PURCHASER 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 “FAMAG/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./Ms./Ms ___________________________, having Aadhar Number _______________, having house/office at _________________________, hereinafter referred to as “Merchants/User/customer” (which expression shall unless be repugnant to the context or meaning thereof shall mean an include its directors/partners (in case of company/ partnership), representatives, executors, successors and/or assigns) OF THE OTHER PART;

WHEREAS: –

1. Company has ownership rights to a socio-commerce platform named “From Around” providing a service software to merchants to conduct business and for customer to access and purchase any products they choose and as per terms and conditions of this agreement (“the said platform”).
2. Company provides only a socio-commerce facilitator platform for merchants to sell including but not limited goods, creative contents as mentioned under this agreement.
3. Merchant/User/ Customer agrees to pay commission to use the said platform on transactions as agreed in this agreement.
4. 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.

NOW THIS AGREEMENT IS WITNESSETH AS FOLLOWS AND IT IS AGREED BY AND BETWEEN THE PARTIES AS UNDER:

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.

 

AUDIENCE TERM OF USE [updated as on 19.04.2022]

The terms “We” / “Us” / “Our”/” Company” individually and collectively refer to From Around and the terms “Visitor” User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. By browsing the public areas or by accessing and using the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement.”). You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

INFORMATION ABOUT US:

FROM AROUND is a software service operated by FAMAG Private Limited (“FA MAG”,” “we,” “us,” or “our”) that utilizes the latest web, mobile and social networking technologies to allow you to find and order from your favourite creators, artist, artisans, home chefs, restaurants, and much more.

We definite our vendors / merchants as CREATORS i.e., home chefs, restaurants, artisans, designers, content creators, etc. All vendors / Merchants are referred to as ‘CREATORS’ in this document.

• ALTHOUGH YOU ARE ABLE TO PLACE ORDERS THROUGH THEIR SERVICES, FROM AROUND ITSELF DOES NOT SELL THE PRODUCTS OR CONTENT CONTAINED IN YOUR ORDER, IS NOT A PARTY TO ANY SUCH TRANSACTION, AND HAS NO CONTROL OVER THE QUALITY OR SAFETY OF THE PRODUCTS OR CONTENT.
• YOUR ORDER IS BETWEEN YOU AND THE VENDOR / MERCHANT / CREATOR FROM WHICH YOU ORDER.

In addition, home chefs & restaurants may state ingredients or represent allergen or food preparation standards through the Services, such as food or beverages being nut-free, gluten-free, lactose-free or organic. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by our creators, vendors or merchants.  Therefore, if you or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, you are strongly advised to contact the creator directly to address your specific needs.

VIEWER DISCRETION IS ADVISED. CONTENT BY OUR CREATORS IS SUITABLE FOR AUDIENCES THAT ARE 18 YEARS AND ABOVE. FROM AROUND ITSELF DOES NOT PRODUCE ANY CONTENT AND AS SUCH HOLDS NO RIGHTS AND WILL NOT BE LIABLE FOR ANY OFFENCE CAUSED.

BY USING THE SERVICES, YOU AGREE THAT YOU UNDERSTAND THAT FROM AROUND IS NOT RESPONSIBLE FOR ANY CONTENT, STATEMENTS, REFUNDS OR OMISSIONS CONCERNING THE PRODUCTS CONTAINED IN YOUR ORDER.

Please realize that From Around is a diverse community and, while you may not necessarily agree with someone’s point of view, it may not be a violation of our Community Guidelines. That said, when you see a page on From Around that you feel violates our Community Guidelines, please take the time to report them via our reporting tools. A member of the team will review the report and if our Platform Guidelines have been violated, the case manager will contact the creator to let them know that they are outside these guidelines.

Our first reflex is always to try to educate creators to help them understand how a rule has been broken and how to remedy the issue. In cases where the violation is particularly bad or intentional, we may take further action such as suspending or removing their account. In the most extreme cases we may ban a creator from using the platform.     

PRICE AND PAYMENT / REFUNDS: [FOR OUR DIGITAL CREATORS, WE DO NOT PROCESS ANY REFUNDS. PLEASE VIEW OUR REFUND POLICY FOR DIGITAL CREATORS TO KNOW MORE]

1. The price of any subscription, pay per views, experiences or product will be listed on our services and defined by the CREATOR. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the confirmation message, save in the case of an obvious pricing mistake, whereby the CREATOR will notify you as soon as they can about the pricing issue. The relevant CREATOR will normally verify prices as part of the order process.
2. You may pay for orders via the services or direct to the creator using Cash or credit/debit card on Delivery options. You agree that FROM AROUND may immediately authorize your credit card (or other approved facility) for payment for any order made under your account (as defined below).
3. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Website to contact customer service.
4. All refunds are subject to the refund policies of the CREATORS from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund.

DIGITAL SHOP REFUND POLICY

1. How Do I Request a Refund? – Whether you’re unsatisfied with the benefits you received or weren’t clear on your payment schedule, refund requests must first go to the creator you paid on FROM AROUND. Since your payments were processed to their account balance, we’re unable to make the decision to issue a refund for a creator.
2. Creators are responsible for benefits and content distribution. While it may be looked down upon, it is not a violation of our terms if a creator doesn’t deliver benefits or they’re not as expected.

