FASTOR7 Technology Private Limited

www.fastor.aisupport@fastor.ai

Merchant Terms of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.FASTOR.AI website and ‘Becho24x7 by FASTOR’ application for mobile and handheld devices.

These terms of use (the “Terms of Use”) govern your use of our website www.FASTOR.AI (the “Website”) and various other ‘FASTOR’ application for mobile and handheld devices (the “App”). The Website and the Apps are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with FASTOR and you signify your acceptance to the Terms of Use and other FASTOR policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Services, and create legally binding arrangements to abide by the same.

The Platform is owned and operated by FASTOR7 Technology LLP, a partnership firm having its registered office at Delhi (INDIA). For the purpose of these Terms of Use, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data while registering on the Platform as a registered partner using the computer systems or mobile phone or any other electronic device. The term “Becho24x7”, FASTOR, “we”, “us” or “our” shall mean FASTOR7 Technology LLP.

Becho24x7 by FASTOR enables transactions between participant merchants (you) dealing in Physical retail products or food and beverages or Digital Products or any Services, and buyers (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighbourhood merchants like you selling products & services (“Merchant/s”) on the Platform and FASTOR enables executions of such Orders through its Becho 24x7 and FASTOR technology platform to the buyers at merchant’s store. The Platform Services to Merchant & buyers are referred to as “Services”.

This Terms of Use are subject to modifications, and we reserve the right to modify or change the Terms of Use and other FASTOR policies at any time by posting changes on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and other FASTOR policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other FASTOR policies.


Use of Platform and Services

1. All commercial/contractual terms are offered by you and agreed to by the Buyers alone. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. FASTOR does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Buyer is aware of the credibility of the Merchant’s store where he is placing the order. FASTOR will not be responsible for any Merchant & Buyer dispute.


2. FASTOR does not make any representation or warranty as to the item-specifics (such as legal title,creditworthiness, identity, etc.) of any of its users/merchants/buyers.


3. FASTOR is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. FASTOR cannot and does not guarantee that the concerned Buyers and/or Merchant will perform any transaction concluded on the Platform. FASTOR is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.


4. FASTOR is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall FASTOR hold any right, title or interest over the products nor shall FASTOR have any obligations or liabilities in respect of such contract entered into between Merchant and Buyer.


5. FASTOR is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to product efficacy, quality, or any other such issues, FASTOR shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant shall alone be liable for redressing and bound to take action on the complaints by the Buyer. FASTOR has the right to share with the Buyer, the relevant information including the Merchant details to enable satisfactory resolution of the complaint. FASTOR shall in the interest of satisfactory resolution of the Complaint, share with the Buyer, relevant information pertaining to the Order along with Merchant details.


6. Please note that there could be risks in dealing with underage persons or people acting under false pretence.


7. You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
   1. 7.1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
   1. belongs to another person and which you do not have any right to;
   
   
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   
   
   3. is misleading or misrepresentative in any way;
   
   
   4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   
   
   5. harasses or advocates harassment of another person;
   
   
   6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
   
   
   7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   
   
   8. infringes upon or violates any third part’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
   
   
   9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   
   
   10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   
   
   11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
   
   
   12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   
   
   13. contains video, photographs, or images of another person (with a minor or an adult);
   
   
   14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
   
   
   15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout this Terms of Use, FASTOR’s prior written consent means a communication coming from FASTOR’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
   
   
   16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
   
   
   17. interferes with another user’s use and enjoyment of the Platform;
   
   
   18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use
   
   
   19. harm minors in any way;
   
   
   20. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   
   
   21. violates any law for the time being in force;
   
   
   22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   
   
   23. impersonate another person;
   
   
   24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   
   
   25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
   
   
   26. is false, inaccurate or misleading;
   
   
   27. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers; or
   
   
   28. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
   
   
   2. 7.2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
   
   
   3. 7.3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
   
   
   4. 7.4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
   
   
   5. 7.5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘FASTOR’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of FASTOR or users on platform or otherwise tarnish or dilute any of FASTOR’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or FASTOR’s systems or networks, or any systems or networks connected to FASTOR.
   
   
   6. 7.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
   
   
   7. 7.7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
   
   
   8. 7.8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of FASTOR and/or others.
   
   
   9. 7.9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of the (a) Information Technology Act, 2000 and the rules thereunder; (b) Food Safety and Standards Act, 2006 and the rules and regulations thereunder; (c) Legal Metrology Act 2009 and the rules thereunder; (d) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (e) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to good and service tax and/or any other taxes, custom duty, local levies), as may be applicable, regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
   
   
   10. 7.10. You shall be solely responsible for ensuring taxes are charged in accordance with applicable laws under a valid invoice. Any liability or claim that may arise in this respect shall be wholly borne by you. FASTOR expressly disclaims any liability in this regard.
   
   
   11. 7.11. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tier) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
   
   
   12. 7.12. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
   
   
   13. 7.13. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, (a) we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury, and (b) we can (and you hereby expressly authorize us to) disclose any information about your transactions effected on the Platform to the state government and/or the central government authorities, including direct and indirect tax or any appropriate authority and their officials, as we, in our sole discretion, believe necessary or appropriate.
   
   
   14. 7.14. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. FASTOR shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect FASTOR views. In no event shall FASTOR assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
   
   
   15. 7.15. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. FASTOR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
   
   
   16. 7.16. It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
   
   
   17. 7.17. FASTOR shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
   
   

Terms and Conditions of Service

1. FASTOR shall perform Platform Services on best effort basis and as agreed with no liability. FASTOR provides no assurance that any Buyer will place Orders against the respective Merchant/s. The Merchant shall be solely responsible for display of the name of the digital store and images of the items/products, which shall be listed for the Buyers to choose from.


2. FASTOR may also manage an email ID on your behalf, which shall be hosted on the FASTOR.AI domain, in order to manage customer communications and correspondence.


3. FASTOR shall determine to provide the aforesaid services within the areas as it deem fit. FASTOR reserves the right to add or remove areas to improve its Services. Merchant shall be solely responsible to reimburse and/or absolve the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchant (“Disputed Orders”), including but not limited to,
   1. Buyer’s expectations not being met or Buyer dissatisfaction with regard to the quality of items/products supplied by the Merchant;
   
   
   2. Wrong items;
   
   
   3. Missing items in the order; and
   
   
   4. Foreign object in the order
   
   
4. FASTOR shall also provide such other services to the Merchant which shall include but not limited to, Services provided by FASTOR’s ‘Order Management Team’ by placing Orders on behalf of Buyer/s with the Merchant through phone calls or Whatsapp or any other medium (the “Call Center Service”) more fully defined under clause VI (8)(xii)(a) hereinbelow and marketing services.


5. The Merchant shall be solely responsible for reviewing information on the Platform and shall ensure that all information manifested / advertised are up to date and in accordance with applicable law. The Merchant shall update all such information and inform FASTOR about the same in accordance with these Terms of Use. FASTOR shall not be liable or responsible in any way for any change in menu provided by the Merchant.


6. The Merchant shall be solely responsible for any warrantee/guarantee of the retail products or services sold to the Buyers and in no event, shall it be the responsibility of FASTOR.


7. In the event any Merchant wants to display and offer any pre-packaged product for sale to Buyers through the Platform, the Merchant shall be liable to comply with Legal Metrology (Packaged Commodities) Rules, 2011, as amended time to time, for displaying such pre-packaged product and share with FASTOR a legible and clear image of the ‘principal display panel’ (excluding month and year in which the product is manufactured or packed) of such pre-packaged product, which shall be displayed on the Platform for the Buyers. It is clarified that FASTOR shall facilitate but do not and shall not verify the content shared by the Merchant for displaying.


