Favcore User Terms and Conditiaons
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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.Favcore.com] ("Website"), the related mobile site and mobile application (hereinafter referred to as "Platform").
The Platform is owned by Favcore Tech Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 69/366 Sector 6 Mansarovar 302020 Jaipur, Rajasthan (hereinafter referred to as "Favcore").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with Favcore Tech Private Limited and these terms and conditions including the policies constitute your binding obligations, with Favcore.
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1. Introduction and Acceptance
Welcome to Favcore. These Terms and Conditions ("Terms") govern your use of the website, mobile application, and other services provided by Favcore.
By Agreeing to These Terms: By using Favcore's services, you fully accept and agree to these Terms. If you do not agree with any part of these Terms, please do not use our services.
Changes to Terms: Favcore reserves the right to modify these Terms at any time. Changes will be posted on our website or app. It is your responsibility to review these Terms regularly. Your continued use of the services after changes implies your acceptance of the revised Terms.
Read the Terms of Use Carefully: Accessing, Browse or otherwise using the site indicates your agreement to all the terms and conditions under these Terms of Use, so please read the Terms of Use carefully before proceeding.
Acceptance of Favcore Policies: By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Favcore Policies (including but not limited to Privacy Policy as amended from time to time).
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2. Description of Services Provided by Favcore
Favcore is a comprehensive online platform that facilitates a connection between users and various independent vendors/service providers. We provide you access to the following services:
Product Purchase: Favcore facilitates the purchase of a wide range of products from various vendors/shops (e.g., grocery stores, restaurants, electronics stores, clothing shops, appliance sellers). This includes products across different categories.
Parcel Delivery Services: We also provide facilities for users to avail of delivery services to send and receive parcels from one location to another. It is clarified that Favcore will not be responsible for any product given for parcel delivery. Therefore, please send only essential items through parcels and do not send any valuable items. Favcore will not be responsible for any loss, damage, or any other harm to any parceled product; it should be sent at your own discretion.
Vehicle Rental: Vehicle rental facilities are also made available through the Favcore Platform, allowing users to rent vehicles according to their needs. It is clarified that vehicle rental services will always be with a driver.
Favcore is a platform that users can utilize to reach a larger base to buy and sell products or services.
Favcore 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 seller and the buyer. Favcore shall at no time hold any right, title or interest over the products nor shall Favcore have any obligations or liabilities in respect of such contract. Favcore is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Favcore does not take possession of any of the products or services provided by sellers at any time during any transaction between a buyer and a seller nor does it gain any title in or over the products or services offered by the seller to the buyer at any point of time.
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3. User Account and Registration
Account Creation: To use the Platform, you may be required to create an account.
Registration Obligations: If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password.
Accurate Information: You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.
Primary Identifier: Your mobile phone number and/or e-mail address are treated as your primary identifier on the Platform.
Keeping Information Updated: It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times.
Account Security: You must maintain the confidentiality of Account Information and are responsible for all activities that occur under your account. You agree to not share your Account Login Details, i.e., username and password, with any other person, failing which it shall be considered a violation of these Terms of Use.
Notification of Security Breach: You agree that: (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify Favcore of any unauthorized use of your account.
Age Restrictions and Membership Eligibility: Transactions on the Platform are 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 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 may use the Platform or access content on the Platform only under the supervision and prior consent/permission of a parent or legal guardian. Favcore reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Favcore's notice or if it is discovered that your age is under 18 years and you are transacting on the Platform.
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4. Booking and Payment
Booking Confirmation: Parcel bookings will only be considered confirmed when the customer receives a confirmation message or email from the company, which will include the booking ID, estimated pickup/delivery time, and cost.
Payment Process: While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage directly or indirectly arising to you.
Payment: Customers may be required to make full or partial payment at the time of booking, or at the time of pickup by the delivery partner. Services must be paid for in full in advance.
Cash on Delivery (COD): If Cash on Delivery (COD) option is available, the recipient must make payment at the time of delivery. If the recipient refuses to pay, the parcel will be returned to the sender and return charges may apply.
