Terms of Service

1. Introduction and Agreement to Terms

1.1 Preamble

These Terms and Conditions ("Agreement") constitute a legally binding electronic contract between you ("User," "You," or "Your") and ProElite Hospitality Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Ahmedabad, Gujarat, India. ("ProElite Hospitality," "Company," "We," "Us," or "Our").

This Agreement is published in compliance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, read with Section 79 of the Information Technology Act, 2000. By accessing, browsing, or using the Prestix platform and through the Prestix mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

1.2 Electronic Contract

This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement constitutes a valid and binding contract under Section 10A of the Information Technology Act, 2000, read with Section 10 of the Indian Contract Act, 1872. Your acceptance shall be deemed upon: (a) creating an account on the Platform; (b) clicking 'I Accept' or equivalent affirmative action; or (c) using any services offered through the Platform.

1.3 Modification of Terms

Prestix reserves the right to modify, amend, or update these Terms at any time by posting the revised Terms on the Platform with the 'Last Updated' date. Material changes shall be notified via email or in-app notification at least fifteen (15) days prior to taking effect. Continued use of the Platform after such changes constitutes acceptance. If you do not agree with any modification, you must cease using the Platform immediately.

2. Definitions and Interpretation

2.1 Key Definitions

For the purposes of this Agreement, unless the context otherwise requires:

• "Aggregator" means Prestix, within the meaning of Section 2(1) of the Code on Social Security, 2020, being a digital intermediary or marketplace that facilitates connection between Service Recipients and Service Providers through an online platform.
• "Applicable Law" means all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, or court in India.
• "Booking" means a confirmed engagement between a Service Recipient and a Service Provider for a specific Shift, facilitated through the Platform.
• "Client" or "Service Recipient" means any hospitality establishment, business entity, or organization registered on the Platform that seeks to engage Service Providers for temporary staffing needs.
• "Gig Worker" has the meaning assigned under Section 2(35) of the Code on Social Security, 2020 — a person who performs work or participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship.
• "Platform" means the technology-enabled marketplace operated by Prestix, accessible via the website, mobile application, and any associated digital interfaces.
• "Platform Fee" means the service charge or commission levied by Prestix for facilitating the connection between Service Recipients and Service Providers, exclusive of applicable taxes.
• "Platform Worker" has the meaning assigned under Section 2(61) of the Code on Social Security, 2020 — a person engaged in or undertaking platform work, being a work arrangement outside a traditional employer-employee relationship in which an organization or individual uses an online platform to access services in exchange for payment.
• "Service Provider" or "Worker" means an individual registered on the Platform who offers hospitality staffing services including but not limited to waiting, bartending, cooking, housekeeping, event management, stewarding, and related hospitality functions.
• "Shift" means a specific period of work engagement, defined by start time, end time, location, role, and compensation, as posted by a Service Recipient and accepted by a Service Provider through the Platform.
• "Wage Period" means the period in respect of which wages are payable, as defined under Section 2(y) of the Code on Wages, 2019.

3. Nature of the Platform and Intermediary Status

3.1 Marketplace Intermediary

Prestix operates as a technology-enabled marketplace intermediary within the meaning of Section 2(w) of the Information Technology Act, 2000. The Platform provides an electronic facility to connect Service Recipients with Service Providers. Prestix does not itself provide hospitality staffing services and is not a party to the engagement between the Service Recipient and the Service Provider.

Prestix claims protection under Section 79 of the Information Technology Act, 2000, as an intermediary that: (a) does not initiate the transmission of information; (b) does not select the receiver of the transmission; (c) does not select or modify the information contained in the transmission; and (d) observes due diligence as prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3.2 No Employment Relationship

Prestix does not employ, supervise, direct, or control Service Providers. The Platform serves solely as a facilitation tool. Nothing in this Agreement shall be construed to create an employer-employee relationship, joint venture, partnership, or agency between Prestix and any User. Service Providers are engaged as independent platform workers within the meaning of Section 2(61) of the Code on Social Security, 2020.

3.3 No Guarantee

Prestix does not guarantee: (a) the availability, quality, safety, or legality of services provided by Service Providers; (b) the accuracy of information provided by any User; (c) the ability of Service Recipients to pay for services; (d) the ability of Service Providers to complete Shifts; or (e) the continuous, uninterrupted, or error-free operation of the Platform.

