assets.

xvi. While logged in to the StoreVivah RM Platform, the relationship manager shall not engage in any illegal activity or do any act which is contrary to applicable law.

xvii. All confidential information received will be kept confidential at all times and will be used only for providing customer branch visit services and for the limited permitted purposes of providing information.

xviii. The relationship manager shall not have the right to claim reimbursement of hospitalization or hospital bills incurred while providing branch visit services or reimbursement of expenses incurred by his family members for any unfortunate accident or critical illness during the subsistence of the contract and relationship manager terms and conditions.

6. StoreVivah obligations

i. Store Vivah will endeavor to take reasonable and financially prudent measures to ensure an adequate flow of orders from users to the relationship manager.

ii. All Relationship Manager information received will be kept confidential and will only be used in accordance with the Relationship Manager Terms & Conditions and Agreement.

iii. Store Vivah will make all reasonable efforts to ensure that the Store Vivah RM Platform remains up and running at all times. However, it shall not be liable for any technical glitches or updates due to which a relationship manager is unable to log in or receive orders on the Store Vivah RM Platform.

7. Relationship Manager's information

I. Store Vivah may collect Relationship Manager information at the time of execution of these Relationship Manager T&C or at any time thereafter to establish the identity of the Relationship Manager. Store Vivah reserves the right to store, process, access, and use Relationship Manager information for business purposes and needs, background checks, verification, marketing, service, development, analysis, research, and any other purpose as Store Vivah deems appropriate and in accordance with applicable law. The relationship manager expressly consents to the collection and use of such relationship manager information.

II. Subject to applicable law, Store Vivah may provide any relationship manager information or information relating to the relationship manager services to a third party, government agency, or judicial body in case there is a complaint, dispute, or conflict involving the relationship manager on one side and the end consumer or third party on the other side.

8. Intellectual Property Rights

I. The parties agree that all Intellectual Property Rights shall be in the sole ownership, possession and control of StoreVivah and the Relationship Manager is permitted to use only such Intellectual Property Rights as are specifically permitted by StoreVivah in connection with the Delivery Services provided under these Relationship Manager T&C. The parties hereby clarify that no license or right in the Intellectual Property Rights is granted, by implication or otherwise, to the Relationship Manager under these Relationship Manager T&C.

II. Notwithstanding anything contained in these Relationship Manager T&C, if Relationship Manager uses the Intellectual Property Rights in a manner that gives rise to the license, sub-license, creation of derivative Intellectual Property Rights or use the same in relation to the Delivery Services provided under these Relationship Manager T&C, it shall be a breach of these Relationship Manager T&C and Store Vivah reserves the right to resort to legal proceedings against Relationship Manager to recover damages and loss or loss suffered.

9. Representations and warranties

9.1 The Relationship Manager gives representation and warranties as follows:

I. The relationship manager is competent to enter into the present contract as per the Indian Contract Act, 1872, and is not less than 18 years of age on the effective date.

II. All relationship manager information provided shall be true and correct, and any such information that may impact the performance of the relationship manager to provide the delivery services in accordance with these relationship manager T&C shall not be concealed from Store Vivah at any time during the existence of these relationship manager T&C.

III. The relationship manager has not been convicted of any offense involving moral turpitude by any court in India or any other country. Further, the relationship manager is not a party to any pending litigation that would materially affect your obligations under these relationship manager Terms and Conditions.

9.2 Store Vivaah represents and warrants as follows:

I. It is fully capable and has the necessary authority to enter into the Relationship Manager Terms and Conditions and the Delivery Service Agreement.

II. It will not exercise operational supervision over the activities of the relationship managers, as they are free to determine how to provide delivery services, unless the reputation and goodwill of the store vivah are harmed.

10. Termination

10.1 Store Vivah reserves the right to terminate these T&Cs and/or the Agreement and to deny Relationship Manager access to the Store Vivah RM Platform at any time for any reason. The date on which Relationship Manager's access to the Store Vivah RM Platform is intentionally blocked by Store Vivah shall be deemed to be the termination date of these Delivery Partner T&Cs and the Agreement.