8. The Merchant represents, warrants and covenants that:
   1. it shall at all times offer, sell retail products or services that are best quality and fit for human consumption;
   
   
   2. it holds, at all times during the availing of Services, all licenses and/or consents necessary under all applicable statutes and regulations, The Merchant shall provide the details of its Licenses and a clear and legible image of the same shall be displayed on the Platform, if available;
   
   
   3. it shall at all times, ensure that the retail products or services, provided by the Merchant to the Buyers through FASTOR’s Platform, satisfy the requirement laid down under the applicable Act and all other statutory amendments or re-enactments, rules and regulations made thereunder that maybe for the time being in force;
   
   
   4. it shall at all times comply with hygiene and sanitary practices, and such other practices as may be applicable to its business, as prescribed under Schedule 4 of the Food Safety and Standard (Licensing and Registration of Food Businesses) Regulations, 2011; & any other applicable regulations & Act.
   
   
   5. it has full power and capacity to enter into and perform its obligations under this Terms of Use and has taken all necessary corporate and other actions to authorise the execution and performance thereof, mere use of the Platform and Services will constitute valid and binding obligations on and against it, in accordance with its terms;
   
   
   6. it is the sole author of, owns or otherwise controls all content provided to FASTOR, or has been granted the right to use such content / information (including menus) from the rights holder and does not violate or infringe the rights of any third party or applicable laws;
   
   
   7. all information provided by the Merchant to FASTOR, including all information contained in the Merchant’s retail products or services catalogue, service offerings, inclusions and exclusions is and shall at all times be true, accurate and correct and not misleading in any respect;
   
   
   8. it shall be solely liable for the quality of all its products, including all food and beverages and the packaging of the same, and shall at all times be in compliance with applicable laws;
   
   
   9. it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;
   
   
   10. it shall adhere to and comply with order delivery schedules and timelines that has been represented for products on the Platform;
   
   
   11. it shall not use alternate means (including but not limited to phone/emails/SMS) to connect with the Buyer using the Platform, to take Orders and thereby circumventing the Platform transaction;
   
   
   12. it shall ensure, at all time, its Personnel, its employees and representatives (Merchant Personnel) behave in a respectable and courteous manner with FASTOR representatives and as well as with the Buyers. Merchant Personnel shall not be rude, behave discourteously, or use foul or abusive language at any interaction. It shall at all time promptly report to FASTOR immediately, any behavioural issue by the FASTOR representatives or Buyers for suitable action;
   
   
   13. it shall process and execute the Orders promptly, correctly and within the stipulated service level timelines, as follows;
       1. In the event, that the Merchant does not confirm the Order after FASTOR has made attempt/s to call the Merchant, the Order will be deemed as cancelled by the Merchant. An intimation of such cancellation shall be sent to Merchant and such cancellation shall be treated as Merchant Cancellation and FASTOR shall reserve the right to recover Service Fee for such cancelled Order.
       
       
       2. The takeaway retail products items must be securely packed and kept ready in packaged condition, Buyer shall not be required to wait beyond 2 minutes to collect such packaged items.
       
       
       3. issue valid tax invoice against each order fulfilled and a copy of such invoice issued to Buyer.
       
       
       4. it must always ensure it shall prepare the ordered items as per the Order placed by the Buyer and shall be solely responsible for all the cost and consequences, if in case of supply of wrong items. It shall be the responsibility of the Merchant to verify whether all items packed are correct and as per the Order received.
       
       
       5. it shall be solely liable for delays in the delivery of Orders and/or repeat deliveries undertaken for reasons attributable to the Merchant, and the Merchant undertakes to keep FASTOR fully and effectively indemnified against the same.
       
       
   14. it shall use / display, in accordance with FASTOR’s instructions, all the collaterals and other materials supplied by FASTOR;
   
   
   15. it shall not use the labels, trademarks, branding or collaterals of any third-party, including but not limited to FASTOR’s direct competitors, for deliveries made using FASTOR Services;
   
   
   16. it shall share with FASTOR legible and clear images of products offered for sale to Buyers through the Platform in compliance of image guidelines as may be issued by FASTOR from time to time. The Merchant shall provide images for a minimum of 20 products, or for 40% of total products of the catalogue, whichever is higher, for display on the Platform. FASTOR shall facilitate photography services upon request, on chargeable basis;
   
   
   17. it shall ensure that it will at all times maintain parity in the pricing of its products offered for sale on the Platform as against its other sales channels, including but not limited to other online aggregators and its self-operated retail locations. It is clarified that, for the purposes of the present clause, product(s) shall mean and include the retail products or services item offered for sale, its quality, quantity and the packaging utilised;
   
   
   18. it shall list pre-packaged retail products at a ceiling price equal to or less than the Maximum Retail Price as indicated on such product;
   
   
   19. it agrees that in the event of a Merchant’s failure to comply with clauses VI.8. (xvi) and VI.8.(xvii), and on receipt of any communication/complaint from Customers to this effect, FASTOR shall be at liberty to, on verifying the same, refund such Customer for excess amounts charged against a product(s) and deduct the same from the Merchant from future settlements; and
   
   
   20. it shall be alert to the advisories issued by FASTOR on ancillary charges that may be chargeable by Merchants to Customers on the Platform. The Merchant shall, in view of such advisories being issued to adopt best industry practices and in the interest of Merchants and Customers, endeavour to adhere to such advisories swiftly.
   
   
9. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between FASTOR and the Merchants and related purposes, including for publishing on the Platform.


10. Notwithstanding these terms and conditions of Service, FASTOR reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant which includes, but is not limited to, the following instances;
    1. Buyer complaints received by FASTOR which are directly or indirectly attributable to the quality of retail products or services provided by the Merchant either through poor ratings, as defined by FASTOR, through calls placed with FASTOR or through any other means
    
    
    2. Breach of the provisions of the applicable Act and the rules and regulations, made thereunder, by Merchant;
    
    
    3. Non-adherence to FASTOR’s order schedules and timelines that has been represented for products on the FASTOR Platform;
    
    
    4. Misbehaviour with FASTOR’s representatives/personnel;
    
    
    5. Inclusion of marketing or promotional material belonging to competitors in Orders;
    
    
    6. Breach of the representations and warranties of the Merchant; or
    
    
    7. Any other material breach of the terms.
    
    FASTOR shall resume provision of Services to the Merchant at its own discretion.


11. Notwithstanding anything contained under clause VI (10) hereinabove, FASTOR has the right to immediately delist any of the retail products or services from the Platform, which is not in compliance with the applicable Act or the rules or regulations, made thereunder.


12. The Merchant acknowledges that all Services offered by FASTOR on the FASTOR Platform are non-exclusive in nature.


13. A Merchant can terminate this contract providing 15 days’ prior written notice to FASTOR. FASTOR shall delist the Merchant at the end of 15th Day. Upon termination in accordance with the terms hereof, Merchant shall only be required to service Orders already placed through FASTOR prior to such expiry or earlier termination of this agreement, and FASTOR shall be entitled to receive Service Fee for such Orders.





Your Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. FASTOR reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to FASTOR’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind the business entity to these Terms of Use. Merchant shall provide business identity documents such as PAN card, Aadhar card, GST registration document, FSSAI certificate, Business address proof. Non receipt of document by Becho24x7 will lead to deactivation of Merchant store.