4. Eligibility and Registration

4.1 Eligibility Criteria for Service Providers

To register as a Service Provider, you must:

• Be at least eighteen (18) years of age (or the age of majority in your state of residence, if higher);
• Be legally authorized to work in India, with valid identity documentation;
• Possess an Aadhaar number or such other identification as required for registration on the e-SHRAM portal under Section 113 of the Code on Social Security, 2020;
• Hold a valid bank account in your name with an Indian scheduled bank for wage disbursement;
• Not be disqualified under any Applicable Law from undertaking the type of work offered on the Platform;
• Where applicable, hold valid certifications required for hospitality work (including FSSAI food handler certification under the Food Safety and Standards Act, 2006, and any state-specific health certifications).

4.2 Eligibility Criteria for Service Recipients

To register as a Service Recipient, you must:

• Be a legally constituted entity, partnership firm, LLP, sole proprietorship, or body corporate registered under Applicable Law in India;
• Hold a valid GSTIN where required under the Central Goods and Services Tax Act, 2017;
• Maintain valid registration certificates as a principal employer under the Occupational Safety, Health and Working Conditions Code, 2020, where applicable;
• Comply with all labor laws applicable at the workplace where Service Providers will be deployed.

4.3 Registration and Verification

All Users must complete the registration process accurately and completely. You represent and warrant that all information provided during registration is true, current, and complete. Prestix reserves the right to verify any information provided and may require additional documentation including government-issued photo identification, address proof, professional certifications, business registration documents, and GSTIN certificates.

Prestix may use third-party identity verification services, including biometric verification and Aadhaar-based e-KYC (with your explicit consent under the Aadhaar Act, 2016), to authenticate your identity.

4.4 e-SHRAM Registration

In compliance with Section 113 of the Code on Social Security, 2020, Prestix shall facilitate the registration of Service Providers on the e-SHRAM portal. Service Providers shall cooperate in providing required information, including Aadhaar-linked details, for the issuance of a Universal Account Number (UAN). Failure to complete e-SHRAM registration within thirty (30) days of onboarding may result in suspension of access to Shift opportunities on the Platform.

5. Independent Contractor Status

5.1 Independent Platform Worker Classification

Service Providers registered on the Platform are engaged as independent platform workers and gig workers within the meaning of Sections 2(35) and 2(61) of the Code on Social Security, 2020. Service Providers are NOT employees, agents, servants, or representatives of Prestix or of any Service Recipient. In acknowledgment of this status:

• Service Providers retain full autonomy to accept, decline, or withdraw from Shift opportunities. No minimum number of Shifts is required.
• Service Providers are free to engage with multiple platforms, clients, or employment simultaneously. The Platform imposes no exclusivity obligation.
• Service Providers determine their own availability and working schedule.
• Service Providers retain the right to substitute another qualified worker (subject to Prestix's verification requirements) for any accepted Shift, provided the Service Recipient is notified at least [4] hours prior to the Shift start time.
• No Service Provider shall be required to wear Prestix-branded uniforms or materials. Dress code requirements, where applicable, shall be determined solely by the Service Recipient.

5.2 Tax and Statutory Obligations of Service Providers

As an independent platform worker, the Service Provider is solely responsible for:

• Filing all applicable income tax returns and making advance tax payments as required under the Income Tax Act, 1961;
• Obtaining and maintaining GST registration where aggregate annual turnover exceeds the threshold prescribed under Section 22 of the CGST Act, 2017;
• Payment of all applicable professional taxes under state legislation;
• Maintaining records of income, expenses, and tax payments;
• Compliance with all Applicable Laws relating to the Service Provider's independent business operations.

5.3 Acknowledgments

The Service Provider acknowledges and agrees that:

• Prestix does not withhold income tax, provident fund contributions, or ESI contributions from payments made to Service Providers, except TDS under Section 194C or 194H of the Income Tax Act, 1961, or TCS under Section 52 of the CGST Act, 2017, where applicable;
• Service Providers are not entitled to benefits typically associated with employment, including paid leave, gratuity, bonus, or employer-contributed provident fund; however, Service Providers are entitled to social security benefits under schemes framed under Section 114 of the Code on Social Security, 2020;
• Prestix's contribution to the Social Security Fund under Section 114 shall not be construed as establishing or evidencing an employment relationship.

6. Training and Professional Standards

6.1 Platform Orientation

Prestix may provide or require Service Providers to complete orientation programs or training modules related to:

• Platform usage and technology;
• Hospitality service standards and best practices;
• Food safety and hygiene standards under the Food Safety and Standards Act, 2006;
• Workplace health and safety protocols under the Occupational Safety, Health and Working Conditions Code, 2020;
• Prevention of Sexual Harassment awareness under the POSH Act, 2013.

Such orientation shall be for informational purposes and shall not be construed as establishing an employer-employee relationship or as the exercise of supervisory control over the manner of performing work.