Pricing: Charges will be determined based on the parcel's weight, size, distance, and delivery speed (standard, express).
Additional Charges: Additional charges such as toll taxes, parking fees, inter-state taxes, or for extended waiting periods may apply, which are often to be paid directly by the customer to the driver. Waiting charges may also apply at the pickup/delivery location.
Payment Methods: All valid credit/debit/cash cards/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective issuing bank.
Currency: All payments against the purchases/services made by you on the Platform shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions in respect of any other form of currency with respect to the purchases made on Platform.
PAN Card Requirement: As per the requirement of applicable law, if the customer makes a purchase of INR 2,00,000.00/- or above, the customer will be required to upload a scanned copy of his/her PAN Card on the Platform within 4 days of making the purchase, failing which, the said purchase by the customer will be canceled.
Platform Fees: Favcore may charge a nominal fee for Browse and buying on the Platform. Favcore reserves the right to change its Fee Policy from time to time. This fee is levied by Favcore to maintain the efficient operation and continuous improvement of the Platform, ensuring a hassle-free app experience.
Platform Fees Refund:
• If the order is lost or not delivered to the preferred location, the full order amount, including the platform fee, will be refunded if paid online.
• If a customer partially cancels an order or returns part of an order, the platform fee will be refunded as allocated on the returned/canceled items.
• Full order cancellation will lead to a refund of the platform fee.
Order Fulfillment and Delivery: Your purchases on Favcore involve fulfillment and delivery services. Upon order confirmation, the company aims to facilitate the delivery of your products within the timeframe specified through the Platform. We shall not be liable for any delays in the delivery of orders. The Estimated Time of Arrival (ETA) is displayed on the app's homepage before placing the order, allowing you to make informed purchase decisions.
Additional Delivery Charges: Additional delivery charges may apply based on factors such as severe weather, peak hours, periods of high demand, late-night deliveries, packing and handling, platform maintenance, or fulfilling small orders. These charges will be transparently displayed in the "Basket or Cart" section before placing the order.
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5. Travel Rules & Responsibilities
Route: The driver will usually follow the shortest or fastest route. Customers can suggest a specific route if they wish, but this may change the fare.
Overcharging: If the driver demands more than the fare shown in the app or asks for any unnecessary charges, it is advisable to contact customer service immediately.
Luggage: There may be limits on the amount and type of luggage that can be carried in the vehicle. Excessive or oversized luggage may incur additional charges. Carrying illegal or dangerous items is not permitted.
Cleanliness and Damage: Customers are expected to keep the vehicle clean. If the vehicle incurs any damage due to the customer (e.g., torn seats, excessive dirt), repair or cleaning charges may apply.
Conduct: Indecent or inappropriate behavior inside the vehicle is not permitted. Disruptive behavior under the influence of alcohol may result in service cancellation.
Smoking/Eating: Smoking or eating inside the vehicle is generally not allowed.
Driver & Vehicle
Driver Information: Upon booking confirmation, you will be provided with the driver's name, contact number, and vehicle details (license plate).
Safety: Service providers generally conduct background checks on drivers, but it is still advisable to report any unusual behavior.
Vehicle Condition: The vehicle should be in good working condition. If there is any problem with the vehicle, you can contact customer service.
Waiting Charges
Free Waiting: A certain period (e.g., 5-10 minutes) of waiting time at pickup is free of charge.
Additional Waiting Charges: After that period, additional waiting charges will be applied per minute or per fixed time segment (e.g., 15 minutes).
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6. User Obligations
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
Non-Permitted Content: You shall not host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• is misleading in any way;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• infringes upon or violates any third party'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];
• promotes an illegal or unauthorized copy of another person's copyrighted work;
• contains restricted or password-only access pages, or hidden pages or images;
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons;
• contains video, photographs, or images of another person (minor or adult).
Unauthorized Access: 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 Favcore server, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
No Misuse of Platform: You shall not use the Platform or any Content 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 which infringes the rights of Favcore and/or others.