Your Account and Registration Obligations

If you use the Platform, you shall be responsible for maintaining confidentiality of your login and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Platform, which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend, terminate or block you from accessing the Platform. Your registration with FASTOR as a Merchant is exclusively for your use to gain access to the Platform and is strictly not transferable.




Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.




FASTOR Partner App & Use

Merchant shall be granted access to FASTOR partner App for hand held devices and at its sole discretion FASTOR shall issue hand held device to the Merchant (with embedded partner App) and the Merchant shall:

1. ensure it has a functional tablet / mobile with the FASTOR partner App at all times in Order to (a) receive and confirm Buyer Orders and provide estimates of order delivery time or; (b) reject the Order through the Partner Application;


2. in case it declines Orders through the tablet / mobile provided however, then it shall not use alternate means (phone/ emails) to connect with the Buyer in parallel to take Orders and thereby circumventing the process;


3. execute the Orders promptly and indicate the estimated time of retail products or services packaging to process the Order delivery including updating the Order status (e.g. retail products or services etc.) through the partner App.


4. Communicate with FASTOR service operator through the phone call and/or SMS and/or email.


5. Manage real time status of item stock/inventories and digital store operations





Disclaimer

To the fullest extent permitted by law, FASTOR and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Terms of Use, the FASTOR Services and any use thereof, including, without limitation, the implied warranties of Merchant ability, fitness for a particular purpose and non-infringement. FASTOR makes no warranties or representations about the accuracy or completeness of the Platform’s or the FASTOR services’ content or the content of any other websites linked to the Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchant’s access to and use of the Platform and the FASTOR services, (c) any unauthorized access to or use of FASTOR servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform or otherwise with respect to the FASTOR Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform or the FASTOR services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform or the FASTOR services. FASTOR disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchant, any malfunction or error on FASTOR by the Merchant including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided. FASTOR disclaims and all liability that may arise due to any violation of the applicable Act and rules and regulations made thereunder and such liability shall be attributable to the Merchant.




Confidentiality

Each Party agrees that during the course of these Terms of Use, information that is confidential and of substantial value to the other Party may be disclosed to the other Party. Such information may include, but is not limited to, unpublished software code, technical processes, product designs, financial information, business plans, or material related to advertising or marketing. All such information shall be confidential and shall be kept confidential by both Parties throughout the Term and for a period of 2 years thereafter.




Intellectual Property

1. Each Party owns all right, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Terms of Use does not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Terms of Use. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.


2. FASTOR respects third party intellectual property rights and has put in place a ‘IP Notice and Take Down Policy’ so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as such intellectual property violations erode Buyer and good Merchant trust.


3. Only the intellectual property rights owner can report potentially infringing products or listings through ‘Take Down Policy’ by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.


(Note: FASTOR does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, FASTOR is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to FASTOR.)


Indemnity

You agree to defend, indemnify and hold harmless FASTOR, its affiliates and its and their respective officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to the Orders, services or offers supplied by the you, or arising out of or relating to your content listed on the Platform.




Limitation of Liability

For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. FASTOR does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, FASTOR shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, FASTOR will use its best endeavours to ensure that the unintentional operational errors do not occur, FASTOR cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, FASTOR’s aggregate liability under this Agreement and respective Terms of Use shall not exceed the total value of a Disputed Order.




No Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Terms of Use or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.




Relationship

The Parties agree that nothing in this Terms of Use shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees. FASTOR is, and shall remain an independent contractor with respect to their performance hereunder and shall have no right or authority to assume or create any obligation, express or implied on behalf of the Merchant and vice versa.




Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Delhi and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Delhi shall have exclusive jurisdiction.




Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.




Notice

All notices under these Terms of Use shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; FASTOR7 Technology LLP to its Regd. Office in Delhi (India). Time: 10 AM to 6 PM from Monday to Friday If the Merchant notices any discrepancy in the Settlement of Collections, the Merchant may raise a ticket by writing an email to support@FASTOR.AI and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.




PAYMENT TERMS

1. DEFINITIONS
   1. The term “Gross Value” shall mean the aggregate of the following as stored in FASTOR’s database (i) the items included in each Order as calculated on the basis of the price, rates and features of items listed in the catalogue; (ii) the packaging charges, if any and (iii) GST and other such taxes as applicable.
   
   
   2. The term “Net Value” shall mean the System Value excluding GST and such other taxes that may be applicable.
   
   
   3. The term “Service Fee” shall mean and include: “Platform Service Fee”, means the fee for Platform Services provided by FASTOR and shall include listing fee and technology fee;
   
   
   4. The term “Successfully Delivered Order” shall mean Orders for which payment Collections have been made.
   
   
   5. The term “Disputed Order/s” shall mean those Orders for which Buyers have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the products, undelivered Orders, discrepancy in the product delivered which is not in accordance with the Order placed and/or those Orders for which Buyer requests for a replacement. Such event FASTOR shall be entitled to recover from Merchant the Service Fee form the collections. It is clarified that FASTOR shall not be liable to make any payment for a Disputed Order. FASTOR shall reserve the right to recover from Merchant, the amount paid to Buyers as refund upto the Order value. (Note: In case the Buyer requests for a replacement, the Merchant shall be liable to provide the replacement of the Order free of cost and in such case FASTOR shall not charge Service Fee for the replacement Order additionally. FASTOR undertakes, on a best effort basis, to employ strong controls to prevent any misuse by the Buyer under this clause.).
   
   
   6. The term “GST” shall mean goods and service tax.
   
   
   7. The term “Other Services” shall mean the other services that are provided by FASTOR to Merchants morefully defined under Schedule of Charges.
   
   
   8. The term “Other Charges” shall mean the charges that are applicable to Merchant for Other Services specified under Schedule of Charges, which can be accessed at Here.
   
   
   9. The term “Gross Merchandise Value” (GMV)” shall mean the aggregate of the following as stored in FASTOR’s database (i) the items included in each Order as calculated on the basis of the price, rates and features of items listed in the menu before discounts, whatsoever; (ii) the packaging charges, if any and (iii) GST and other such taxes as applicable.
   
   
2. FASTOR shall charge Merchant/s Service Fee & Subscription Fee for the Services provided. The Merchant shall pay Fees to FASTOR. The Fees are subject to GST and other taxes applicable thereon at the prevailing rates.


3. FASTOR shall collect the payments against undisputed Orders from the Buyers (the “Collections”) and shall remit to the bank account of the Merchant as specified hereinabove. FASTOR shall be entitled to make the following deductions (“Deductions”) from the Collections: (i) Service Fees for the applicable Settlement Period, including Service Fees for Disputed Orders (ii) Other Charges such as Delivery, gateway, convenience fees etc. as per actuals and (iii) GST & other taxes applicable thereon at the prevailing rates, from weekly settlement remittance for the applicable Settlement Period.


4. Upon the expiry or earlier termination of the this agreement in accordance with the terms thereof, FASTOR and the Merchant shall only be required to service Orders already placed through Platform prior to such expiry or earlier termination, and FASTOR shall be entitled to deduct payments for such Orders in accordance with this Payment Terms.


5. In the event of any change to the System Value, the Merchant shall inform FASTOR of such change at least 4 working days prior to effecting such changes. The System Value will be deemed to be updated with the changes as communicated by the Merchant on the 5th working day from the date of receipt of such written communication by FASTOR. It is however clarified that for the purpose of determining the value of an Order, only the System Value, as updated in accordance with this clause, shall be considered as the final value. FASTOR shall not be liable or responsible in any way for any change in catalogue by the Merchant, except to the extent already informed by the Merchant to FASTOR in accordance with this clause.