10.2 Without prejudice to the generality of the foregoing clause, StoreVivah reserves the right to terminate these relationship manager T&C and the agreement with immediate effect.

i. Any breach by the Relationship Manager of these Relationship Manager T&Cs or the terms of the Agreement,

ii. Failure to verify or authenticate the relationship manager's information; and

iii. Any action or omission by the relationship manager that may cause legal or contractual liability for StoreVivah, this includes fraudulent conduct, customer complaints, continued unsatisfactory reviews by showroom partners or users, malpractice, negligence, and all other actions specifically prohibited under applicable law, includes, but is not limited to.

iv. StoreVivah also has the right to terminate the contract at its discretion, where, in his opinion, continuing the services of the relationship manager is detrimental to StoreVivah's business interest due to the following actions of the relationship manager:

a. Abuse or rudeness with StoreVivah employees, showroom partners, users, or any other person connected with the StoreVivah.

b. Any criminal act punishable under the law, including physical assault on any employee or any person associated with StoreVivah, and including threatening any other person.

c. Concealment of facts/material information while entering into contract with StoreVivah.

d. Irregularities in work, meetings, and non-adherence to the terms/conditions of the contract.

e. Being intoxicated and behaving under the influence of alcohol while on duty.

f. Poor performance for two consecutive weeks.Performance includes daily productivity, login hours, idle hours, number of deliveries completed, quality standards such as decline/fast forward/cancel, and the number of orders placed by a showroom partner.

g. Fraud/embezzlement/misappropriation for improper pecuniary gain, which is against the interest of StoreVivah.

h. Causing damage to movable and immovable properties of StoreVivah, other employees, and users due to his negligence in discharge of duty.

i. Spreading content that is detrimental to StoreVivah's brand and image through digital media, social networking sites, or any other medium.

j. Organizing riots/strikes against Store Vivah/or indulging in any activity which is detrimental to the brand and image of Store Vivah.

k. Unauthorized disclosure of StoreVivah's confidential information to an outside agency, individual, StoreVivah, or organization.

L. The misuse of property and welcome kits provided by StoreVivah that is detrimental to StoreVivah's brand and image.

m. Remain absconding with any property, delivery items, money, or any other valuables belonging to StoreVivah's, its employees's, users's, showroom partner', and other staff members for more than 4 hours.

n. Failed to comply with any rules and guidelines given by Store Vivah as part of the service quality standards and principles.

O. Doing anything inappropriate towards the relationship manager.

p. If the background check is found negative, whether fully or partially, at any time during the term of these Relationship Manager Terms and Conditions.

10.3 Upon termination of these Relationship Manager Terms & Conditions and the Agreement, the Relationship Manager shall have the right to transfer the property to the Partner within 24 hours from the date of termination. If the relationship manager fails to do so, Store Vivah shall forfeit the security deposit (if any) and reserve the right to set off the cost of the property against any payments required to be made by Store Vivah to the relationship manager under the agreement or the relationship manager's terms and conditions.

10.4 Notwithstanding anything contained in this Section, Store Vivah reserves the right to recover any amounts due and owing by Relationship Manager and may take appropriate legal action available under applicable law and equity to recover any amounts due.

10.5 If the Relationship Manager leaves or absconds, the provisions of Clauses 9.3, 9.4, or Annexure A of the Relationship Manager Terms and Conditions will apply.

10.6 If the relationship manager intends to terminate these relationship manager T&Cs and the agreement on his own, he must terminate the contract by informing the store vivah about his/her intention to terminate the T&C and agreement prior to fifteen (15) days.

11. Inactivity

The relationship manager's account will get deactivated if he/she does not log in to the StoreVivah RM Platform for a continuous period of 15 days. To reactivate the account, relationship managers may request to reactivate their account through the help section of the StoreVivah RM Platform application. The reactivation will be subject to the requirements of the relationship manager in the area of operation. The relationship manager may request to be informed through the StoreVivah RM Platform when such a requirement arises.

12. Compliance with applicable law

The relationship manager agrees and consents to comply with all applicable laws at all times when providing customer branch visit services and accessing the Store Vivah RM Platform.

13. Amendment

Store Vivah reserves the right to change, modify, reinstate, amend, or remove any of the terms and conditions contained in these relationship manager T&C without prior notice, at any time and in its sole discretion, by posting a change notice or new agreement on the Store Vivah RM Platform. The relationship manager shall be responsible for keeping himself updated and informed of the revised terms and conditions at all times.

14. Relationship of the Parties

The relationship manager is an independent business contractor, and these relationship manager terms and conditions are a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative, or any representative and full liability relationship between the parties. It is clarified between the parties that neither party shall be liable in any manner whatsoever for any act or omission of the other party. It is expressly understood and agreed that there is no relationship of employer and employee between Store Vivah and the Relationship Manager under these Relationship Manager Terms and Conditions. The relationship manager shall have no claim for permanent employment or employment benefits under any statute or local law.