No Negative Comments: You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name Favcore, or otherwise engage in any conduct or action that might tarnish the image or reputation of Favcore or sellers on Platform.
Dealing with Delivery Partners: You shall not abuse or use any kind of abusive language or cause any kind of physical or other harm to Favcore's delivery partners (Fav Driver or any delivery partner of a logistics company that delivers products for Favcore). If you have any issues related to the order or the delivery partner, you can immediately contact Favcore's customer service number and/or communicate through other available communication channels to express your concerns, which Favcore will try to resolve as soon as possible.
Compliance with Laws: You shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations) and International Laws, Statutes, Ordinances and Regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
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7. Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), on the Platform is a third party user generated content and Favcore has no control over such third party user generated content as Favcore is an intermediary for the purposes of these Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Favcore's express prior written consent.
You agree that any content you post can be used by us in accordance with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Some Content May Not Be Suitable for All Audiences: Certain content provided on Favcore may not be suitable for all audiences and therefore viewer discretion is advised.
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8. Privacy Policy
We view protection of your privacy as a very important principle.
We store and process your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under.
Our current Privacy Policy is available at https://favcore.com/html-page?page=privacy-policy. If you object to your information being transferred or used in this way please do not use the Platform.
We may share your personal information to our other corporate entities and affiliates.
We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
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9. Disclaimer of Warranties and Limitation of Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied, except otherwise specified in writing.
Favcore does not warrant that: This Platform will be constantly available, or available at all; or the information on this Platform is complete, true, accurate or non-misleading.
Favcore will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Favcore is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Favcore does not guarantee the identity of any user nor does it ensure that a buyer or seller will complete a transaction.
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10. Indemnity
You agree to defend, indemnify and hold harmless Favcore, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including attorney's fees) arising out of or in connection with your breach of these Terms or your use of Favcore's services.
You agree to indemnify and keep indemnified Favcore.com and any future buyer of the Device from and against any and all third party claims, demands, costs, expenses including attorney fees, that Favcore.com, its affiliates or any future buyer may suffer or incur due to your use of the Device till date, and you undertake to complete the same.
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11. Dispute Resolution
Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India. The courts in Jaipur, Rajasthan shall have exclusive jurisdiction to resolve disputes.
Contacting Sellers: At Favcore, we are committed to ensuring that disputes between sellers and buyers are resolved amicably through the dispute resolution mechanisms and procedures outlined above. However, should a buyer wish to contact a seller, they can do so by accessing the seller-related information made available by the seller on their product listing pages. Alternatively, buyers can also contact customer support at 9057406021 or access the help center at: https://www.Favcore.com/helpcentre.
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12. Termination
Favcore, in its sole discretion, may terminate, suspend, limit, or restrict your access to or use of the Platform and/or Services, immediately, without prior notice or liability, at any time, if Favcore in its sole discretion, determines that You have: (a) breached these Terms or Privacy Policy; or (b) violated any applicable law, rule, or regulation; or (c) engaged in any inappropriate or unlawful conduct; or (d) provided any false or inaccurate information; or (e) for any other reason Favcore in its sole discretion deems appropriate.
You may terminate these Terms at any time by closing your Favcore account.
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13. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between Favcore and you regarding your use of Favcore's services.
No Waiver: Favcore's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.
Severability: If any provision of these Terms is found to be invalid or unenforceable for any reason, that provision will be severed from the remaining Terms, and the remaining provisions will remain in full force and effect.
Communications: When you use the Platform or send emails or 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 and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.
Contact Information: If you have any questions about these Terms, please contact us at [Your Contact Email ID or Customer Service Link].
Favcore Seller Terms and Conditions
These terms and conditions ("Agreement" or "Terms") govern the relationship between Favcore Tech Private Limited ("Favcore," "Platform," "we," or "our") and any individual or entity ("seller," "you," or "your") who registers to sell products or services on the Favcore Platform. Favcore operates an online platform through its website www.favcore.com, the user-oriented mobile application Favcore, and the dedicated seller mobile application "Fav Vendor" (accessible via the seller panel link: https://app.favcore.com/login/vendor).