Mode of Payment

1. Settlement of the Collections shall occur on a weekly basis (and in accordance with the payment systems and nodal account guidelines prescribed by the Reserve Bank of India) to allow for adjustments towards Disputed Orders (the “Settlement Period”) subject to deductions specified hereinabove. The Settlement Period for Delhi for Orders Serviced from Sunday to Saturday shall be on or before Wednesday of the following week. The Settlement Period for other cities for Orders serviced from Monday to Sunday shall be on or before Thursday of the following week. If the Settlement Period falls on a bank holiday, it shall be deemed to be the following working day.


2. FASTOR shall raise invoices for the Service Fees for the applicable Settlement Period, and the applicable Service Fees shall be deducted from the Collections. The balance Collections shall be remitted by FASTOR to the Merchant at the end of the Settlement Period.


3. Subscription fee with GST will be paid by you in advance. The same will be deducted on 1st day of the month through a predefined payment instruction given by you.

Terms & Conditions

Fastor Third Party Delivery Service

This document is part of the FASTOR’s MERCHANT Terms & Condition using Third Party delivery service on Fastor Technology Platform

The Platform is owned and operated by FASTOR7 Technology Private Limited, a partnership firm having its registered office at Delhi (INDIA). For the purpose of these Terms of Use, wherever the context so requires “you” or “your” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data while registering on the Platform as a registered partner using the computer systems or mobile phone or any other electronic device. The term “Becho24x7”, FASTOR, “we”, “us” or “our” shall mean FASTOR7 Technology Private Limited.

Buyer is the individual person or legal entity who/which purchases retails product & services from Merchant on FASTOR Technology platform.

FASTOR’s Third Party Delivery Services: ( herein after called as “FTPD Service”)

1. FASTOR through third party delivery platforms provides You with the following services (“FTPD Service”):
   1. The Platform allows you to connect with Delivery Partner to Pick-up and Drop-off packages from one location to the other through the Delivery Partner (“Pick-up and Drop-off Services”); and
   
   
   2. Facilitates the collection of payments for the transaction/(s) between you, buyer and Delivery Partner, at cost
   
   


2. FASTOR may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or transfer any of the FTPD Service from time to time. FASTOR does not provide any guarantee to you or buyers that the FTPD Service will be made available to you or buyers at all times & to all locations.


3. You can initiate a transaction on the Platform by which You may (through the Delivery Partner) send packages to a particular location identified by You. The Pick-up and Drop-off Services are provided to You directly by the Delivery Partner and FASTOR merely acts as a technology platform to facilitate the connection between You and the Delivery Partner. The Delivery Partner is neither an employee nor an agent or an affiliate of FASTOR. FASTOR does not assume any responsibility or liability for any form of act, omission to act, services provided, quality or deficiency of services on part of the Delivery Partner. You hereby agree and acknowledge that all actions, omissions to act, services provided, quality or deficiency in services with respect to the Pick-up and Drop-off Services is of the Delivery Partner in the Delivery Partner’s independent capacity and sole discretion.


4. Upon initiation of a request for Pick-up and Drop-off Services on the Platform, Delivery Partner/(s) around the pickup location shall be intimated in an automated manner and depending upon the availability of Delivery Partner/(s), a Delivery Partner may choose to accept Your request. The Delivery Partner shall pick up the item from a location designated by You on the Platform and drop off the Items at a particular location designated by You. While performing the Pick-up and Drop-off Services, the Delivery Partner shall act as Your agent and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location will be added by You or buyer and that such information will be used for the Pick-up and Drop-off Services. You must ensure that the details for the locations are accurate and identifiable by the Delivery Partners.


5. You agree that You shall at all times use the Platform and FTPD Service for lawful purposes. Additionally, You shall not use the Pick-up and Drop-off Services for items which are illegal, immoral, hazardous, unsafe, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of these Terms of Use.


6. You agree that before requesting a Pick-up and Drop-off Service, You are well aware of the contents of the package sent or requested by You through the Delivery Partner, and that such contents are legal and within limits of transportation/logistics under applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (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, jewellery, 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, insects, animals, 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 or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws) (all of such items, the “Restricted Items”).


7. You also agree that, upon becoming aware of the commission of an offence by You or Your intention to commit an offence upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any item(s) restricted under applicable law, the Delivery Partner may at the Delivery Partner’s sole discretion choose to take such action as the Delivery Partner deems fit including intimating law enforcement authorities about such unlawful action.


8. FASTOR does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore FASTOR shall have no liability with respect to the Items or Your use of the FTPD Service and the Pick Off and Drop Off Services. However, if it is brought to the knowledge of FASTOR through any law enforcement authority or any other third-party that You have packaged any Restricted Items or availed the Pick-up and Drop Off Services using the Platform to deliver any Restricted Items, FASTOR may at its sole discretion take appropriate actions including suspension or termination of Your Account and FTPD Service. FASTOR may also, on a request received from the law enforcement authority provide requisite details as may be requested, which may include but not be limited to details of Your organisation, Your personal details, transaction history, payment details, geo locations, logistics information, etc to such authorities.


9. If a transaction initiated by You on the Platform cannot be completed, You shall be notified on the Platform.


10. FASTOR shall use Your location based information that is captured by FASTOR through a global positioning system when You are using Your personal computer or mobile device to request a FASTOR Service on its Platform. Such location based information shall be used by FASTOR to facilitate and improve the FTPD Service being offered to You. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, the Delivery Partner may have access to such geo-location.



Merchant Information

1. You are solely responsible for and in control of the information You provide to us. Compilation of Merchant Accounts and Merchant Account bearing contact number and e-mail addresses are owned by FASTOR.


2. In a case where the Platform is unable to establish a unique identity of the Merchant against the details provided by the Merchant, the Account shall be indefinitely suspended. FASTOR reserves the full discretion to suspend a Merchant's Account in the above event and does not have the liability to share any Account information whatsoever. You shall provide the business identification documents to utilise FTPD service.



Taxes

1. You are responsible to comply with the applicable tax regulations for the transactions completed using FTPD Service including, but not limited to, compliance with Goods and Service Tax (GST), withholding taxes, if any. You agree and acknowledge that any settlement amount to be paid by Merchant for Pick-up and Drop-off Services shall not be subject to deduction of goods and service tax or withholding taxes. Such settlement is merely a pass-through amount for the Delivery Partner. Any obligation for deduction of GST or withholding taxes shall be between You and Delivery Partner. FASTOR shall make available the details of Pick-up and Dropoff Services to You to enable You to comply with Your tax obligations.


2. You further agree and acknowledge that FASTOR shall not be held responsible/liable for any compliance or non-compliance of applicable tax laws by You or the Delivery Partner.



Insurance

You agree and acknowledge that You are solely responsible for the items that You get delivered using Pick-up and Drop-off services through the Platform. FASTOR shall in no manner be responsible for any loss, theft or damage. However, Merchant may at its sole discretion avail insurance directly from a third-party insurance provider. FASTOR disclaims any and all liability for any loss, theft or damage caused to the Merchant by availing the Pick-up and Drop-off Services irrespective whether Merchant chooses to avail an insurance or not.




Rating

1. You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the Merchant with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner).


2. FASTOR and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of FASTOR and its affiliates without attribution to or approval of Merchant and You hereby consent to the same. FASTOR and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or FASTOR’s or its affiliates’ content policies.



