Creator Terms & Conditions

Note: THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS OF USE WERE UPDATED ON NOVEMBER 2021. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS PLATFORM

MERCHANT/ CREATOR AGREEMENT

This Agreement is entered in Mumbai on ______ Day of ________, in the Christian year ______;

BY AND BETWEEN:

FAMAG PRIVATE LIMITED, a company registered under Indian Companies Act 2013 bearing Corporate Identification Number (CIN) U74999MH2020PTC351362 and having registered office at 305 God Gift Tower, Hill Road Bandra West Mumbai 400 050 represented through director Warren Anthony Menezes, hereinafter referred to as “COMPANY” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include its directors, representatives, executors) OF THE FIRSR PART;

AND

Mr./Mrs. ___________________________, habitant of __________, having identity proof as ____________ having number ____________ and having address at office at _________________________,hereinafter referred to as “MERCHANT/ CREATOR” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include his/her individual self or his authorised assignee) OF THE OTHER PART;

M/s _________________________, a company incorporated under Indian Companies Act, 1956 or Companies Act 2013, or Limited liability Partnership Act, 2008 having CIN No. _____________________, PAN card No. ___________________, represented through its designated partner/director/authorised signatory ____________________ authorised by a board resolution dated ________________, having registered office address at _____________________________________________, hereinafter referred to as “MERCHANT/CREATOR” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include its directors or partners or designated partners, officers, representatives and/or assignee) OF THE OTHER PART;

M/s _________________________, a partnership firm, incorporated under Indian Partnership Act, 1932, having PAN card No. ___________________, represented through its partner _________________, having registered office address at _____________________________________________, hereinafter referred to as “MERCHANT/CREATOR” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include its directors, officers, representatives and/or assignee) OF THE OTHER PART;

M/s _________________________, a company/ firm incorporated under ___________, having identification No. _____________________, represented through ____________________ authorised by a board resolution dated ________________, having registered office address at _____________________________________________, hereinafter referred to as “MERCHANT/CREATOR” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include its directors, officers, representatives and/or assignee) OF THE OTHER PART;

WHEREAS: –

1. Company is engaged in business of business of providing social commerce platform services for recipe-sharing, content production, marketing, booking, customer care, product research activities for customers and support services, sales, commercial events, administration, planning, financial, legal, market development, advertisement, product development, product support, systems development, operations support, project related matters, provision of training, information on competitive activities, promotional offers, collection of industry data, answering operational, technical and risk management queries and other related business activities (“the said business activities”) under name and style of “FROM AROUND” . The Company has full rights and complete ownership rights to enter into this contract with Merchant/Creators.
2. Merchant/Creator has approached the Company to promote the said business activities on the digital platform of the company.
3. Merchant/Creator has agreed to pay commission and other charges as applicable to them under this agreement for using the said platform for marketing, display of creative content, sell goods and other things as agreed between the parties as legally permissible by MOA/AOA of the company and legally permissible by law prevailing in Union of India.
4. Merchant/ Creator has represented those personal details and other information provided by them in execution of this electronic agreement is true and correct and relying on the representations of the merchant/user, the company has entered into this agreement without verifying the contents of the information provided by merchant/creator. In no circumstances, the company shall be liable to actions, mis-deeds, misrepresentations, fraud committed by the merchant/creator knowingly or unknowingly while using the digital platform of the company. Merchant shall at all times indemnify the company, its officers, agents, directors, representatives and assignees from each and every action undertaken by the Merchant/Creator on the digital platform.
5. Merchant/Creator has satisfied themselves with their responsibilities under this agreement and has entered into this agreement after reading and understanding the role of merchant/creator and acknowledging the fact the company is only a facilitator to merchant/creator.
6. Parties have agreed to enter into this agreement and have accepted to agree to terms and conditions of this agreement which are produced in detail hereinbelow.

Creators, Merchants or Artists: A creator is someone who creates and provides content or services for their subscribers or customers through the From Around platform. To become a creator, you must create a page (also called a creator’s personal website) that describes what you are creating and any benefits you are offering. To receive pay-outs, you have to provide us your preferred payment mode with your details e.g., UPI / Bank Transfer etc. You must also provide us with additional information for tax purposes.