Please note: Throughout these terms and conditions, the terms "seller" and "vendor" are used interchangeably to refer to the individual or entity selling products or services on the Favcore Platform.
By registering as a seller and using the Favcore Platform, you agree to be bound by these terms and conditions.
Favcore is an online platform where sellers list their products for direct sale to retail customers. Deliveries are facilitated through Favcore delivery partners or other shipping partners. Only Favcore delivery partners are referred to as "Fav Drivers" on the portal, who use the "Fav Driver" application. Favcore charges commissions from sellers on sales, similar to other e-commerce platforms.
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1. Seller Registration and Account
Eligibility:
• The platform can only be used by individuals who can form legally binding contracts under the Indian Contract Act, 1872. Persons 'incompetent to contract' within the meaning of the Indian Contract Act, 1872, including minors (under 18 years of age), undischarged insolvents, etc., are not eligible to use the Platform.
• If you register as a business entity, you represent that you are duly authorized by the business entity to accept the Terms and to bind the business entity to the Terms.
• Sellers must not be prohibited from using the Favcore Platform or selling their products/services under any applicable law.
• All sellers on Favcore are considered Retailers and are engaged in retail sales directly to end-users.
Account Creation:
• Sellers are required to provide accurate, complete, and current information during registration, including but not limited to:
o Full name of the seller
o Full address of the seller
o Full contact details of the seller (phone number, email address)
o Details of the seller's grievance officer for consumer complaints
o Bank account details for payments (account holder name, account number, IFSC code), including a cancelled cheque.
o PAN (Permanent Account Number) and GSTIN (Goods and Services Tax Identification Number).
o FSSAI (Food Safety and Standards Authority of India) and other business licenses in case of food businesses or restaurants.
o Pincode
o Pick-up address
o Registered address - main geographical address of the headquarters and all branches
o Legal name, display legal name / trade name
o Contractual information (SLA)
o You agree that you have the necessary licenses and permits required for selling on the platform, which will include, but not be limited to, licenses as required by all applicable laws.
Account Security:
• You are solely responsible for maintaining the confidentiality of your account login credentials (username and password).
• You agree to immediately notify Favcore of any unauthorized use of your account or any other breach of security.
• If you provide access to the seller panel to any of your employees or representatives, all activities and actions undertaken by that employee or representative shall be the sole responsibility of you (the seller).
• Favcore will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Accuracy of Information:
• You represent and warrant that all information provided to Favcore, now and in the future, is and will remain accurate, true, and complete.
• You agree to promptly update your account information if any changes occur.
• If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Favcore has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Favcore shall have the right to suspend or terminate your account or indefinitely block your access to the Platform.
Registration Fees:
• Registration as a seller on Favcore is currently free. Favcore reserves the right to impose registration fees in the future, which will be communicated in due course.
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2. Product/Service Listing and Content
Listing Guidelines:
• Sellers must create clear, accurate, and truthful descriptions of their products or services.
• Listings must include accurate pricing, product specifications, and any relevant terms (e.g., warranty, product-specific return policy).
• High-quality images for the product/service must be used.
• All products and services must comply with legal metrology laws and Indian labelling requirements.
• Sellers are solely responsible for the content posted or transmitted by them on the Platform.
Product/Service Categories: Favcore facilitates the sale of various retail products and services, including but not limited to:
• Grocery: All grocery items sold by grocery sellers.
• Food: All food items from restaurants, cafes, etc. (sellers must comply with FSSAI regulations).
• Vehicle Rental Service: Bikes, cars, and other vehicles, where charges may be based on hourly rates, distance travelled, or duration. Vehicle rental services will generally be with a driver. If the vendor rents out a vehicle without a driver, then in this case, the entire responsibility, including vehicle maintenance, insurance, and all legal liabilities, will rest solely with the vendor. The vendor will comply with all Indian laws related to vehicle rental.