PART B: SPECIFIC TERMS FOR FTPD SERVICE

Cancellation



1. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that You may not be allowed to cancel a transaction initiated on the Platform for which the Delivery Partner has reached the pick-up location.


2. The transaction initiated by You on the Platform may be cancelled, if:
   1. Information, instructions and authorisations provided by You (including the details of Pick-up and Drop-off location) is not complete or sufficient for Delivery Partner to execute the transaction initiated by You.
   
   
   2. If a Delivery Partner is not available to perform the services, as may be requested.
   
   
   3. If the transaction cannot be completed for reasons not in control of FASTOR including any technological glitch.
   
   

Eligibility to Use

1. FASTOR reserves the right to refuse access to the Platform, at any time to new Merchant or to terminate or suspend access granted to existing Merchant at any time without according any reasons for doing so.


2. Unless otherwise permitted by FASTOR, You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.



User Account, Password, and Security

In order to use the Platform and avail the FTPD Service, You will have to register on the Platform in a manner as contained in the Clause 2 herein (“Account”). You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify FASTOR of any unauthorized use of Your Account information or any other breach of security. FASTOR cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by FASTOR or any other visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another Merchant’s Account information for using the Platform is expressly prohibited.




Representations and Warranties

1. Each party hereby represents and warrants that: (a) it has full power and authority to enter into these Terms of Use and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any terms that would prevent it from complying with or performing under these Terms of Use (in your case, including without limitation, any exclusive terms with any third parties for the pick and drop off services via a technology platform); and (d) the content, media and other materials used or provided as part of these Terms of Use shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.


2. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines; (iii) on obtaining and maintaining throughout the Term any and all valid license, approvals, registrations, no objection certificates and in compliance with any law that may be specifically applicable to the business being carried out by Merchant and/or for use of the Platform or FTPD Service by Merchant. You agree not to engage in activities that may adversely affect the use of the Platform by FASTOR or Delivery Partner(s) or other merchants.


3. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the FTPD Service.


4. You represent and warrant that You are legally authorised to view and access the Platform and avail the FTPD Service.


5. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by FASTOR. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any FASTOR Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.



Intellectual Property Rights

1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by FASTOR (“FASTOR Property”) and the design, structure, selection, coordination, expression, look and feel and arrangement of such FASTOR Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use FASTOR Property without the prior written consent of FASTOR.


2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of FASTOR, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of FASTOR or such third party as may be applicable.



Disclaimer of Warranties & Liabilities


You expressly understand and agree that, to the maximum extent permitted by applicable law:


1. The Platform, FASTOR Property and FTPD Service are provided by FASTOR on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, FASTOR makes no warranty that (i) the Platform, FTPD Service will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from FASTOR shall create any warranty not expressly stated in these Terms of Use.


2. FASTOR will have no liability related to any Merchant content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. FASTOR also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Merchant content.


3. FASTOR will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.


4. FASTOR shall not be responsible for the delay or inability to use the Platform, FTPD Service or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, FASTOR shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond FASTOR's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.


5. FASTOR shall not be liable for any damages, loss, cost, expense of any kind arising from Your use of the Platform or FTPD Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification and Limitation of Liability

1. You agree to indemnify, defend and hold harmless FASTOR and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, FTPD Service, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of these Terms of Use, or Your violation of any rights of another, including any intellectual property rights.


2. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or FASTOR Property or FTPD Service on the Platform.


3. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or FTPD Service.


4. Subject to applicable laws, in no event will FASTOR or its employees aggregate liability, arising from or related to the FTPD Service or the use of the Platform shall not exceed INR 500/- (Indian Rupees five hundred Only) for any and all causes of actions brought by You or on behalf of You.


5. The Platform and the FTPD Service are only available to merchants located in India. Merchant shall not access or use the Platform from any other jurisdiction except for India. If a Merchant accesses or uses the Platform from any other jurisdiction except for India, the Merchant shall be liable to comply with all applicable laws and FASTOR shall not be liable for the same, whatsoever.



Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). FASTOR shall not be responsible for examining or evaluating such third party websites, and FASTOR does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. FASTOR does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.




Term and Termination

1. These Terms of Use will continue to apply until terminated by either You or FASTOR as set forth below. If You object to these Terms of Use or are dissatisfied with the Platform, FTPD Service, Your only recourse, subject to the clearance of all payment obligations either to FASTOR or the Delivery Partner, is to terminate Your Account on the Platform by giving a 15 days’ advance written notice to Us. FASTOR will make Your account dormant upon receipt of request in writing and payment of outstanding dues, if any. Even after your account with FASTOR is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per these Terms of Use.


2. The Company may terminate Your future access to the Platform or suspend or terminate Your Account and FTPD Service if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.


3. You hereby agree and acknowledge, upon termination, FASTOR shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.


4. You hereby further agree and acknowledge that nothing contained in this Clause 14 shall be construed as a waiver of FASTOR’s and/or Delivery Partner’s right to payment of the outstanding dues. You hereby further agree and acknowledge that on or before termination, You shall ensure that all the monies due to be paid to FASTOR and/or Delivery Partner are paid in a timely manner.



General

Amendments:

FASTOR reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. You can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.


Notice:

All notices from FASTOR will be served by email to Your registered email address or by general notification on the Platform.


Assignment:

You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. FASTOR’s rights under the Terms of Use are freely transferable by FASTOR to any third party without the requirement of informing You or seeking Your consent.


Force Majeure:

Any delay in or failure to perform any obligations by either party under these Terms of Use shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to FASTOR. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which FASTOR receives the notice from You as above, FASTOR shall have the right to terminate these Terms of Use.


No Agency:

Merchant shall not be deemed to be FASTOR’s agent, servant, or employee in any manner for any purpose whatsoever.


Severability:

If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.


Waiver:

Any failure by FASTOR to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by FASTOR of that provision or right.


Equitable Remedies:

Merchant acknowledge and agrees that monetary damages may be an inadequate remedy for breach or threatened breach of the provisions of these Terms of Use, and Merchant agrees that in the event of a breach of any provisions of these Terms of Use by the Merchant, FASTOR’s rights and obligations hereunder, in addition to any and all other rights and remedies that may be available to FASTOR in respect of such breach, shall be enforceable by specific performance, injunctive remedy or any other remedy available in any court of competent jurisdiction.


IP Infringement:

If You believe the Platform violates Your intellectual property, You must promptly notify FASTOR in writing at legal@FASTOR.in These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
1. the intellectual property that You believe is being infringed;


2. the item that You think is infringing and include sufficient information about where the material is located on the Platform;


3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;


4. Your contact details, such as Your address, telephone number, and/or email;


5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and


6. Your physical or electronic signature.





Integration:

These Terms of Use together with FASTOR’s Privacy Policy and any other legal notices, communications published by FASTOR on its Platform, and any other agreements executed between You and FASTOR shall constitute the entire agreement between you and FASTOR concerning its Platform, FASTOR Services and governs Your use of the Platform and FASTOR Service, superseding any prior agreements between You and FASTOR with respect to the Platform and FASTOR Service.

FASTOR7 Technology Private Limited

www.fastor.aisupport@fastor.ai

Merchant Terms of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.FASTOR.AI website and ‘FASTOR’ application for mobile and handheld devices.

These terms of use (the “Terms of Use”) govern your use of our website www.FASTOR.AI (the “Website”) and our ‘FASTOR’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with FASTOR and you signify your acceptance to the Terms of Use and other FASTOR policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Services, and create legally binding arrangements to abide by the same.