6.2 Certifications

For certain categories of hospitality work, Service Providers may be required to hold and maintain valid certifications including:

• FSSAI food handler/supervisor training certificate;
• State-specific health and fitness certificates;
• Fire safety training certificates;
• Responsible service of alcohol certifications (where applicable by state law);
• Any certifications mandated by the Service Recipient or Applicable Law for the specific Shift category.

6.3 Professional Conduct Standards

Service Providers shall:

• Perform all accepted Shifts with reasonable care, skill, and diligence;
• Comply with lawful and reasonable instructions of the Service Recipient during the Shift;
• Maintain professional appearance, hygiene, and demeanor appropriate for hospitality industry standards;
• Comply with the Service Recipient's workplace policies to the extent they do not conflict with this Agreement or Applicable Law;
• Immediately report any workplace incidents, injuries, or hazardous conditions to both the Service Recipient and Prestix.

7. Booking and Shift Rules

7.1 Shift Posting

Service Recipients may post Shift requirements on the Platform, specifying:

• Date, start time, and estimated end time;
• Location and venue details;
• Role description and skill requirements;
• Number of Service Providers required;
• Compensation rate (which must not be below applicable minimum wages as notified under the Code on Wages, 2019, for the hospitality sector in the relevant state);
• Dress code, equipment requirements, and any special certifications required.

A Shift posting constitutes an invitation to treat and not an offer. A binding Booking is formed only upon the Service Provider accepting the Shift through the Platform and receiving confirmation from Prestix.

7.2 Shift Acceptance and Commitment

Upon accepting a Shift, the Service Provider is committed to performing the engagement as described. Acceptance creates a binding obligation subject to these Terms. Once accepted, a Shift may only be cancelled in accordance with Clause 7.4.

7.3 Minimum Wage Compliance

All Shift compensation rates posted on the Platform must meet or exceed the applicable minimum wages as notified by the appropriate Government (Central or State) under the Code on Wages, 2019, for the relevant role category (unskilled, semi-skilled, skilled, or highly skilled) in the hospitality sector. Prestix shall maintain a database of applicable minimum wage rates and shall prevent the posting of Shifts with sub-minimum-wage compensation. Where Variable Dearness Allowance (VDA) revisions are notified, compensation rates shall be adjusted accordingly.

7.4 Cancellation Policy

Service Provider Cancellations: A Service Provider who cancels an accepted Shift more than twenty-four (24) hours before the Shift start time shall not incur any penalty. Cancellations made less than twenty-four (24) hours but more than four (4) hours before the Shift start time shall result in a recorded cancellation on the Service Provider's profile. Cancellations less than four (4) hours before the Shift start time or a No-Show shall result in: (i) a recorded No-Show on the profile; (ii) a potential reliability penalty; and (iii) suspension of access to future Shifts for a period determined by Prestix.

Service Recipient Cancellations: A Service Recipient who cancels a Booking more than twenty-four (24) hours before the Shift start time may do so without charge. Cancellations made less than twenty-four (24) hours before the Shift start time shall attract a cancellation fee equal to [50]% of the agreed Shift compensation, payable to the assigned Service Provider(s), as a genuine pre-estimate of losses under Section 74 of the Indian Contract Act, 1872.

7.5 Shift Completion and Verification

Upon completion of a Shift, both the Service Provider and Service Recipient shall confirm Shift completion, actual hours worked, and any overtime through the Platform. Where actual hours exceed the scheduled Shift duration, overtime compensation shall be calculated at a rate not less than twice the normal hourly rate in accordance with Section 22 of the Code on Wages, 2019. Disputes regarding hours worked shall be resolved through the Platform's grievance mechanism within seven (7) days of the Shift date.

7.6 Maximum Working Hours

In compliance with the Occupational Safety, Health and Working Conditions Code, 2020, no Service Provider shall be scheduled for or work a Shift exceeding [8] hours in a single day without overtime provisions. The Platform shall implement safeguards to prevent the acceptance of back-to-back Shifts that would result in working hours exceeding the statutory maximum.

8. Payment Terms

8.1 Compensation Structure

Service Provider compensation for each Shift comprises: (a) the base hourly/daily rate as agreed between the Service Provider and Service Recipient (which shall not be below the applicable minimum wage); (b) overtime compensation at twice the normal rate for hours exceeding the normal working day limit; and (c) any additional allowances or incentives specified in the Shift posting. Platform Fees charged by Prestix are separate from and in addition to the Service Provider's compensation and shall be invoiced to the Service Recipient independently. Platform Fees shall not reduce the Service Provider's compensation below applicable minimum wages.