• Shops: A wide range of retail items such as electronics, appliances, clothing, and other general merchandise.
Prohibited Items/Services:
• Sellers may not sell alcohol, tobacco products, medicinal drugs, weapons, or any product/service restricted or prohibited by Indian government laws.
• Agricultural intoxicating products that are restricted by government laws are also prohibited.
• You shall not host, display, upload, modify, publish, transmit, update, or share any information or image that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful.
• Content that infringes intellectual property rights, promotes illegal activities, holds unauthorized personal information, or threatens the unity, integrity, defense, security, or sovereignty of India is strictly forbidden.
Intellectual Property:
• Sellers represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to use all content (images, text, trademarks) submitted for their listings.
• You agree not to infringe on any third-party intellectual property rights.
• You grant Favcore a non-exclusive, worldwide, perpetual, royalty-free, and sub-licensable right to use the content provided by you for promotional and advertising purposes.
Pricing:
• Sellers are solely responsible for setting and maintaining their prices, including any applicable taxes.
• Prices must be clearly displayed and honor the price listed at the time of purchase.
• Favcore is not responsible for pricing errors due to technical issues, typographical errors, or incorrect product information published by the seller, and the seller may cancel such orders.
Availability:
• Sellers should only list products or services that are currently available and can be fulfilled within the stated timeframe.
• You are responsible for managing inventory and updating availability promptly.
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3. Orders, Fulfillment, and Customer Service
Order Acceptance and Fulfillment:
• Sellers are obligated to fulfil orders promptly once accepted.
• Favcore facilitates logistics services through its logistics partners or delivery boys (Fav Drivers). The seller, at their discretion, may route shipments through these partners.
• Favcore may delay communicating payment confirmation or withhold transaction values if it considers the transaction suspicious or to ensure security in cases of high transaction volumes.
Returns, Refunds, and Cancellations:
• If a product is damaged or unusable by the customer, the customer should inspect it immediately and inform Favcore for necessary action.
• However, the sole and primary responsibility for issuing correct and complete invoices remains with the seller.
• Favcore is not responsible if a customer is unable to avail input tax credit or is denied it for any reason. The seller is solely liable for all compliances.
Order Cancellation Due to Seller Fault:
• If an order is cancelled due to the seller's fault, such as defective items, sending the wrong product, incorrect color, or any significant point indicated by the customer for the product that the seller did not address, then in such cases, the delivery charges and shipping charges for all orders will be borne by the seller.
• Additionally, a penalty may be imposed by Favcore on such a seller, as determined by Favcore, which can be up to a maximum equivalent to the commission being charged by Favcore.
Customer Complaints: You grant Favcore the power and authority to address customer complaints on your behalf regarding products sold by you.
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4. Fees and Payment
Commission Structure:
• Favcore charges commissions from sellers on all sales made through the Platform. The specific commission rate will be communicated to the seller.
Subscription Packages:
• Favcore will offer its services to sellers through subscription packages.
• Different subscription packages may be available for various services or features.
• The charges for each subscription package will vary, determined by the services or features provided.
• Sellers can select the appropriate subscription package according to their needs.
Payment Schedule:
• Favcore will make payments to the bank account provided by the seller during the Favcore seller registration process. Once Favcore makes payment to such bank account, Favcore shall be discharged of any/all liabilities towards the seller.
• Favcore may offer express remittance to eligible sellers as per the Payment Settlement Policy, subject to RBI Intermediary Guidelines. This is a privilege, not a right, and may be withdrawn for violations.
Taxes:
• Sellers are solely responsible for all applicable taxes, including GST, income tax, and other local levies.
• Favcore will withhold taxes applicable under Section 194-O of the Income Tax Act, 1961, on the sale of goods or provision of services on the Platform.
• If a seller provides a zero/lower deduction certificate (LDC), Favcore will deduct taxes at the specified rates. The seller is responsible for notifying Favcore of any amendments to the LDC.
• Sellers are responsible for collecting applicable taxes (TCS) on sales made to buyers.