The Platform is owned and operated by FASTOR7 Technology Private Limited, a partnership firm having its registered office at B-6/2, Model Town-1, Delhi (INDIA). For the purpose of these Terms of Use, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data while registering on the Platform as a registered partner using the computer systems or mobile phone. The term “FASTOR”, “we”, “us” or “our” shall mean FASTOR7 Technology Private Limited.

FASTOR enables transactions between participant restaurants/merchants (you) dealing in food and beverages, and buyers (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighbourhood merchants like you, including but not limited to the restaurants and eateries dealing in food and beverages (“Merchant/s”) on the Platform and FASTOR enables executions of such Orders through its platform to the buyers at merchant’s premises. The Platform Services to Merchant & buyers are referred to as “Services”.

This Terms of Use are subject to modifications, and we reserve the right to modify or change the Terms of Use and other FASTOR policies at any time by posting changes on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and other FASTOR policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other FASTOR policies.


Use of Platform and Services

1. All commercial/contractual terms are offered by you and agreed to by the Buyers alone. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. FASTOR does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.


2. FASTOR does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users.


3. FASTOR is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. FASTOR cannot and does not guarantee that the concerned Buyers and/or Merchant will perform any transaction concluded on the Platform. FASTOR is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.


4. FASTOR is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall FASTOR hold any right, title or interest over the products nor shall FASTOR have any obligations or liabilities in respect of such contract entered into between Merchant and Buyer.


5. FASTOR is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, FASTOR shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant shall alone be liable for redressing and bound to take action on the complaints by the Buyer. FASTOR has the right to share with the Buyer, the relevant information including the Merchant details to enable satisfactory resolution of the complaint. FASTOR shall in the interest of satisfactory resolution of the Complaint, share with the Buyer, relevant information pertaining to the Order along with Merchant details.


6. Please note that there could be risks in dealing with underage persons or people acting under false pretence.


7. You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
8. 7.1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
   1. belongs to another person and which you do not have any right to;
   
   
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   
   
   3. is misleading or misrepresentative in any way;
   
   
   4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   
   
   5. harasses or advocates harassment of another person;
   
   
   6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
   
   
   7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   
   
   8. infringes upon or violates any third part’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
   
   
   9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   
   
   10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   
   
   11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
   
   
   12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   
   
   13. contains video, photographs, or images of another person (with a minor or an adult);
   
   
   14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
   
   
   15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout this Terms of Use, FASTOR’s prior written consent means a communication coming from FASTOR’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
   
   
   16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
   
   
   17. interferes with another user’s use and enjoyment of the Platform;
   
   
   18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
   
   
   19. harm minors in any way;
   
   
   20. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   
   
   21. violates any law for the time being in force;
   
   
   22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   
   
   23. impersonate another person;
   
   
   24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   
   
   25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
   
   
   26. is false, inaccurate or misleading;
   
   
   27. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers; or
   
   
   28. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
   
   
   
   
9. 7.2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.


10. 7.3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.


11. 7.4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.


12. 7.5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘FASTOR’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of FASTOR or users on platform or otherwise tarnish or dilute any of FASTOR’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or FASTOR’s systems or networks, or any systems or networks connected to FASTOR.


13. 7.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.


14. 7.7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.


15. 7.8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of FASTOR and/or others.


16. 7.9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of the (a) Information Technology Act, 2000 and the rules thereunder; (b) Food Safety and Standards Act, 2006 and the rules and regulations thereunder; (c) Legal Metrology Act 2009 and the rules thereunder; (d) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (e) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to good and service tax and/or any other taxes, custom duty, local levies), as may be applicable, regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.


17. 7.10. You shall be solely responsible for ensuring taxes are charged in accordance with applicable laws under a valid invoice. Any liability or claim that may arise in this respect shall be wholly borne by you. FASTOR expressly disclaims any liability in this regard.


18. 7.11. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tier) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.


19. 7.12. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.


20. 7.13. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, (a) we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury, and (b) we can (and you hereby expressly authorize us to) disclose any information about your transactions effected on the Platform to the state government and/or the central government authorities, including direct and indirect tax or any appropriate authority and their officials, as we, in our sole discretion, believe necessary or appropriate.


21. 7.14. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. FASTOR shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect FASTOR views. In no event shall FASTOR assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.


22. 7.15. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. FASTOR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.


23. 7.16. It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.


24. 7.17. FASTOR shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.



Terms and Conditions of Service



1. FASTOR shall perform Platform Services on best effort basis and as agreed with no liability. FASTOR provides no assurance that any Buyer will place Orders against the respective Merchant/s. The Merchant shall be solely responsible for display of the name of the restaurants and images of the items/products, which shall be listed for the Buyers to choose from.


2. FASTOR may also manage an email ID on your behalf, which shall be hosted on the FASTOR.AI domain, in order to manage customer communications and correspondence.


3. FASTOR shall determine to provide the aforesaid services within the areas as it deem fit. FASTOR reserves the right to add or remove areas to improve its Services. Merchant shall be solely responsible to reimburse and/or absolve the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchant (“Disputed Orders”), including but not limited to,
   1. Buyer’s expectations not being met or Buyer dissatisfaction with regard to the quality of items/products supplied by the Merchant;
   
   
   2. Wrong items;
   
   
   3. Missing items in the order; and
   
   
   4. Foreign object in the order.
   
   
4. FASTOR shall also provide such other services to the Merchant which shall include but not limited to, Services provided by FASTOR’s ‘Order Management Team’ by placing Orders on behalf of Buyer/s with the Merchant through phone calls (the “Call Center Service”) more fully defined under clause VI (8)(xii)(a) hereinbelow and marketing services.


5. The Merchant shall be solely responsible for reviewing information on the Platform and shall ensure that all information manifested / advertised are up to date and in accordance with applicable law. The Merchant shall update all such information and inform FASTOR about the same in accordance with these Terms of Use. FASTOR shall not be liable or responsible in any way for any change in menu provided by the Merchant.


6. The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event, shall it be the responsibility of FASTOR.


7. In the event any Merchant wants to display and offer any pre-packaged product for sale to Buyers through the Platform, the Merchant shall be liable to comply with Legal Metrology (Packaged Commodities) Rules, 2011, as amended time to time, for displaying such pre-packaged product and share with FASTOR a legible and clear image of the ‘principal display panel’ (excluding month and year in which the product is manufactured or packed) of such pre-packaged product, which shall be displayed on the Platform for the Buyers. It is clarified that FASTOR shall facilitate but do not and shall not verify the content shared by the Merchant for displaying.


