Articles of Agreement for Partner Onboarding

This Articles of Agreement for Partner Onboarding (hereinafter, referred to as “Articles”), the Terms and Conditions of Partner Onboarding (hereinafter, referred to as “Terms”) and the Refund and Cancellation Policy for Partners collectively constitutes a legally binding agreement between the parties. This Agreement and the Terms should be read in accordance with each other. It is executed at ________ (insert place) on ____ (insert date) day of _______ (insert month), 2024.

______________ [insert name of owner/co-owner/operator], the owner/co-owner/operator [choose one] of _______________ [insert venue name] i.e., the Venue, bearing GST No. __________ and having registered address at ______________ (hereinafter referred to as “Partner”, which expression shall unless repugnant to the context or meaning thereof, include its successors and permitted assigns).

Aquonics Tech Services Pvt. Ltd.,an entity registered under the Companies Act, 2013 having CIN U62013DL2023PTC417832 and registered business address at F/f Plot No. 111 Khno. 58/3 Nanda Enclave Najafgarh, New Delhi South West, Delhi 110043 (hereinafter referred to and doing business as “Trifler”, which expression shall unless repugnant to the context or meaning thereof, include its successors and permitted assigns).
For the purposes of this Agreement, the Partner and the Trifler have been individually referred to as “Party” and collectively as the “Parties”.
All capitalized terms hereunder shall have the meaning as defined under this Agreement or the Terms and Conditions of Partner Onboarding.

WHEREAS:

A. The Partner provides ______________ [insert type of goods or services provided at the venue] at the Venue to its customers.
B. Trifler is an online platform that is engaged in the business of facilitating real life meetings between individuals through its mobile application that is available on both Android and iOS devices.
C. The Partner is desirous of providing its goods and services at the Venue to the Customer through Trifler’s mobile application.
D. The Partner hereby represents that the Information provided by the Partner for the purposes of this Agreement is up to date and true to the best of Partner’s knowledge.

NOW THEREFORE IT IS HEREBY AGREED BY AND AMONGST THE PARTIES HERETO AS UNDER:

1. PAYMENT SETTLEMENT
(a) The Partner hereby agrees that Trifler will collect the Net Payable Amount paid by the Customer through Trifler’s Services to avail Service(s).
(b) The Partner hereby also agrees that the Partner will not collect any amount directly from the Customer. Every amount owed by the Customer to the Partner on the Net Payable Amount shall in all cases pass through Trifler.
(c) Trifler after receiving the Net Payable Amount will pass onto the 10% of the Cart Amount (hereinafter referred to as “Reservation Amount”) to the Partner within two (2) business days of such receipt.
(d) Trifler will deduct the Commission of 0%, applicable taxes and service charges on the Cart Amount and pass onto the remaining amount (hereinafter referred to as “Subsequent Amount”) to the Partner within three (3) business days, excluding bank holidays after the Partner authenticates the presence of the Customer who paid to avail Service(s) on a specified date and time.
(e) The Partner agrees and acknowledges Trifler’s right to revise and make changes to the Commission from time to time and such changes will be communicated to the Partner through the Partner’s Personalized Dashboard or other means of communication as described under Section 6 of the Terms or Section 2 of these Articles.
(f) The payment or fund transfer under this Section shall be done through electronic means including but not limited to NEFT, RTGS, UPI and the payment shall be based upon the Information provided by the Partner to Trifler.
(g) The Partner hereby agrees that the Reservation Amount will be repaid by the Partner to the Trifler in case of activation of Section 4 (Force Majure) of this agreement. Such repayment can be done either by deducting the Reservation Amount from the next booking that the Partner receives on their Partner’s Personalized Dashboard or by other modes of fund transfer including but not limited to Cheque, NEFT, RTGS, UPI.
(h) The Partner hereby acknowledges and agrees to compensate fairly to the Customer or Trifler as the case may be for deficiency in providing Service(s).

2. NOTICE
The Parties agree that any notice pertaining to this Agreement shall be in writing and communicated by registered post, emails or _______ (insert other means if required).

3. TERMINATION
Either Party may terminate this Agreement with a prior written notice of 30 days to the other Party with appropriate reason(s) to do so.

4. FORCE MAJURE
The Parties will not be liable for or will be considered to be in breach of or default under this Agreement on account of delay or failure to perform as a result of any cause or condition that arises due to Act of God, Pandemic, Lockdowns, Nuclear War, War or any cause or condition that is beyond Parties’ reasonable control.

NOW THEREFORE, in consideration of the mutual covenants, understandings set forth in this Agreement, and in policies including but not limited to Privacy Policy, Refund Policy, Terms and Conditions of Partner Onboarding, the Parties with the intent to be legally bound hereby agree as follows:

1. The Partner shall provide its goods and services to the Customer at the Venue through Trifler’s platform starting from the date of execution of this agreement.
2. This agreement between the Parties will be valid for a period of one (1) year starting from the date of execution. Furthermore, the Partner acknowledges Trifler’s right to renew or make amendments to these Articles or the Terms at any time before such one (1) year and such renewal or amendments shall be communicated to the Partner through the Partner’s Personalized Dashboard or other means of communication as described under Section 6 of the Terms or Section 2 of these Articles in order to give effect to the renewed or amended agreement.