• Favcore is not responsible for verifying the correctness of the GSTIN or entity name provided by the seller.
Payment Methods (for Customers): Favcore may offer prepaid instruments as payment options for transactions. Sellers on the Platform shall accept this prepaid instrument as a payment instrument.
Disputes (Chargebacks): In the event of any chargeback imposed by a bank, Favcore has the right to deduct such chargeback from the seller's remittance. The seller's sole recourse shall be to discuss and resolve it with the bank. The seller agrees to fully cooperate in resolving chargeback disputes.
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5. Service Level Agreements (SLA) and Performance Metrics
Favcore endeavors to maintain the following service levels and performance metrics for sellers on the Platform:
Platform Availability:
• Favcore's platform aims to maintain a monthly 99.5% uptime. This availability may exclude downtime caused by scheduled maintenance or factors beyond Favcore's control (e.g., internet outages, natural disasters, or third-party service failures).
• Favcore will attempt to provide reasonable advance notice to sellers for scheduled maintenance, minimizing potential disruptions.
Customer Support and Response Times:
• Favcore aims to provide an initial response within 24 business hours for seller support requests (received via email or ticket system).
• For critical issues, Favcore will strive to provide prompt resolution, maintaining communication intervals based on the situation.
Payment Settlement Timelines:
• Following successful order delivery and customer confirmation, Favcore will endeavor to process eligible payments to the seller's account within 3 to 7 business days, or upon receipt of a valid withdrawal request from the seller, whichever is earlier. The exact payment cycle will be communicated at the time of seller registration and will remain available on the seller panel.
• The amount shown in the seller's wallet and the amount directly paid to the seller may differ. The reason for this is that the amount in the seller's wallet will not include mention of TCS (Tax Collected at Source) or any other deductions made by Favcore at the time of payment. A report of these deductions will be made available by Favcore upon request from the seller.
• For any delays or discrepancies, the seller should contact the Favcore support team.
Order Pickup and Delivery Metrics (for Logistics provided by Favcore):
• Where the seller utilizes Favcore's logistics partners (Fav Drivers), Favcore will strive to maintain reasonable average timeframes for order pickup and delivery by drivers. These metrics may vary based on location, product type, and external factors (e.g., traffic, weather).
Consequences of Non-Compliance (on Favcore's part):
• While Favcore will make every effort to meet the above service levels, it is acknowledged that unavoidable circumstances may occur.
• In cases of repeated or severe service level failures by Favcore, sellers can raise their concerns through customer support. Favcore will review each case on its merits and attempt to find a resolution in good faith. This clause limits Favcore's liability in any circumstances to the commission amount paid by the seller for the use of the Platform, not exceeding the average monthly commission amount paid in the last three months.
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6. Seller Performance and Compliance
Compliance with Laws:
• The seller acknowledges compliance with all applicable laws and will sign declarations as stipulated in the Terms.
• Sellers must comply with all local, state, and national laws, including but not limited to the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020, the Legal Metrology Act, 2009, the Foreign Exchange Management Act, the Prevention of Money Laundering Act, and the Income Tax Act.
• Sellers must not mislead consumers with false reviews or provide defective, deficient, adulterated, fake products or services, or make delayed deliveries.
Data Security:
• If the seller processes any personal information obtained from Favcore, the seller agrees to comply with applicable data protection laws, maintain strict confidentiality, and process information only for obligations under these Terms.
• If the seller provides personal information to Favcore, the seller warrants that such information was lawfully collected.
Breach of Terms:
• Favcore reserves the right to suspend, terminate, or indefinitely block access to the seller's account if any information provided is untrue, inaccurate, incomplete, or if there are reasonable grounds to suspect such information.
• Favcore may take action and claim damages due to the seller's involvement in DoS/DDoS attacks.
• Favcore has the right to remove any content that violates applicable law or the Terms.
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7. Disclaimers and Limitation of Liability
Platform "As Is": The Platform is provided on an "as is" basis. Favcore provides marketplace platform technology and related services.