8. The Merchant represents, warrants and covenants that:
   1. it shall at all times offer, sell prepared food and beverages that are best quality and fit for human consumption;
   
   
   2. it holds, at all times during the availing of Services, all licenses and/or consents necessary under all applicable statutes and regulations, The Merchant shall provide the details of its Licenses and a clear and legible image of the same shall be displayed on the Platform, if available;
   
   
   3. it shall at all times, ensure that the food and beverages, provided by the Merchant to the Buyers through FASTOR’s Platform, satisfy the requirement laid down under the FSS Act and all other statutory amendments or re-enactments, rules and regulations made thereunder that maybe for the time being in force;
   
   
   4. it shall at all times comply with hygiene and sanitary practices, and such other practices as may be applicable to its business, as prescribed under Schedule 4 of the Food Safety and Standard (Licensing and Registration of Food Businesses) Regulations, 2011;
   
   
   5. it has full power and capacity to enter into and perform its obligations under this Terms of Use and has taken all necessary corporate and other actions to authorise the execution and performance thereof, mere use of the Platform and Services will constitute valid and binding obligations on and against it, in accordance with its terms;
   
   
   6. it is the sole author of, owns or otherwise controls all content provided to FASTOR, or has been granted the right to use such content / information (including menus) from the rights holder and does not violate or infringe the rights of any third party or applicable laws;
   
   
   7. all information provided by the Merchant to FASTOR, including all information contained in the Merchant’s menu, service offerings, inclusions and exclusions is and shall at all times be true, accurate and correct and not misleading in any respect;
   
   
   8. it shall be solely liable for the quality of all its products, including all food and beverages and the packaging of the same, and shall at all times be in compliance with applicable laws;
   
   
   9. it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;
   
   
   10. it shall adhere to and comply with order delivery schedules and timelines that has been represented for products on the Platform;
   
   
   11. it shall not use alternate means (including but not limited to phone/emails/SMS) to connect with the Buyer using the Platform, to take Orders and thereby circumventing the Platform transaction;
   
   
   12. it shall ensure, at all time, its Personnel, its employees and representatives (Merchant Personnel) behave in a respectable and courteous manner with FASTOR representatives and as well as with the Buyers. Merchant Personnel shall not be rude, behave discourteously, or use foul or abusive language at any interaction. It shall at all time promptly report to FASTOR immediately, any behavioural issue by the FASTOR representatives or Buyers for suitable action;
   
   
   13. it shall process and execute the Orders promptly, correctly and within the stipulated service level timelines, as follows;
       1. In the event, that the Merchant does not confirm the Order after FASTOR has made attempt/s to call the Merchant, the Order will be deemed as cancelled by the Merchant. An intimation of such cancellation shall be sent to Merchant and such cancellation shall be treated as Merchant Cancellation and FASTOR shall reserve the right to recover Service Fee for such cancelled Order.
       
       
       2. The Takeaway items must be securely packed and kept ready in packaged condition, marked as ‘Food Ready’ Buyer shall not be required to wait beyond 2 minutes to collect such packaged items.
       
       
       3. issue valid tax invoice against each order fulfilled and a copy of such invoice issued to Buyer.
       
       
       4. it must always ensure it shall prepare the ordered items as per the Order placed by the Buyer and shall be solely responsible for all the cost and consequences, if in case of supply of wrong items. It shall be the responsibility of the Merchant to verify whether all items packed are correct and as per the Order received.
       
       
       5. it shall be solely liable for delays in the delivery of Orders and/or repeat deliveries undertaken for reasons attributable to the Merchant, and the Merchant undertakes to keep FASTOR fully and effectively indemnified against the same.
       
       
   14. it shall use / display, in accordance with FASTOR’s instructions, all the collaterals and other materials supplied by FASTOR ;
   
   
   15. it shall not use the labels, trademarks, branding or collaterals of any third-party, including but not limited to FASTOR’s direct competitors, for deliveries made using FASTOR Services;
   
   
   16. it shall share with FASTOR legible and clear images of products offered for sale to Buyers through the Platform in compliance of image guidelines as may be issued by FASTOR from time to time. The Merchant shall provide images for a minimum of 20 products, or for 40% of total products of the menu, whichever is higher, for display on the Platform. FASTOR shall facilitate photography services upon request, on chargeable basis;
   
   
   17. it shall ensure that it will at all times maintain parity in the pricing of its products offered for sale on the Platform as against its other sales channels, including but not limited to other online aggregators and its self-operated retail locations. It is clarified that, for the purposes of the present clause, product(s) shall mean and include the food or beverage item offered for sale, its quality, quantity and the packaging utilised;
   
   
   18. it shall list pre-packaged food products at a ceiling price equal to or less than the Maximum Retail Price as indicated on such product;
   
   
   19. it agrees that in the event of a Merchant’s failure to comply with clauses VI.8. (xvi) and VI.8.(xvii), and on receipt of any communication/complaint from Customers to this effect, FASTOR shall be at liberty to, on verifying the same, refund such Customer for excess amounts charged against a product(s) and deduct the same from the Merchant from future settlements; and
   
   
   20. it shall be alert to the advisories issued by FASTOR on ancillary charges that may be chargeable by Merchants to Customers on the Platform. The Merchant shall, in view of such advisories being issued to adopt best industry practices and in the interest of Merchants and Customers, endeavour to adhere to such advisories swiftly.
   
   
   
9. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between FASTOR and the Merchants and related purposes, including for publishing on the Platform.


10. Notwithstanding these terms and conditions of Service, FASTOR reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant which includes, but is not limited to, the following instances;
    
    
    1. Buyer complaints received by FASTOR which are directly or indirectly attributable to the quality of food provided by the Merchant either through poor ratings, as defined by FASTOR, through calls placed with FASTOR or through any other means
    
    
    2. Breach of the provisions of the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder, by Merchant;
    
    
    3. Non-adherence to FASTOR’s order schedules and timelines that has been represented for products on the FASTOR Platform;
    
    
    4. Misbehaviour with FASTOR’s representatives/personnel;
    
    
    5. Inclusion of marketing or promotional material belonging to competitors in Orders;
    
    
    6. Breach of the representations and warranties of the Merchant; or
    
    
    7. Any other material breach of the terms.
    
    
    FASTOR shall resume provision of Services to the Merchant at its own discretion.
    


11. Notwithstanding anything contained under clause VI (10) hereinabove, FASTOR has the right to immediately delist any of the food products from the Platform, which is not in compliance with the Food Safety and Standards Act, 2006 or the rules or regulations, made thereunder.


12. The Merchant acknowledges that all Services offered by FASTOR on the FASTOR Platform are non-exclusive in nature.


13. A Merchant can terminate this contract providing 15 days’ prior written notice to FASTOR. FASTOR shall delist the Merchant at the end of 15th Day. Upon termination in accordance with the terms hereof, Merchant shall only be required to service Orders already placed through FASTOR prior to such expiry or earlier termination of this LoE, and FASTOR shall be entitled to receive Service Fee for such Orders.


1. Your Eligibility

   The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. FASTOR reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to FASTOR’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind the business entity to these Terms of Use.



2. Your Account and Registration Obligations

   If you use the Platform, you shall be responsible for maintaining confidentiality of your login and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Platform, which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend, terminate or block you from accessing the Platform. Your registration with FASTOR as a Merchant is exclusively for your use to gain access to the Platform and is strictly not transferable.



3. Communications

   When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.




FASTOR Partner App & Use

Merchant shall be granted access to FASTOR partner App for hand held devices and at its sole discretion FASTOR shall issue hand held device to the Merchant (with embedded partner App) and the Merchant shall:

1. ensure it has a functional tablet / mobile with the FASTOR partner App at all times in Order to (a) receive and confirm Buyer Orders and provide estimates of order delivery time or; (b) reject the Order through the Partner Application;


2. in case it declines Orders through the tablet / mobile provided however, then it shall not use alternate means (phone/ emails) to connect with the Buyer in parallel to take Orders and thereby circumventing the process;


3. execute the Orders promptly and indicate the estimated time of preparation of food to process the Order delivery including updating the Order status (e.g. food prepared etc.) through the partner App.