Legal name

Address Proof

PAN Card / Aadhar Card

GST (if required)

FSSAI (if required)

NOW THEREFORE THE PARTIES HEREBY AGREE to execute the Agreement in consideration of the mutual promises, covenants, representations, warranties and in accordance with the terms and conditions set out hereunder:

Recitals shall form an integral part of this agreement and shall be read as a part of this agreement. Recitals shall be representations of the parties which shall be binding upon the parties.

INTELLECTUAL PROPERTY

Company has right, title, interest including but not limited to ownership of domain rights of www.From Around and trademark, logos, graphics, images, sound recordings, audio-visual works and other material works owned and related to the company (“intellectual property of the company”) excluding content of merchant or creator protected under copyright laws prevailing in the territory, displayed on the registered website and mobile application of the website. No creator or merchant or any person or persons under him shall claim or to claim any right, title, interest upon the intellectual property of the company save and except content uploaded on website of the company protected under copyright laws prevailing in the territory of India.
Any right, title and interest whatsoever, including, but not limited to content, patents, copyright, trade secrets, IT solutions, software and design rights whether capable of being registered or not, arising or created produced by the Merchant or Creator shall belong to Merchant or Creator exclusively.
Merchant/ Creator undertakes not to sell, transfer, assign, license, sublicense, or modify the intellectual property of the company without express written permission of the company.

CONFIDENTIALITY: “Confidential Information” includes, without limitation, all information that has or could have commercial value or other utility in which Merchant or creator or any of its representative/Affiliate/authorised officer is engaged or in which they contemplate engaging, which shall include:

Testing methods, content, patents, copyright, trade secrets, IT solutions, software and design and other intellectual property rights of the company displayed on the website and mobile application of the company save and except content uploaded on website of the company protected under copyright laws prevailing in the territory of India.
all information of which the unauthorized disclosure could be detrimental to the interest to the company, whether or not such information is identified as Confidential Information by employer.
information disclosed by merchants or creators including communications between company and merchant or creators during the subsistence of this agreement which is not expressly permitted.
information disclosed or made available to the merchant or creator by the company.
all information pertaining to commission, fees, charges, payments, services and other commercial understanding between the company and merchant or creator communicated expressly or impliedly by the company.
It does not include except and then only to the extent that:

Merchant or creator can demonstrate by competent written proof that all or any part of the confidential information was already in his/ their at the time before its disclosure by the company. Or;
all or any part of the Confidential Information can be demonstrated by competent written proof to be in the public domain.

KYC AND CREATOR VERIFICATION

Any merchant or creator using the digital platform of the company shall complete the KYC as per annexures to this agreement and render true and correct information to the company. in case of any merchant or vendor renders false information or fails to complete KYC then it shall result in suspension of account and forfeiture of any earning or pay-off to the merchant or creator.

WHO CANNOT USE THE PLATFORM OF THE COMPANY

All persons are allowed to use the digital platform of the company except:

People using the platform to advance to political views and/or run, manage political camping save and except educational videos pertaining to current affairs in India and in entire world.
Persons or organisations already convicted for criminal or harmful posts and/or crimes punishable under Indian Penal code or any other criminal law prevailing in India;
People or organisation promoting drugs, substance abuse, nudity, sexuality, terrorism, sedition, supply of weapons, white collar crimes, abuse of child, abuse of animals;
People debarred by the company for non-compliance to this agreement

WHAT CANNOT BE SOLD ON FROM AROUND

REFUND AND CANCELLATION

No Refund of creator/ merchant and/or end user shall be granted by the company.
In an event merchant or creator wants to stop the subscription or service provided by the company, creator or merchant shall use the tools provided on the platform.
Any Account not recharged for more than 2 (two)weeks will automatically delete its contents. The company shall not be liable to for deletion of contents or de-activation of such dormant accounts.

