PRICE DROP Deal ends this Sunday!

Marketplace Terms And Conditions

This agreement is a legally binding document between you (Seller) and Cherrytin Online Private Limited, 14, Deivasigmani road, Royapettah, Chennai-600014 India, bearing CIN NO U74999TN2013PTC094207 ("Cherrytin"). Seller and Cherrytin are referred to as "Party" and collectively as the "Parties".

1. Payment Terms and Taxes

1. Seller agrees to share the original digital designs of the invitation cards/Video invites to Cherrytin for sale on Cherrytin's online marketplace website

2. Cherrytin agrees to pay the seller 50% for every digital invite sold as an royalty fee (applicable only for e-Invites and Video invite stores).

3. Cherrytin shall not create duplicates or derivatives of the shared digital assets.

4. Cherrytin may not promote/watermark the seller's brand or company name in the seller's products.

5. "Settlement Period" - commission statement for all the sales during the month 1 to 30/31st will be sent on 3rd of next month and seller will confirm by 5th and Cherrytin will settle the amount by 7th of next month.

6. All payments made to Cherrytin shall be subject to tax deductible at source. The Seller shall bear all tax levies including service tax pursuant to this Agreement. Seller will be solely responsible to charge correct rate of applicable taxes and discharge obligations with respect to these taxes under Applicable Laws and for any liability arising out of Seller's failure to comply with these obligations, Seller indemnify Cherrytin in accordance with this Agreement.

7. Payments by Parties shall not be construed by any Party as a payment settlement system or a payment gateway as defined by Reserve Bank of India ("RBI").

2. Privacy

1. Both parties agree not to disclose any private information acquired during the interactions between each other or with their respective customers

2. Both parties agree to not communicate with the other party's customers without the consent of the party that own the customer.

3. Seller is solely responsible for their account and therefore Seller should make sure their password is secure. Cherrytin is not responsible for any breach of the account.

4. Seller is responsible for all the content published on Wedding Wishlist store. It is the Seller's responsibility that the content does not violate any third party rights.

3. Indemnification

1. Each Party shall, forthwith and without delay or demur, indemnify and hold harmless the other, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, settlement, claims, costs, taxes, penalty and expenses (including, without limitation, reasonable attorneys' fees) incurred by reason of (i) any breach or alleged breach by the indemnifying Party of this Agreement; (ii) any third party claim arising from the sale of the Products; (iii) any cheating, misappropriation, fraud or illegal activity of the indemnifying Party, its employees or representatives.

2. Any payments herein to Cherrytin shall be grossed up to include tax payable on such amount.

3. Time is of the essence in the performance of the Indemnified Party(ies) obligations.

4. The right to indemnity under this Clause 5 is independent of, and in addition to, such other rights and remedies as Parties may have at under Applicable Law or in equity or otherwise.

4. Termination

1. This Agreement is valid and shall be in force for a period of one year.

2. This Agreement may be terminated forthwith by serving a written notice, by either Party (i) in the event of a breach of this Agreement by the other Party and such breach, if capable of being remedied, having been not remedied for a period of 30 days from the date of the breach; or (ii) in a bankruptcy or insolvency event of the other Party. This Agreement may be mutually terminated by the Parties in writing.

3. In the event of termination of this Agreement,

  • All access to and sale on the Website shall cease immediately.
  • Each Party shall return/destroy the confidential information of the other Party.
  • All Seller Proceeds accrued until the date of termination, subject to the deduction of the Cherrytin Marketing Fees, Set off and any Refund Fee, shall be remitted to the Seller.
  • All return or requests for return of Products after the termination of this Agreement shall be directly handled by the Seller.
  • Termination shall not limit or otherwise affect any other remedy or claim for damages), arising out of the cause of termination.

4. The termination of this agreement shall not affect the obligations owed by the Seller to the Buyer.

5. Dispute Resolution, Governing Law And Jurisdiction

1. Any dispute between the Parties hereto in relation to this Agreement shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties under the Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Chennai, India and language for the arbitration be English. The arbitrator's award shall be final and binding on the Parties.

2. The Agreement shall be governed by and construed in accordance with the laws of India, without reference to rules governing choice of laws. Except for any equitable relief, for which a Party may approach any court having competent jurisdiction, the courts of Chennai, India shall have exclusive jurisdiction.

6. Miscellaneous

1. Force Majeure: Cherrytin will not be liable for any delay or failure to perform any of its obligations under this Agreement by reasons, events or other matters beyond its reasonable control.

2. Entire Agreement: This Agreement and the Cherrytin Policies shall constitute the entire agreement between the Parties and supersedes all other understanding between Parties.

3. Notices: Communication between Parties shall be in writing, in English notified at the registered office and/or principal place of business of the Parties and via email.

4. No Partnership or Agency: Seller and Cherrytin are independent contractors on a principal-to-principal basis, and shall not be construed as partners/agents.

5. Waiver: Failure or delay on part of any Party shall not operate as a waiver or preclude the exercise of any other rights or remedies by such Party.