15. INDEMNIFICATION AND LIMITATION OF LIABILITY

I. You agree to indemnify and hold harmless StoreVivah, its affiliates, successors, agents, assigns and each of their directors, officers, employees, affiliates, agents and representatives or any third party from and against any loss, damage, liability, claim, cost, penalty and expense (including without limitation, reasonable attorneys’ fees) resulting from (i) any breach or alleged breach by you of your obligations, performance or compliance with your role, actions, responsibilities, representations, or warranties under the Relationship Manager T&C and Agreement; (ii) any violation of Store Vivah’s policies; (iii) any act or omission that causes or may cause damage to Store Vivah’s reputation and goodwill; (iv) any claim of infringement of Store Vivah’s or any third party’s intellectual property rights by you; (v) your misconduct or unauthorized access to or use of user data on the Store Vivah RM Platform or transfer of such data to a third party or unauthorized disclosure or use of Store Vivah’s confidential information; (vii) any act of theft, fraud, negligence and misconduct by You; (viii) any damage to the property or any asset of the showroom partner or the user; and (ix) any misbehaviour towards the showroom partner, user or Store Vivah and its employees while performing Branch Visit Services or tampering with the packaging of the Goods.

II. The Branch Visitors shall be liable to indemnify and hold Store Vivah harmless for all damages, losses, costs, and expenses incurred by Store Vivah as a result of any complaint from any user and/or showroom partner received by Store Vivah in relation to any error or deficiency in the Services.

III. In addition to Store Vivah's rights to compensation under these Relationship Manager Terms and Conditions, Store Vivah shall also be entitled to such other remedies available under applicable law for breach of the contract where time is of the essence.

iv. In any situation, Store Vivah shall not be liable to Relationship Manager for any damages arising out of or in connection with the T&Cs and the Agreement, pursuant to any claim made by Relationship Manager against Store Vivah under contract, tort, or otherwise, if such damages could have been avoided by Relationship Manager using reasonable efforts to mitigate them. In addition, Store Vivah shall not be liable to Relationship Manager for any indirect, special, incidental, exemplary, punitive, or consequential damages whatsoever, whether in contract, tort, or otherwise, even if advised of the possibility of such damages. Notwithstanding anything to the contrary contained elsewhere in the Agreement, any claim made by Relationship Manager against Store Vivah under contract, tort, or otherwise, the total cumulative liability of Store Vivah for an individual shall not exceed INR 10,000/- (Rupees ten thousand only).

v. Store Vivah shall not be responsible or liable for any loss or damage, whether arising out of the use of the Platform Services offered by Store Vivah to the Relationship Manager directly or indirectly, for any reason whatsoever, including but not limited to any damage or loss suffered by the Relationship Manager as a result of non-compliance by the Showroom Partner/User, including but not limited to incorrectly given voice instructions, malfunction, failure of any network terminal, data processing system, computer tele-transmission or telecommunication system partial or total failure or other circumstances which are beyond the control of Store Vivah or any person or organisation involved in the above systems. Without prejudice to the above, Store Vivah shall not be liable for any direct or indirect loss or damage which may be suffered by the relationship manager as a result of any failure by a user to arrive within a stipulated time, even if Store Vivah has agreed to such a time or even if the user has informed Store Vivah about the possibility that he cannot come within the stipulated time.

16. SPECIAL INDEMNIFICATION

The relationship manager shall be solely responsible for any accident or incident involving the relationship manager's vehicle while providing services during a branch visit. Store Vivah shall not be held liable for any accident or incident involving the relationship manager.

17. Leave

In addition to any other remedies provided under the Agreement, including these relationship manager T&C, or provided by law or equity, StoreVivah at any time, without notice to the Relationship Manager, sets off any liability of the Relationship Manager to StoreVivah against any obligation of the Relationship Manager to StoreVivah, whether any liability is present or future, liquidated or unliquidated, and whether or not any liability arises under the Agreement or these relationship manager T&C.

18. Dispute Resolution

I. These Relationship Manager Terms and Conditions and the Agreement shall be governed by the laws of India.

II. The court of Jaipur, Rajasthan, will have exclusive jurisdiction over all disputes arising out of these Relationship Manager Terms and Conditions and the Agreement.

19. Fine

Notwithstanding anything to the contrary in the Relationship Manager Terms & Conditions or the Agreement, Store Vivah reserves the right to charge you a penalty if you engage in fraudulent activities while providing the services during a Customer Branch visit by you. The penalty may be deducted from the payment made to you by Store Vivah.