TERMINATION

If Merchant or creator is guilty of any misconduct or commits breach of any provision of this Agreement or annexure attached hereto, company shall have complete right and full authority to terminate this agreement without any prior notice and de-active the account of such merchant or creator. However, merchant or creator shall be allowed to activate his account again and enter into new agreement or resume performance under this agreement as decided by the company from time to time or as per guidelines issued by the company.
In an event, Merchant or creator request for termination of this agreement or unilaterally de-activates the account with an intention to play fraud on the customers using the digital platform of the company for wrongful gains. In such event, Merchant or creator shall be disbarred from using the digital platform of the company for a period as decided from time to time and shall be liable to compensate the company damages equivalent to 100% of sale proceeds of the merchant or creator for loss of good-will, reputation of the company. In case of any such fraud by Merchant or creator on his customers, such merchant or creator shall indemnify and keep indemnified company, its director, agents, representatives, officers from all claim, demands, damages, legal proceedings, costs which is liable to paid by the merchant or creator.
Company shall have right to exercise lien on all amounts due to the Merchant or creator from the company in respect of the damages aforesaid.
This agreement between the parties shall stand terminated on non-usage of digital platform for continuous period 3 months by the Merchant or Creator.

RESPRESENTATIONS AND WARRANTIES

Merchant or creator hereby represents and warrants to the Company as follows:

Merchant or creator has accurately disclosed all information to Company at the time entering into this agreement, including information pertaining to legal identity, personal information, bank account information, GST number, employment status.
Merchant or creator is not subject to any agreement, arrangement, contract, understanding, court order or otherwise, which in any way directly or indirectly restricts or prohibits the Merchant or creator from fully performing the duties under this agreement or any of them, in accordance with the terms and conditions of this agreement.
Merchant or Employer hereby represents that he is not in employment (whether full or part time) with any other person, firm, company or organisation as on date hereof.
Merchant or creator is not barred or blacklisted by any governmental body, statutory authority, social platforms or websites including twitter, Facebook, Instagram, amazon, flipkart etc and no show-cause notice in respect thereof has been issued to the Merchant or creator.
Merchant or creator is not convicted by any court or tribunal of any offence under the laws of India.

INDEMNITY

Merchant or creator hereby indemnifies and holds harmless and agrees and undertakes with the Company that the Merchant or creator shall and will from time to time and at all times hereafter, indemnify and fully and effectively keep them indemnified and save harmless the Company and from and against all actions, suits, prosecutions, proceedings, claims and demands whatsoever that may be made, raised or preferred by any persons against Company or its directors, officers, representatives, agents, authorised representatives, signatories and also against all costs, losses, charges, expenses, damages, claims or payments whatsoever that they may be made liable to pay, suffer or incur consequent upon breach by the Merchant or Creator of this Agreement or any representation, warranty or statement contained in this Agreement made by the Employee found to be untrue or inaccurate. Merchant or creator agrees and undertakes to company to bear and pay all costs, charges, expenses, losses, claims and damages that Company or its directors, officers, representatives, agents, authorised representatives, signatories may suffer or incur in that behalf, including legal costs and attorney’s fees.

NOTICES

Any notice or other communication of like nature that may be given by one party to the other shall always be in writing in English and shall be served by email or hand delivery duly acknowledged or sent by Registered Post with acknowledgment due or by an email or by courier at the respective addresses recorded in the address above mentioned by the parties.

INDEPENDENT CONTRACTORS

The Company and the Merchant or creator are each independent contractors and this Agreement shall not be construed to create an association, partnership, joint venture, relation of principal and agent or employer and employee between the Parties or its agents within the meaning any applicable law. Neither party will enter into any agreement, oral or written, on behalf of the other or otherwise obligate the other party without that party’s advance written approval.

CODE OF CONDUCT

Merchant or creator shall refrain from using the services given by the company to promote unlawful, ill-legal activities, unwanted marketing, email spamming, abusive language, sexual contents (express or implied).

ENTIRE AGREEMENT

The Agreement along with Applicable annexures shall contain the entire agreement between the Parties, superseding in all respects any and all prior oral or written agreements or understandings and shall be amended or modified or extended only by written instrument signed by both Parties.