USE OF CONTENT

1. All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
2. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organizations or entity’s written permission.
3. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘show’), generated/provided or based on information provided by creators,
4. Partners or third parties the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such offers, agreements, statements or such other information provided by the creators, partners or third parties on the Platform.
5. All the content displayed on the platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of From Around and the copyright owner.
6. The creators, vendors or merchants are solely responsible for the integrity, authenticity, quality and genuineness of the show provided by them on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the show on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any show or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The Partner shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of show or part thereof that is deemed to be untrue/inaccurate/misleading.
7. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the show on the Platform. Users shall not copy, adapt, and modify any show without written permission of FromAround.com

PURPOSE: The purpose of our Services is to provide simple and convenient services to you, linking you to the Creators and their content, catalogue and menu of their choice and allowing you to buy, subscribe or order from them using our Service. Fromaround.com provides the Ordering / Booking Platform to our Creators to promote their catalogue, monetize content, concludes orders on and delivers the product to you.

RESTRICTIONS: The Services are available for individuals aged 18 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

BULLYING, HARASSMENT, AND THREATS: We don’t allow bullying or harassment because we want fromaround.com to feel like a safe place for our various communities. At the same time, we want people to be able to express themselves, be critical, and discuss controversial issues.

1. Bullying: You cannot attempt to intimidate anyone, either directly or by using your influence over others. We treat real-life interactions more seriously than online interactions when analysing whether a line has been crossed because it can be more threatening and lead to physical violence. When both sides engage in similar behaviour, such as feuds between public figures, we are less likely to take action.
2. Harassment: Anyone on fromaround.com should be able to express their opinion in a way that doesn’t threaten another person. In this respect, we take threats of violence very seriously. Any creator or subscriber threatening the well-being of an individual or group of people will be removed. This includes threatening behaviour such as stalking or inciting others to commit violent acts.
3. If you are a victim of this behaviour and feel that your personal safety is at risk, we suggest you contact your local law enforcement, in addition to reporting the behaviour to us.
4. Hate speech: There is no room on From Around for projects funding hate speech, such as calling for violence, exclusion, or segregation. This includes serious attacks on people based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, age, disability or serious medical conditions.

INTELLECTUAL PROPERTY

The Services contain material, such as software, text, graphics, images, sound recordings, audio-visual works, and other material provided by or on behalf of fromaround.com (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected by copyright laws and treaties around the world. Unauthorized use of the Content may violate copyright, trademark, and other laws.

1. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.
2. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

COMMUNICATIONS TO FROM AROUND AND USER SUBMISSIONS:

1. You should not e-mail us any content that contains confidential information. With respect to all e-mails, you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
2. You retain all copyrights and other intellectual property rights in and to anything you post to the Services. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.

OUR LIABILITY:

Although we take our customers’ satisfaction very seriously, if you have any problems with your order, including any delivery services or content subscriptions, please contact the CREATOR directly.

YOUR ORDER IS BETWEEN YOU AND THE CREATOR FROM WHICH YOU ORDER, FROM AROUND IS NOT AN ACTUAL PARTY TO ANY SUCH ORDER.

1. The content and the services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non–infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.
2. In connection with any warranty, contract, or common law tort claims: we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of inability to access and use the services or the content, even if we have been advised of the possibility of such damages.
3. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
4. The services and/or the content may contain technical inaccuracies, typographical errors, or omissions, including with respect to allergy information and/or food preparation standards. We are not responsible for any such typographical, technical, pricing, or other errors listed on or omitted from the services and/or the content.
5. The services and the content contain information on our participating CREATORS products, not all of which are available in every location. A reference to a product on the services or in the content does not imply that such product is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the services and the content at any time without notice.
6. We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error. In addition, we reserve the right to report any fraudulent or inappropriate conduct to appropriate authorities at our discretion.
7. User agrees that neither Companynor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
8. User further agrees that Companyshall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to director/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
9. User agrees that Companyshall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

INDEMNIFICATION: You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

EVENTS OUTSIDE OUR CONTROL: No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in THIS CLAUSE shall excuse the Customer from any payment obligations under this Agreement.

WAIVER: Neither you, From Around nor the Creators shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

EXTERNAL SITES: The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

TERMINATION OF THE AGREEMENT: We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

LAW AND JURISDICTION: This Agreement shall be governed by, construed and enforced in accordance with the laws of India, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate court of law in Mumbai, Maharashtra.

MISCELLANEOUS: Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

INTERNATIONAL USE: We make no representation that the Content on the Platform is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Platform from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

ACCEPTABLE WEBSITE USE

1. Security Rules: Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
2. General Rules: Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

FORCE MAJEURE

Neither FromAround.com nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISCLAIMER OF CONSEQUENTIAL DAMAGES:

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

INTELLECTUAL PROPERTY

1. The Services contain material, such as software, text, graphics, images, sound recordings, audio-visual works, and other material provided by or on behalf of fromaround.com (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected by copyright laws and treaties around the world. Unauthorized use of the Content may violate copyright, trademark, and other laws.
2. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.
3. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.