8.2 Payment Processing — Service Providers

• Wage Period: The wage period for Service Providers shall be [monthly], commencing on the first day and ending on the last day of each calendar month.
• Payment Timeline: Subject to verification of Shift completion, Prestix shall process payment to the Service Provider's registered bank account within fifteen (15) to thirty (30) days from the date of Shift completion, and in any event within such period as mandated by Applicable Law, including Section 17 of the Code on Wages, 2019. Where there is a conflict between the timeline specified herein and Applicable Law, the statutory timeline shall prevail.
• Payment Method: All payments shall be made via electronic bank transfer (NEFT/IMPS/UPI) to the bank account registered in the Service Provider's name on the Platform.
• Verification Period: Prestix shall verify Shift completion and hours worked within [5] business days. If no dispute is raised within this period, the Shift shall be deemed completed as recorded.

8.3 Payment Processing — Service Recipients

• Service Recipients shall remit payment for completed Shifts, inclusive of Platform Fees and applicable taxes, within fifteen (15) to thirty (30) days from the date of invoice issuance by Prestix.
• Late payments shall attract interest at the rate of [1.5]% per month or such other rate as prescribed under Applicable Law, whichever is higher.
• Persistent payment defaults by Service Recipients may result in suspension or restriction of access to the Platform.

8.4 Deductions

No deductions shall be made from the Service Provider's wages except as expressly permitted under Section 18 of the Code on Wages, 2019, including: (a) fines for acts causing loss or damage (subject to prior notice, capped at [3]% of wages per wage period); (b) deductions for absence from duty (proportionate to the period of absence); (c) TDS under Section 194C of the Income Tax Act, 1961 where applicable. Total deductions in any wage period shall not exceed fifty percent (50%) of wages, in accordance with Section 18(2) of the Code on Wages, 2019.

8.5 Tax Collected at Source (TCS)

Prestix, as an electronic commerce operator within the meaning of Section 2(45) of the CGST Act, 2017, shall collect TCS at the rate of 0.5% (0.25% CGST + 0.25% SGST for intra-state supplies, or 0.5% IGST for inter-state supplies) on the net value of taxable supplies made through the Platform, in accordance with Section 52 of the CGST Act, 2017. TCS collected shall be deposited with the government and reflected in the Service Provider's GST account for claim as credit.

8.6 GST on Platform Fees

Platform Fees charged by Prestix to Service Recipients are subject to Goods and Services Tax at the applicable rate (currently 18% for manpower supply/staffing services under SAC Code 998519). All invoices shall separately display the applicable CGST, SGST, or IGST components.

8.7 Full and Final Settlement

Upon the conclusion of a Service Provider's engagement with the Platform (howsoever arising), all outstanding verified payments shall be processed within two (2) working days, in compliance with Section 17 of the Code on Wages, 2019.

9. Ratings, Reviews, and Performance

9.1 Mutual Rating System

The Platform operates a mutual rating and review system. Following each completed Shift, both the Service Provider and Service Recipient may rate and review each other on parameters including professionalism and conduct, punctuality and reliability, quality of service or workplace conditions, communication and cooperation, and adherence to Shift requirements. Ratings shall be provided through the Platform within [48] hours of Shift completion.

9.2 Rating Integrity

Users shall provide honest, accurate, and non-discriminatory ratings. Prestix prohibits:

• Retaliatory ratings designed to punish the other party for exercising rights under this Agreement;
• Discriminatory ratings based on caste, religion, gender, disability, sexual orientation, or other protected characteristics;
• Coerced ratings obtained through threats or inducements;
• Fraudulent or coordinated rating manipulation.

9.3 Performance Thresholds

Service Providers are expected to maintain a minimum average rating of [4.0] out of [5.0] and a Shift completion rate of at least [85]%. Persistent failure to meet these thresholds may result in: (a) reduced visibility in Shift matching; (b) temporary suspension from accepting Shifts; (c) required completion of additional training; (d) suspension from the Platform.

9.4 Badges and Certifications

Prestix may issue performance badges, skill certifications, or reliability designations to Service Providers who meet defined criteria. Such designations are proprietary to Prestix and may not be used outside the Platform without prior written authorization.

10. Acceptable Use Policy

10.1 Prohibited Conduct

Users shall not, directly or indirectly:

• Use the Platform for any purpose that is unlawful, fraudulent, or prohibited by this Agreement or Applicable Law;
• Misrepresent identity, qualifications, experience, or any information provided to Prestix or other Users;
• Host, display, upload, modify, publish, transmit, or share any information that is defamatory, obscene, pornographic, invasive of another's privacy, or harmful to minors, infringes intellectual property rights, or threatens the unity, integrity, defence, or security of India — as specified under Rule 3(1)(b) of the IT (Intermediary Guidelines) Rules, 2021;
• Engage in circumvention — soliciting or compensating any Service Provider or Service Recipient outside the Platform for services initially connected through the Platform, for a period of [12] months from the last interaction through the Platform;
• Use automated systems, bots, scrapers, or other non-human means to access the Platform;
• Engage in harassment, discrimination, intimidation, or threatening behavior toward any User or Prestix personnel;
• Consume, possess, or be under the influence of alcohol or controlled substances during a Shift;
• Disclose confidential information of any Service Recipient, including business operations, client lists, proprietary recipes, or trade secrets, obtained during the course of a Shift.