SEVERABILITY

If any of the provisions of the Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

ARBITRATION

If any dispute or difference cannot be resolved amicably, the Parties agree to resolve the dispute and difference through arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof.
The venue of such Arbitration shall be Mumbai.
The language of Arbitration shall be English.
The Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder.
The entire cost of arbitration shall be paid by the Employee.

GOVERNING LAW AND JURISDICTION

The agreement shall be governed and construed in accordance with the laws of India.
If any action or proceeding arising out of or related to the Agreement is brought by either Party; subject to the arbitration clause above, the Parties consent to the exclusive jurisdiction and venue in the courts of Mumbai.

IN WITNESS WHEREOF, the Parties have entered into the Agreement the day and year first above written at Mumbai

SIGNED SEALED AND DELIVERED BY FAMAG PRIVATE LIMITED BY WITHIN NAMED “THE COMPANY ”

The Agreement is being signed by me at my free will and without any pressure or coercion on anybody’s part, at Mumbai. The Agreement will also constitute as part and parcel of the terms of employment of employer as aforesaid.

SIGNED SEALED AND DELIVERED BY____________________BY WITHINAMED CALLED “MERCHANT OR CREATOR”

ANNEXURE – I

TERMS AND CONDITIONS FOR YOUR CHANNEL

Merchant means: Any individual, company, partnership firm, Proprietorship firm who is engaged in buy, selling of goods of a particular type in commercial quantity.
Creator means: Any person or group of persons either independently or Associated with any organization who makes, produces or create cinematographic film, short video and other interactive audio-visual representation protected under copyright laws in India.
Company means FAMAG Private Limited
End user or customer or viewers means: any individual who purchases and orders delivery of any goods from merchant and/or subscribes or views any content of any creator.
Company is a mere facilitator between the merchant or creator and the end user or customer. Company shall not be liable to end user for non-delivery or non-performance of agreement between the parties. Company can withhold pay outs to merchant or creator in an event they fail to perform their obligations under the creator merchant agreement and/or under this Annexure.

FORM OF CONTENT which CANNOT be uploaded on the digital platform of the Company:

Explicit Nude or Pornographic material;
Graphic Violence and Gore;
Hate speech or hate inciting media;
Activity which is declared ill-legal by government or any activity promoting, inducing or cause to induce activity declared ill-legal by the government;
Drugs or drug Paraphernalia or full payment or partial payment of drugs, medication or supplement through coupons, gift cards or any other incentives;
Weapons and explosives;
Alcohol and smoking except page dedicated to beer tasting or making cocktails or page dedicated review cigars and talk about the history of tobacco;
Finance and Crypto-currency save and except educational videos and advisories no form of investment scheme or crypto-currency as form of payment shall be allowed on the platform;
Sex work and sexual services;
Sale of individual ingredients or consumables related to cooking;
Multi-Level Marketing and Direct Selling
Lotteries, gambling, raffles etc.

In an event, if the Merchant or creator uploads a content which is violative of above-mentioned rules, such account of merchant or creator shall be suspended from the platform and their pay-outs shall be forfeited.

Creators are solely responsible for any infringements of any intellectual property rights and are liable for damages as determined by the applicable court of law.

CONTENT CREATION AND MEDIA REQUIREMENTS:

Image Ratio: Square – 1:1 ratio
Video Aspect Ratio: Horizontal – 16:9 aspect ratio / Vertical – 9:16 aspect ratio
Audio types: mp3, ogg, wav

CONTENT CREATION GUIDELINES:

Any content which is categorized as illegal as per Indian Laws shall not be uploaded by the Creator or Merchant. In an event, Merchant or creator uploads any such content on the platform of company, such account shall be suspended from the platform and their pay-outs shall be forfeited.
Merchant or creator shall register the content as per prevailing laws for protection under copyright laws. Merchant or creator shall solely be responsible for any infringements of intellectual property rights and are solely liable for penalty and damages as determined by court of law.
Merchant or creators are advised NOT to create content as mentioned in these annexure and upload on the platform of the company. Type of content which shall be reported by us to investigating authorities in India:

Images of child abuse and sexual depiction of minors
Images of human or animal abuse
Graphic violence and gore
Hate speech or hate-inciting media
Access to betting or gambling products or services
Drugs, medication, and supplements
Misinterpretation or use of someone else’s content

SUCCESSORS AND ASSIGNS

The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns and Affiliates. The Merchant shall not assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior consent of FAMAG Private Limited.