20. Mixed

I. Force Majeure: Neither party will have any liability under these Relationship Manager T&C or the Contract, or shall not be deemed to be a breach of these Relationship Manager T&C or the Contract for any delay or failure in performance of these Relationship Manager T&Cthat results from circumstances beyond that party's reasonable control, such as acts of God, fire, earthquake, storm, flood, lightning, act of God, or violence of any military or mob or enemies of the State.

II Assignment: No rights or obligations under these Relationship Manager T&Cs and the Agreement may be assigned by either party without the prior written consent of the other party.

III. ENTIRE AGREEMENT: These relationship manager terms and conditions shall be read together with the agreement and shall supersede all prior discussions and agreements (whether oral or written), if any, between the parties in relation to these relationship manager terms and conditions and the subject matter of the agreement.

IV. TERM: These Relationship Manager Terms & Conditions and the Agreement, unless specifically terminated in accordance with the provisions contained herein, shall remain valid and effective from the date of execution of the Agreement for as long as the Relationship Manager Store remains listed with the Vivah RM Platform.

V. Waiver: No waiver of any part of these Relationship Manager T&C and Agreement or consent by either party to waive it shall be effective unless it is in writing. The waiver or consent shall be effective only for the purpose for which it is given. No failure or delay by either party to exercise any right, power, or privilege operates as a waiver of any right, nor does a single or partial exercise of any right exclude the others.

VI. Severance: Any provision of these Relationship Manager T&C and Agreement that is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability and shall not in any way affect the validity, legality, and enforceability of the remaining provisions hereof.

VII. Store Vivah reserves the right to share the information provided by you with any financial lending institution, if you have agreed to it, if it is proven that you have taken a loan from them. You hereby waive the right to claim any damages from Store Vivah if you have availed of any such financial facility. You also agree that Store Vivah shall not be liable for any damages incurred as a result of such disclosure of your information. Store Vivah reserves the right to withhold pending payments in such cases and terminate you on an immediate basis.

VIII. The Relationship Manager acknowledges and agrees that Store Vivah may use his/her photographs for certain purposes, which may include the use of the Relationship Manager's photographs in Store Vivah's internal communications and presentations, training materials, and marketing and advertising activities across various platforms, including, without limitation, online advertising, social media, and offline advertising. The Relationship Manager acknowledges that Store Vivah may share his/her photographs with third parties for the above purposes.

IX. Information shared by the relationship manager pursuant to this agreement will be used in accordance with the privacy policy.

21 Privacy

Apart from the provision of services like branch visits by the relationship manager, Store Vivah does not share any other information of the relationship manager with third parties unless requested by (1) government authorities or (II) the relationship manager verbally or in writing (through email, SMS, etc.) for any purpose, including but not limited to obtaining loans from financial institutions, filing tax returns, etc.

Except for the purpose of undertaking branch visit services, the relationship manager must not disclose any confidential information about Store Vivah, including but not limited to this relationship manager T&C, its business strategies, pricing, revenues, expenses, user data, showroom partner data, and information on product bookings made by the customer to third parties.

22. Disclaimer

Store Vivah does not warrant that you will be able to use the Store Vivah RM Platform and/or perform the services provided on the Store Vivah RM Platform at all times or locations or that the Store Vivah RM Platform and the Platform Services will be uninterrupted or error-free or that defects will be corrected by Store Vivah in a timely manner. The Platform Services, the Store Vivah RM Platform, the Devices, the output generated therefrom, and all other technology developed by Store Vivah are provided to you on an "as it is" and "as available" basis, and Store Vivah specifically disclaims all warranties and indemnities, express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising out of a course of performance or dealing.

Annexure-A

a) Onboarding Fees: As determined by Store Vivah from time to time.

b) Security Deposit: As determined by the Store Vivah from time to time.

At the time of onboarding, the relationship manager

(1) Onboarding Fee, or

(ii) The security deposit shall be at the sole discretion of Store Vivah.

c) Training and Support Fees: As determined by Store Vivah from time to time.

d) The Relationship Manager acknowledges and agrees that any amount deposited by the Relationship Manager to Store Vivah as Security Deposit shall be forfeited at the sole discretion of Store Vivah. If the Relationship Manager does not undertake at least one branch visit for a continuous period of 90 days after completing level 6 as per the Customer Branch Visit services under the Agreement, then he will remain active on the application 24/7 for a period of 90 days.