10.2 Anti-Solicitation

Users acknowledge that Prestix invests significant resources in building its marketplace network. Accordingly: (a) Service Recipients shall not directly or indirectly solicit, recruit, or hire a Service Provider identified through the Platform for engagement outside the Platform within [12] months of the last Platform-facilitated Shift, unless a conversion fee is paid to Prestix; (b) Service Providers shall not directly solicit Service Recipients for off-platform engagements within the same period.

10.3 Confidentiality

Each User shall maintain the confidentiality of: (a) proprietary information of other Users obtained through the Platform; (b) pricing, commission, and fee structures of the Platform; (c) the Platform's algorithms, technology, and trade secrets. This obligation survives termination of the User's access to the Platform.

11. Intellectual Property

11.1 Prestix Platform IP

All intellectual property rights in the Platform, including but not limited to the software, source code, algorithms, database architecture, user interfaces, design elements, logos, trademarks (including the mark 'PRESTIX'), service marks, trade dress, domain names, content, text, graphics, and all related documentation, are the exclusive property of Prestix Hospitality Services Private Limited or its licensors. No licence, right, title, or interest in any Prestix IP is granted to any User except the limited, non-exclusive, non-transferable, revocable licence to access and use the Platform in accordance with this Agreement.

11.2 User Content

By uploading, posting, or transmitting any content through the Platform ('User Content'), including profile information, photographs, reviews, ratings, and communications, the User grants Prestix a worldwide, royalty-free, non-exclusive, sublicensable, transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such User Content for the purposes of operating, improving, and promoting the Platform. The User represents that they own or have the necessary rights to grant this licence.

11.3 Feedback

Any suggestions, ideas, enhancement requests, feedback, or other information provided by Users regarding the Platform ('Feedback') shall become the sole property of Prestix. Users hereby irrevocably assign all rights, title, and interest in any Feedback to Prestix without any obligation of compensation, attribution, or accounting.

11.4 Trademark Restrictions

Users shall not use Prestix's trademarks, logos, or branding in any manner without prior written authorization. Service Providers shall not represent themselves as employees or agents of Prestix in any context.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Prestix does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Platform will be accurate or reliable; (c) any defects in the Platform will be corrected; or (d) the Platform or its servers are free of viruses or harmful components.

12.2 Limitation of Aggregate Liability

To the maximum extent permitted by Applicable Law, Prestix's total aggregate liability to any User for all claims arising under or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of: (a) the total Platform Fees paid by or to such User in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) Indian Rupees Ten Thousand (₹10,000).

Under no circumstances shall Prestix be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, even if Prestix has been advised of the possibility of such damages.

12.3 Carve-Outs

Nothing in this Section shall exclude or limit Prestix's liability for: (a) death or personal injury caused by Prestix's negligence; (b) fraud or fraudulent misrepresentation by Prestix; (c) any liability that cannot be excluded or limited under Applicable Law, including under Section 23 of the Indian Contract Act, 1872.

12.4 Acknowledgment of Risk

Users acknowledge that the hospitality industry involves inherent risks including physical injury, foodborne illness, property damage, and interactions with third parties. Users assume all risks associated with their use of the Platform and participation in Shifts.

13. Indemnification

13.1 Service Provider Indemnification

The Service Provider agrees to indemnify, defend, and hold harmless Prestix, its directors, officers, employees, affiliates, and agents ('Prestix Indemnified Parties') from and against all claims, demands, actions, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• The Service Provider's breach of this Agreement or any Applicable Law;
• The Service Provider's negligence, wilful misconduct, or tortious acts during any Shift;
• Any third-party claims arising from services rendered by the Service Provider;
• Any misrepresentation regarding qualifications, certifications, or identity;
• Any tax or statutory liability arising from the Service Provider's independent contractor status.

13.2 Service Recipient Indemnification

The Service Recipient agrees to indemnify, defend, and hold harmless the Prestix Indemnified Parties from and against all claims arising from:

• Unsafe, unlawful, or hazardous workplace conditions at the Service Recipient's premises;
• The Service Recipient's breach of any Applicable Law, including labor laws, occupational safety laws, and anti-discrimination laws;
• Any misclassification claims by regulatory authorities alleging an employment relationship between the Service Recipient and Service Providers;
• Any tax liability (including GST, TDS, provident fund, or ESI) arising from the engagement of Service Providers;
• Any third-party claims arising from the Service Recipient's use of the Platform.