SEVERABILITY

If any provision of this Agreement shall contravene or be illegal, invalid or unenforceable under the laws of any state, country or jurisdiction in which this Agreement shall be performed or enforced, then such contravention, illegality, invalidity or unenforceability shall not invalidate the entire Agreement. Such provision shall be deemed to be modified to the extent necessary to render it valid, legal and enforceable, and if no such modification shall render it valid, legal and enforceable, then the Agreement shall be construed as if not containing the provision held to be invalid, and the validity, legality and enforceability of the provisions or covenants of this Agreement shall be unaffected, and the rights and obligations of the parties shall be construed and enforced accordingly.

Your channel plans: merchant or creator shall have an option of availing any of two plans of the company.

Channel Plus

All the basic benefits PLUS enhanced features to help you connect with your audience.

This Means –

Earn regular income from customer subscriptions

Unlimited posts – picture, video, audio

Earn more with pay per post content

Full access to customer data

Withdraw earnings anytime

Direct chat with customers

Customer management

Free for free content

Real-time analytics

We Earn When You Do

10% platform commission on all orders. Taxes as applicable

1.5% payment processing fee on all orders. Taxes as applicable

₹ 950 / monthly (cancel anytime) (discount for the first 10,00 sign ups)

COMMISSION PAYMENT AND PAYMENT FROM USER:

Merchant or Creator shall use the payment gateways available on the platform of the company. No indirect form of payment from the user shall be allowed other than as prescribed by the company from time to time.

KYC AND CREATOR VERIFICATION

Any merchant or creator using the digital platform of the company shall complete the KYC as per annexures to this agreement and render true and correct information to the company. in case of any merchant or vendor renders false information or fails to complete KYC then it shall result in suspension of account and forfeiture of any earning or pay-off to the merchant or creator.
Creator or Merchant shall complete KYC verification using a digital platform called ‘Digio’
For the purpose of verifying documents which can be used are Card – PAN, Aadhar card, License, Passport, Voter ID, ration card etc.
GST verification and declaration is compulsory. Merchant or creator has to declare whether they have GST number or no. in case they have GST number, merchant or creator shall download the GST declaration form of the company and scan the written declaration on the company platform.
Company shall time to time include verifications and declarations in order to protect the end user and preserve the objective of platform and avoid any wrong doings, fraud on the platform.
Merchant or creator will have to verify his/their bank account as required by the company from time to time.

GST and TAX obligations:

Company is not obligated towards any direct or indirect tax obligation of the creator/merchant that may arise as a result of creator/merchant access or use of services on the platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the creator/merchant.
Merchants will be solely responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law Notwithstanding anything herein to the contrary, company , in its sole discretion, may suspend or terminate this Agreement and corresponding access and right to use all or any portion of the company Programs, at any time, upon electronic or other notice to you, if Merchant or creator has not paid GST, service tax, VAT, Sur-charge or any other statutory dues prevailing in the territory as applicable to the Merchant or creator.

VERIFICATION AND INSPECTION:

It is expressly understood by and between the Parties that all the contents created or agreed to be created by the creator are on “SAID TO CONTAIN BASIS” i.e., the company shall be under no obligation and is not expected to verify the description and contents of the content created by the creator and as such, the creator shall undertake and ensure to make content is not in violation of the agreement between the creator and company. Further, the Company is not responsible in any way whatsoever for the creative content of creator to the end customer or viewers. Notwithstanding anything contained in the Agreement or this Annexure, the Company has the right however, not an obligation, to view the content of creator and de-activate the account of creators for a period as specified by the company.