No Control Over Transactions: Favcore is not and cannot be a party to or control any transaction or dispute between sellers and buyers. Favcore does not determine, advise, or control the commercial/contractual terms between sellers and buyers.
No Warranties: Favcore makes no representation or warranty regarding the specifics (such as quality, price, and merchantability) of the products or services listed.
Third-Party Content: Favcore takes no responsibility or liability for user-generated content by third parties.
Limitation of Liability: Favcore will not be liable for any losses, interests, claims, etc., arising from not processing any transaction or any delay beyond its control. You release and indemnify Favcore and/or its officers and representatives from any cost, damage, or liability resulting from the actions of Platform users. Favcore is not responsible for the non-performance or breach of any contract between you and buyers.
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8. Indemnity
• You agree to indemnify and hold harmless Favcore and the seller from any losses, claims, costs, expenses, suits, proceedings, or any other liabilities arising from or related to (1) the GSTIN and/or entity name provided by you or your claim of input tax credit or your use or misuse of the GST invoice and (2) your non-compliance with applicable laws or (3) your use or misuse of any third-party details including GSTIN.
• You agree to indemnify Favcore for any breach of undertakings related to legal compliance and product authenticity.
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9. Termination and Account Deactivation
Termination by Favcore: Favcore reserves the right to terminate your registration and/or deny you access to the Platform. Favcore may terminate or block a seller account for violations. Favcore has the right not to allow commercial purchases on the Platform if fraudulent activity is identified.
Account Deactivation by Seller: If a seller requests account closure, the account will be on hold for 90 days to ensure smooth transaction closure. After 90 days, the seller must confirm they have downloaded reports and request deactivation again. Upon confirmation, the account will be deactivated, provided there are no outstanding payments. Certain information (registered mobile number, email ID, GSTIN, transaction information) will be retained for audit purposes and to prevent fraud. If a seller wishes to resume business, the old account can be reinstated.
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10. Governing Law and Dispute Resolution
The courts in Jaipur shall have exclusive jurisdiction on any matters set forth herein, and this will be governed by the laws of the Republic of India.
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11. General Provisions
Changes to Terms: Favcore reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time. Favcore will inform you of material changes. Your continued use of the Platform after changes signifies acceptance.
Communications: When you use the Platform or communicate with Favcore, you consent to receive communications electronically.
Platform for Communication: The Platform is a means for users to meet and interact freely. Favcore provides a forum for communication, and the contract of sale is strictly bilateral between the seller and the buyer.
Entire Agreement: These Terms, along with Favcore's policies and notices, constitute your binding obligations towards Favcore.
Severability: If any part of the Terms is found invalid, the rest shall remain in effect.
Terms & Conditions for Fav Driver Agreement
This Agreement is effective from [Effective Date of Agreement] between Favcore ("Company") and the Driver ("Partner"). This Agreement sets forth the terms and conditions under which the Partner will provide delivery services to customers through the Company's platform (via the Fav Driver App).
1. Introduction & Relationship
1.1. Independent Contractor: The Partner acknowledges and agrees that they are not an employee of the Company, but an independent contractor. The Partner will provide their services at their discretion and convenience, and the Company will not control the Partner's working hours or methods.
1.2. Non-Exclusivity: This Agreement does not restrict the Partner from providing services to entities other than the Company.
1.3. Amendments: The Company reserves the right to amend these terms and conditions from time to time. The Partner will be notified of changes, and continued use of the platform will be deemed acceptance of the modified terms.
1.4. Acceptance by App Usage: The Partner acknowledges and agrees that merely using the Fav Driver App signifies entry into this Agreement, and they are bound to abide by all terms and conditions stated herein, even if they have not physically signed the Agreement.
1.5. Applicability to Vehicle Rental Services: If the Partner also provides services under the Company's vehicle rental module, all terms and conditions outlined in this Agreement will also apply to those services.
2. Registration & Eligibility
2.1. Eligibility: The Partner must be at least 18 years of age and legally eligible to work in India.
2.2. Documents: The Partner must provide all valid and updated documents required by the Company (e.g., driving license, vehicle registration certificate, vehicle insurance, Aadhaar card, PAN card, bank account details, etc.).