13.3 Indemnification Procedure

The indemnifying party shall be promptly notified of any claim. The indemnifying party shall have the right to assume the defence of such claim with competent counsel. The indemnified party shall cooperate in the defence and shall not settle any claim without the indemnifying party's prior written consent.

14. Insurance

14.1 Platform Insurance

Prestix may, at its sole discretion, arrange for group insurance coverage for registered Service Providers, which may include: (a) personal accident insurance covering injuries sustained during active Shifts and direct commuting; (b) general liability insurance covering third-party property damage during active Shifts. Details of any such insurance coverage, including scope, limits, exclusions, and claims procedures, shall be published separately on the Platform. Any such insurance is supplementary and does not create an employment relationship.

14.2 Service Recipient Obligations

Service Recipients are responsible for maintaining adequate: (a) commercial general liability insurance; (b) workers' compensation insurance or equivalent coverage as required by the Occupational Safety, Health and Working Conditions Code, 2020; (c) public liability insurance for their premises. Service Recipients shall ensure that Service Providers deployed at their premises are covered under their workplace safety and insurance frameworks to the extent required by Applicable Law.

14.3 Service Provider Acknowledgment

Service Providers acknowledge that, as independent platform workers, they are responsible for maintaining adequate personal health and accident insurance for periods outside active Shift hours. Service Providers are encouraged to register for and avail social security benefits under schemes framed by the Central or State Government under Section 114 of the Code on Social Security, 2020.

15. Platform-Initiated Suspension and Restriction

15.1 Grounds for Suspension

Prestix reserves the right to suspend, restrict, or permanently deactivate any User's access to the Platform, without prior notice where immediate action is warranted, upon the occurrence of any of the following:

• Breach of any material term of this Agreement;
• Fraudulent activity, misrepresentation, or identity falsification;
• Repeated No-Shows or cancellations exceeding [3] in any [30]-day period;
• Falling below minimum performance thresholds specified in Section 9.3;
• Receipt of multiple substantiated complaints regarding conduct, safety, or service quality;
• Violation of Applicable Law, including criminal activity, harassment, or discrimination;
• Failure to maintain required certifications or legal authorizations;
• Engagement in circumvention or anti-competitive conduct as defined in Section 10;
• Non-payment of dues by Service Recipients exceeding [60] days;
• Any conduct that, in Prestix's reasonable judgment, poses a risk to the safety or reputation of other Users or the Platform;
• Receipt of a court order, government direction, or law enforcement request requiring restriction of the User's access.

15.2 Investigation Process

Where Prestix initiates an investigation into a User's conduct: (a) the User shall be notified of the investigation and the general nature of the concern; (b) the User may be temporarily suspended pending investigation; (c) the User shall be given a reasonable opportunity to respond within [7] days of notification; (d) Prestix shall complete its investigation within a reasonable period, not exceeding [30] days.

15.3 Effects of Suspension or Deactivation

Upon suspension or deactivation: (a) all pending Bookings shall be cancelled and affected parties notified; (b) outstanding verified payments for completed Shifts shall be processed in accordance with Section 8; (c) the User's access to the Platform shall be restricted as determined by Prestix; (d) User Content and account data shall be retained in accordance with Prestix's Privacy Policy and Applicable Law.

15.4 Appeal Mechanism

Users who believe their suspension or deactivation was made in error may submit a written appeal to the Grievance Officer (see Section 18) within [15] days of the suspension notice. The appeal shall be reviewed and a determination communicated within [15] days of receipt. The decision of the Grievance Officer on appeal shall be final, subject to the dispute resolution provisions in Section 17.

16. Privacy and Data Protection

16.1 Data Fiduciary Declaration

Prestix is a Data Fiduciary within the meaning of Section 2(i) of the Digital Personal Data Protection Act, 2023. This section summarizes key data protection provisions. The complete Privacy Policy, available at [URL], forms an integral part of this Agreement.

16.2 Personal Data Collected

Prestix collects and processes the following categories of personal data:

• Identity Data: Name, date of birth, gender, photograph, Aadhaar number (with consent), PAN, government-issued ID;
• Contact Data: Email address, phone number, residential address;
• Professional Data: Work experience, certifications, skills, qualifications, employment history;
• Financial Data: Bank account details, UPI ID, payment history, tax identification numbers;
• Platform Usage Data: Shift history, ratings, reviews, communication logs, device information, IP address, geolocation data (during active Shifts);
• Verification Data: Biometric data for identity verification (with explicit separate consent);
• Business Data (Service Recipients): Company name, registration details, GSTIN, contact person information, workplace details.