SETTLEMENTS, ORDERS AND PAYOUTS

Settlement is the process in which the money received from your customers (orders) is settled to a creator/merchant bank account. Settlements are made to the company wallet.
Settlements for all payments are done in INR (Indian Rupees), irrespective of the currency in which the payment was made. After From Around receives the amount, it is settled to your wallet, after fees deduction.
T being the date of capture of payment. Additional + 7days for international transactions.
Settlement Schedule –

Your Channel: T + 3 days

Food Shop: T + 3 days

Global: T + 7 days

Bookings: T + 7 days

This is called the settlement cycle. The settlement cycle is subject to bank approval and can vary based on your business vertical, risk factors and so on. If the settlement day is a bank holiday, the settlement will be made on the next working day after the bank holiday.

For pay-outs – On request made by the creator/merchant all pay-outs’ requests will be made on a settlement cycle of T + 7 days. Requested amount is settled to the creator/merchant bank account, after fees deduction. The details of which you submitted to us as a part of KYC verification.

INDEMNITY

ANNEXURE – II

TERMS AND CONDITIONS FOR THE FOOD SHOP

Merchant means: Any individual, company, partnership firm, Proprietorship firm who is engaged in buy, selling of goods of a particular type in commercial quantity.
Creator means: Any person or group of persons either independently or Associated with any organization who makes, produces or create cinematographic film, short video and other interactive audio-visual representation protected under copyright laws in India.
Company means FAMAG Private Limited
End user or customer or viewers means: any individual who purchases and orders delivery of any goods from merchant and/or subscribes or views any content of any creator.
Company is a mere facilitator between the merchant or creator and the end user or customer. Company shall not be liable to end user for non-delivery or non-performance of agreement between the parties. Company can withhold pay outs to merchant or creator in an event they fail to perform their obligations under the creator merchant agreement and/or under this Annexure.
Any merchant or creator selling food products or creating any content pertaining to food it is advisable to state ingredients and alert viewers regarding allergen or food preparation standards in your listing or product description i.e., such as food or beverages being nut-free, gluten-free, lactose-free or organic.

FSSAI license: It is advisable to register and apply for an FSSAI license. While this isn’t a mandated requirement to start your shop it is your responsibility to acquire the same as stated or required by law. In any circumstances company will not be held liable for failure on behalf of merchant to obtain FSSAI license.

Obligations Of Merchant –

Banned products: The Merchant shall not book / deliver any Product which is banned, restricted, illegal, prohibited, stolen, infringing of any third-party rights, hazardous or dangerous or in breach of any tax laws. In the event Merchant hands over any such products to the customer then the company shall not be responsible and merchant shall be absolutely liable to the customer or end user for such booking or delivery.

The following items are prohibited – Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, Jewellry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).

Packaging of products: The Merchant shall ensure that the packaging of the Products is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with applicable laws.

Verification and inspection: It is expressly understood by and between the Parties that all Products agreed to be delivered by the Merchant are on “SAID TO CONTAIN BASIS” i.e. the company shall be under no obligation and is not expected to verify the description and contents of the Products declared by the Merchant on the docket and as such, the Merchant shall undertake and ensure to make proper, true, fair, correct and factual declaration on the docket regarding description and value of Products. Further, the Company is not responsible in any way whatsoever for the merchantability of the Product. Notwithstanding anything contained in the Agreement or this Annexure, the Company has the right however, not an obligation, to inspect any shipment/bookings/delivery consigned by the Merchant to ensure that all the items are capable of carriage to the destination within the standard operating procedure and handling methods. At no point in time does the Company warrant that any particular Product to be delivered is capable of carriage without infringing the law of any state of the country from/ to or through which the Product may be carried. Company is a mere facilitator who is not liable to the end user for non-delivery or non-performance of agreement between the merchant and customer however in case merchant chooses to deliver through logistics partner of the company such logistics partner reserves the right to refuse to deliver the Products that do not conform to these terms and conditions without assigning any reasons whatsoever.

The Merchant shall provide all regulatory/ statutory approvals in electronic/ physical format as required by the Service Provider to perform Delivery Services under this Agreement.