4. Communicate with FASTOR service operator through the phone call and/or SMS.


5. Manage real time status of item stock/inventories and restaurant operations



Disclaimer

To the fullest extent permitted by law, FASTOR and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Terms of Use, the FASTOR Services and any use thereof, including, without limitation, the implied warranties of Merchant ability, fitness for a particular purpose and non-infringement. FASTOR makes no warranties or representations about the accuracy or completeness of the Platform’s or the FASTOR services’ content or the content of any other websites linked to the Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchant’s access to and use of the Platform and the FASTOR services, (c) any unauthorized access to or use of FASTOR servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform or otherwise with respect to the FASTOR Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform or the FASTOR services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform or the FASTOR services. FASTOR disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchant, any malfunction or error on FASTOR by the Merchant including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided. FASTOR disclaims and all liability that may arise due to any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder and such liability shall be attributable to the Merchant.




Confidentiality

Each Party agrees that during the course of these Terms of Use, information that is confidential and of substantial value to the other Party may be disclosed to the other Party. Such information may include, but is not limited to, unpublished software code, technical processes, product designs, financial information, business plans, or material related to advertising or marketing. All such information shall be confidential and shall be kept confidential by both Parties throughout the Term and for a period of 2 years thereafter.




Intellectual Property



1. Each Party owns all right, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Terms of Use does not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Terms of Use. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.


2. FASTOR respects third party intellectual property rights and has put in place a ‘IP Notice and Take Down Policy’ so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as such intellectual property violations erode Buyer and good Merchant trust.


3. Only the intellectual property rights owner can report potentially infringing products or listings through ‘Take Down Policy’ by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: FASTOR does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, FASTOR is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to FASTOR.)



Indemnity

You agree to defend, indemnify and hold harmless FASTOR, its affiliates and its and their respective officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to the Orders, services or offers supplied by the you, or arising out of or relating to your content listed on the Platform.




Limitation of Liability

For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. FASTOR does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, FASTOR shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, FASTOR will use its best endeavours to ensure that the unintentional operational errors do not occur, FASTOR cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, FASTOR’s aggregate liability under this Agreement and respective Terms of Use shall not exceed the total value of a Disputed Order.




No Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Terms of Use or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.




Relationship

The Parties agree that nothing in this Terms of Use shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees. FASTOR is, and shall remain an independent contractor with respect to their performance hereunder and shall have no right or authority to assume or create any obligation, express or implied on behalf of the Merchant and vice versa.




Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Delhi and the arbitration shall be conducted in English language. Subject to the foregoing, the courts at Delhi shall have exclusive jurisdiction.




Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.




Notice

All notices under these Terms of Use shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; FASTOR7 Technology Private Limited to its Regd. Office in Delhi (India). Time: 9.30 AM to 5.30 PM from Monday to Friday If the Merchant notices any discrepancy in the Settlement of Collections, the Merchant may raise a ticket by writing an email to support@FASTOR.AI and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.




PAYMENT TERMS



1. DEFINITIONS
   1. The term “Gross Value” shall mean the aggregate of the following as stored in FASTOR’s database (i) the items included in each Order as calculated on the basis of the price, rates and features of items listed in the menu ; (ii) the packaging charges, if any and (iii) GST and other such taxes as applicable.
   
   
   2. The term “Net Value” shall mean the System Value excluding GST and such other taxes that may be applicable.
   
   
   3. The term “Service Fee” shall mean and include: “Platform Service Fee”, means the fee for Platform Services provided by FASTOR and shall include listing fee and lead generation fee;
   
   
   4. The term “Successfully Delivered Order” shall mean Orders for which payment Collections have been made.
   
   
   5. The term “Disputed Order/s” shall mean those Orders for which Buyers have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchant, including but not limited to, Buyer’s expectations not being met or Buyer dissatisfaction in relation to, inter alia, the quality of the products, undelivered Orders, discrepancy in the product delivered which is not in accordance with the Order placed and/or those Orders for which Buyer requests for a replacement. Such event FASTOR shall be entitled to recover from Merchant the Service Fee form the collections. It is clarified that FASTOR shall not be liable to make any payment for a Disputed Order. FASTOR shall reserve the right to recover from Merchant, the amount paid to Buyers as refund upto the Order value. (Note: In case the Buyer requests for a replacement, the Merchant shall be liable to provide the replacement of the Order free of cost and in such case FASTOR shall not charge Service Fee for the replacement Order additionally. FASTOR undertakes, on a best effort basis, to employ strong controls to prevent any misuse by the Buyer under this clause.).
   
   
   6. The term “GST” shall mean goods and service tax.
   
   
   7. The term “Other Services” shall mean the other services that are provided by FASTOR to Merchants morefully defined under Schedule of Charges.
   
   
   8. The term “Other Charges” shall mean the charges that are applicable to Merchant for Other Services specified under Schedule of Charges, which can be accessed at Here
   
   
   9. The term “Gross Merchandise Value” (GMV)” shall mean the aggregate of the following as stored in FASTOR’s database (i) the items included in each Order as calculated on the basis of the price, rates and features of items listed in the menu before discounts, whatsoever; (ii) the packaging charges, if any and (iii) GST and other such taxes as applicable.
   
   
2. FASTOR shall charge Merchant/s Service Fee for the Services provided. The Merchant shall pay Service Fees to FASTOR as agreed between the Parties under the duly executed Letter of Engagement (“LoE”) by and between FASTOR and the Merchant/s which term shall include references to any amendments made thereto. The Service Fees are subject to GST and other taxes applicable thereon at the prevailing rates.


3. FASTOR shall collect the payments against undisputed Orders from the Buyers (the “Collections”) and shall remit to the bank account of the Merchant as specified hereinabove. FASTOR shall be entitled to make the following deductions (“Deductions”) from the Collections: (i) Service Fees for the applicable Settlement Period, including Service Fees for Disputed Orders (ii) Other Charges as per actuals and (iii) GST & other taxes applicable thereon at the prevailing rates, from weekly settlement remittance for the applicable Settlement Period.


4. Upon the expiry or earlier termination of the LoE in accordance with the terms thereof, FASTOR and the Merchant shall only be required to service Orders already placed through Platform prior to such expiry or earlier termination, and FASTOR shall be entitled to deduct payments for such Orders in accordance with this Payment Terms.


5. In the event of any change to the System Value, the Merchant shall inform FASTOR of such change at least 4 working days prior to effecting such changes. The System Value will be deemed to be updated with the changes as communicated by the Merchant on the 5th working day from the date of receipt of such written communication by FASTOR. It is however clarified that for the purpose of determining the value of an Order, only the System Value, as updated in accordance with this clause, shall be considered as the final value. FASTOR shall not be liable or responsible in any way for any change in menus by the Merchant, except to the extent already informed by the Merchant to FASTOR in accordance with this clause.



Mode of Payment

1. Settlement of the Collections shall occur on a weekly basis (and in accordance with the payment systems and nodal account guidelines prescribed by the Reserve Bank of India) to allow for adjustments towards Disputed Orders (the “Settlement Period”) subject to deductions specified hereinabove. The Settlement Period for Delhi for Orders Serviced from Sunday to Saturday shall be on or before Wednesday of the following week. The Settlement Period for other cities for Orders serviced from Monday to Sunday shall be on or before Thursday of the following week. If the Settlement Period falls on a bank holiday, it shall be deemed to be the following working day.


2. FASTOR shall raise invoices for the Service Fees for the applicable Settlement Period, and the applicable Service Fees shall be deducted from the Collections. The balance Collections shall be remitted by FASTOR to the Merchant at the end of the Settlement Period.