16.3 Purpose of Processing

Personal data is processed solely for the following lawful purposes, for which consent is obtained:

• Account creation, verification, and management;
• Facilitating Shift matching and Bookings;
• Processing payments and generating invoices;
• Compliance with Applicable Law, including e-SHRAM registration, TDS/TCS obligations, and GST filing;
• Safety and fraud prevention;
• Improving Platform functionality and user experience;
• Communicating service-related notifications;
• Resolving disputes and enforcing this Agreement.

16.4 Consent

In compliance with Sections 5 and 6 of the Digital Personal Data Protection Act, 2023, Prestix obtains free, specific, informed, and unambiguous consent from Data Principals before processing personal data. Consent shall be obtained through clear affirmative action (not pre-ticked boxes). A separate and specific consent shall be obtained for: (a) processing sensitive personal data (biometrics); (b) sharing data with third-party processors; (c) geolocation tracking during Shifts.

16.5 Data Principal Rights

In accordance with Sections 11–14 of the Digital Personal Data Protection Act, 2023, Data Principals have the right to:

• Access: Obtain a summary of personal data being processed and the processing activities undertaken;
• Correction: Request correction of inaccurate or incomplete personal data;
• Erasure: Request erasure of personal data that is no longer necessary for the purpose for which it was collected, subject to Prestix's legal retention obligations;
• Grievance Redressal: File a complaint with Prestix's Data Protection Officer, which shall be acknowledged within twenty-four (24) hours and resolved within ninety (90) days;
• Nomination: Nominate another individual to exercise rights in the event of death or incapacity.

Requests may be submitted to: [DPO Email Address].

16.6 Data Retention

Personal data shall be retained for the duration of the User's active engagement with the Platform and for a period of [3] years thereafter, or such longer period as required by Applicable Law (including tax record retention under the Income Tax Act, 1961, and document preservation under the Companies Act, 2013). Upon expiry of the retention period or upon a valid erasure request, data shall be securely deleted or anonymized.

16.7 Data Breach Notification

In compliance with Section 8(6) of the Digital Personal Data Protection Act, 2023, Prestix shall notify the Data Protection Board of India and each affected Data Principal of any personal data breach without unreasonable delay and in any event within seventy-two (72) hours of becoming aware of the breach.

16.8 Cross-Border Data Transfer

Personal data may be transferred to countries outside India solely for the purposes of Platform operation and payment processing, provided such countries are not restricted by notification of the Central Government under Section 16 of the Digital Personal Data Protection Act, 2023.

16.9 Data Processor Engagement

Prestix engages third-party data processors for payment processing, identity verification, cloud hosting, analytics, and communication services. All data processors are engaged through valid contracts that require equivalent data protection safeguards.

17. Dispute Resolution and Arbitration

17.1 Grievance Redressal — First Tier

Any dispute, complaint, or grievance arising under or in connection with this Agreement shall first be raised with Prestix's designated Grievance Officer through the Platform's grievance mechanism or via email at [EMAIL]. The Grievance Officer shall acknowledge the grievance within twenty-four (24) hours and endeavour to resolve it within fifteen (15) days, in compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

17.2 Mediation — Second Tier

If the grievance is not resolved to the User's satisfaction within fifteen (15) days, either party may request mediation. Mediation shall be conducted by a mutually agreed mediator or, failing agreement, a mediator appointed through the [MCIA / relevant mediation centre]. Mediation shall be conducted in [Mumbai/Delhi] in the English language. Mediation costs shall be shared equally between the parties.

17.3 Arbitration — Final Tier

If the dispute is not resolved through mediation within thirty (30) days of the mediation request, either party may refer the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended:

• Administering Institution: The Mumbai Centre for International Arbitration (MCIA) in accordance with its Rules of Arbitration in force at the time of commencement.
• Seat: The seat of arbitration shall be [Mumbai, Maharashtra].
• Arbitrator: The dispute shall be resolved by a sole arbitrator appointed in accordance with the MCIA Rules.
• Language: The arbitration shall be conducted in English.
• Timeline: The arbitral tribunal shall render its award within twelve (12) months from the date of completion of pleadings under Section 29A, extendable by six (6) months.
• Award: The arbitral award shall be final, binding, and enforceable as a decree of court under Section 36 of the Arbitration and Conciliation Act, 1996.
• Interim Relief: Nothing in this clause shall prevent either party from seeking urgent interim relief from a court of competent jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996.

17.4 Small Claims

For disputes involving amounts not exceeding Indian Rupees Five Lakhs (₹5,00,000), Prestix may offer an expedited online dispute resolution (ODR) process, conducted through a Prestix-designated ODR platform. Participation in ODR is voluntary and does not waive the right to invoke arbitration under Clause 17.3.