The Merchant or creator hereby agrees that they shall at all times comply with all the provisions contained in this annexure or as available on the website www. fromaround. com (and as amended from time to time). The Merchant hereby agrees that the provisions of Merchant creator agreement governing Merchant Terms and Conditions that govern Confidentiality, Governing Law, Termination and Dispute Resolution shall apply mutatis mutandis to this Agreement.
Successors And Assigns

Severability

Food shop plans: merchant or creator shall have an option to choose this plan of the company

Food Plus

All the basic benefits PLUS enhanced features to help you do more.

This Means –

Earn by selling directly on WhatsApp, social media & emails

Integrated & custom order delivery solutions

Unlimited menu listings (SKUs)

Earn by taking custom orders

Direct chat with customers

Customer management

Real-time analytics

We Earn When You Do

3% platform commission on all orders. Taxes as applicable

1.5% payment processing fee on all orders. Taxes as applicable

₹ 950 / monthly (cancel anytime) (100% discount for the first 10,000 creators)

COMMISSION PAYMENT AND PAYMENT FROM USER:

Merchant or Creator shall use the payment gateways available on the platform of the company. No indirect form of payment from the user shall be allowed other than as prescribed by the company from time to time.

KYC AND CREATOR VERIFICATION

Any merchant or creator using the digital platform of the company shall complete the KYC and render true and correct information to the company. in case of any merchant or vendor renders false information or fails to complete KYC then it shall result in suspension of account and forfeiture of any earning or pay-off to the merchant or creator.
Creator or Merchant shall complete KYC verification using a digital platform called ‘Digio’
For the purpose of verifying documents which can be used are Card – PAN, Aadhar card, License, Passport, Voter ID, ration card etc.
GST verification and declaration is compulsory. Merchant or creator has to declare whether they have GST number or no. in case they have GST number, merchant or creator shall download the GST declaration form of the company and scan the written declaration on the company platform.
Company shall time to time include verifications and declarations in order to protect the end user and preserve the objective of platform and avoid any wrong doings, fraud on the platform.
Merchant or creator will have to verify his/their bank account as required by the company from time to time.

GST and TAX obligations

Company is not obligated towards any direct or indirect tax obligation of the creator/merchant that may arise as a result of creator/merchant access or use of services on the platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the creator/merchant.
Merchants will be solely responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law Notwithstanding anything herein to the contrary, company , in its sole discretion, may suspend or terminate this Agreement and corresponding access and right to use all or any portion of the company Programs, at any time, upon electronic or other notice to you, if Merchant or creator has not paid GST, service tax, VAT, Sur-charge or any other statutory dues prevailing in the territory as applicable to the Merchant or creator.

VERIFICATION AND INSPECTION:

It is expressly understood by and between the Parties that all the contents created or agreed to be created by the creator are on “SAID TO CONTAIN BASIS” i.e., the company shall be under no obligation and is not expected to verify the description and contents of the content created by the creator and as such, the creator shall undertake and ensure to make content is not in violation of the agreement between the creator and company. Further, the Company is not responsible in any way whatsoever for the creative content of creator to the end customer or viewers. Notwithstanding anything contained in the Agreement or this Annexure, the Company has the right however, not an obligation, to view the content of creator / merchant and de-activate the account of creators for a period as specified by the company.

SETTLEMENTS, ORDERS AND PAYOUTS

Settlement is the process in which the money received from your customers (orders) is settled to a creator/merchant bank account. Settlements are made to the company wallet.
Settlements for all payments are done in INR (Indian Rupees), irrespective of the currency in which the payment was made. After From Around receives the amount, it is settled to your wallet, after fees deduction.
T being the date of capture of payment. Additional + 7days for international transactions.
Settlement Schedule –

Your Channel: T + 3 days

Food Shop: T + 3 days

Global: T + 7 days

Bookings: T + 7 days

DELIVERY

The creator or platform appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the merchant or creator may require. In such services being provided by the logistics partner, it is to be understood that the platform shall be not be held liable for any act of default by the respective logistics partner.

INDEMNITY

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