17.5 Consumer Protection Reservation

Nothing in this Section shall be construed to limit or exclude the jurisdiction of consumer forums or commissions established under the Consumer Protection Act, 2019, for complaints filed by consumers.

18. Grievance Officer

18.1 Appointment

In compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Section 8(10) of the Digital Personal Data Protection Act, 2023, Prestix has appointed the following Grievance Officer:

• Name: Ayaz Amdani
• Designation: Co-Founder
• Email: contact-us@prestixhospitality.com
• Address: India

The Grievance Officer is resident in India and shall be responsible for receiving and resolving complaints from Users, Data Principals, and third parties in accordance with Applicable Law.

19. Governing Law and Jurisdiction

19.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, including but not limited to: the Indian Contract Act, 1872; the Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023; the Code on Wages, 2019; the Code on Social Security, 2020; the Occupational Safety, Health and Working Conditions Code, 2020; the Consumer Protection Act, 2019; and all rules and regulations framed thereunder.

19.2 Jurisdiction

Subject to the arbitration provisions in Section 17, the courts of [Mumbai, Maharashtra / City of registered office] shall have exclusive jurisdiction over any proceedings arising out of or in connection with this Agreement.

20. Social Security and Welfare Provisions

20.1 Aggregator Obligations

Prestix, as an aggregator under the Code on Social Security, 2020, shall:

• Register on the e-SHRAM portal maintained by the Ministry of Labour and Employment;
• Contribute to the Social Security Fund at the rate of [1–2]% of its annual turnover, subject to a cap of 5% of the total amount paid or payable to gig and platform workers, as prescribed under Section 114 of the Code;
• Facilitate worker registration and maintenance of Universal Account Numbers;
• Maintain and update records of all registered Service Providers and furnish such records to the National Social Security Board or relevant Welfare Board as required;
• Comply with state-specific gig worker welfare legislation including the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Act, 2025, and similar legislation in other states where applicable.

20.2 Service Provider Entitlements

Registered Service Providers shall be entitled to benefits under social security schemes framed by the Central or State Government under Section 114 of the Code on Social Security, 2020, which may include: life and disability insurance, health and maternity benefits, old-age protection and pension, accidental insurance, education benefits, and funeral assistance. Entitlement and benefit amounts are determined by the relevant Government scheme and are not guaranteed by Prestix.

20.3 Prevention of Sexual Harassment

Prestix maintains a zero-tolerance policy toward sexual harassment in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('POSH Act'). Prestix has constituted an Internal Complaints Committee as required under Section 4 of the POSH Act. Any Service Provider experiencing or witnessing sexual harassment during a Shift may file a complaint through the Platform or directly with the Internal Complaints Committee at [POSH email/contact]. Service Recipients shall ensure POSH compliance at their premises and cooperate with any investigation initiated by Prestix or statutory authorities.

20.4 Interstate Migrant Workers

Where Service Providers are recruited from or ordinarily resident in a state other than the state of Shift deployment, the provisions of the Occupational Safety, Health and Working Conditions Code, 2020, relating to inter-state migrant workers shall apply. Such Service Providers shall be entitled to:

• Displacement allowance of 50% of monthly wages or such amount as prescribed;
• Journey allowance for travel to and from the state of deployment;
• Wages equal to those of local workers for the same or similar work;
• Such other benefits as mandated by Applicable Law.

21. Force Majeure

21.1

Neither party shall be liable for failure to perform any obligation under this Agreement if prevented by Force Majeure Events, including but not limited to: natural disasters, epidemics, pandemics, government actions or restrictions, wars, civil unrest, strikes (other than strikes by the affected party's own workers), acts of terrorism, power failures, internet outages, and any event beyond the reasonable control of the affected party. The affected party shall notify the other party within [48] hours and use reasonable efforts to mitigate the impact.

22. General Provisions

22.1 Entire Agreement

This Agreement, together with the Privacy Policy and any supplementary terms published on the Platform, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.

22.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

22.3 No Waiver

The failure of Prestix to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

22.4 Assignment

Users may not assign or transfer any rights or obligations under this Agreement without Prestix's prior written consent. Prestix may freely assign this Agreement to any affiliate, successor, or acquirer.

22.5 Notices

All notices under this Agreement shall be in writing and delivered via: (a) the Platform's in-app notification system; (b) email to the registered email address; or (c) registered post to the registered address. Notices shall be deemed received upon: (a) delivery for in-app notifications; (b) twenty-four (24) hours after email dispatch; (c) seven (7) days after posting by registered post.

22.6 Language

This Agreement is executed in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

Last updated on - March 24, 2026