2.3. Background Check: The Partner consents to background checks and periodic checks conducted from time to time. The Company shall have the right to terminate the Agreement if any adverse information is found during the checks.
2.4. Onboarding Fee: The Company may charge the Partner a one-time onboarding fee, the amount of which may vary from time to time.
2.5. Equipment Fees: The Partner agrees to pay a stipulated fee for the T-shirt, delivery bag, or other equipment provided by the Company. This fee may be deducted from the Partner's first payout or collected directly. This equipment will help the Partner provide services under the Company's branding.
3. Delivery Services
3.1. Accepting Orders: The Partner shall have the discretion to accept or reject delivery orders received through the Company's platform (via the Fav Driver App).
3.1.1. Diverse Delivery Types: The Partner acknowledges that delivery orders may include restaurant food items, groceries, parcels, and any other types of items determined by the Company.
3.2. Timely Delivery: The Partner agrees to pick up orders (such as restaurant food items, groceries, parcels) from the restaurant/seller and deliver them to the customer in a timely and efficient manner. Additionally, under the rental module, they will provide timely pickup and drop-off services to the customer.
3.3. Route: The Partner will use the most efficient and safe route for delivery, while complying with all applicable traffic rules and laws.
3.4. Care of Order: The Partner will be responsible for maintaining the integrity and quality of the order during delivery. Due care and caution must be exercised to avoid any loss or damage.
3.5. Communication: In case of any delay, difficulty, or customer issue during delivery, the Partner will immediately inform the Company and/or the customer.
4. Payouts & Deductions
4.1. Service Fee: The Company will pay the Partner the agreed service fee for each successfully completed delivery, as determined on the Company's platform.
4.2. Payment Cycle: Payments will be made on a weekly/monthly basis, as informed by the Company.
4.3. Deductions: The Partner agrees that the Company may make deductions from payouts for the following: * Onboarding fee. * Equipment Fees or charges for loss/non-return of equipment. * Cancellation fees (if cancelled by the Partner). * Penalties imposed for complaints or damages received from the customer or seller. * Applicable taxes and statutory deductions (e.g., TDS). * Any other agreed fees or penalties.
4.4. Payment Disputes: Any payment-related disputes must be reported to the Company within 15 days from the date of payment.
5. Conduct & Performance Standards
5.1. Professional Conduct: The Partner shall remain respectful, courteous, and professional towards customers, sellers, and Company employees always.
5.2. Conduct and Safety towards Female Customers: The Partner will treat female customers with the utmost decency and respect. Any form of inappropriate behaviour, verbal or physical harassment, stalking, intimidation, or violation of privacy will be considered a serious offense under the Indian Penal Code (IPC) and other applicable laws. The Partner will take all necessary steps to ensure the safety of female customers and will immediately report any safety concerns to the Company.
5.3. Vehicle and Equipment: The Partner will ensure that the vehicle used by them is in good working condition, duly registered and insured, and complies with all safety standards.
5.4. Uniform/Equipment: The Partner will use the uniform, delivery bag, or other equipment provided by the Company during deliveries. This equipment will be used with proper care and returned in good condition upon termination of the Agreement. Additional charges may apply in case of loss or non-return of equipment.
5.5. Licenses and Permits: The Partner will maintain all necessary driving licenses, permits, and approvals and submit them for periodic checks from time to time.
5.6. Compliance with Laws: The Partner will strictly comply with all applicable laws, rules, and regulations, including traffic laws, health and safety standards, and data privacy laws.
5.7. Unacceptable Behaviour: Engagement in the following activities may lead to immediate termination of the Agreement: * Fraud or dishonesty. * Abuse, harassment, or violence towards customers, sellers, or Company employees. * Driving under the influence of drugs or alcohol. * Delivering illegal or prohibited items.
6. Liability & Insurance
6.1. Personal Liability: The Partner will be responsible for any personal injury, property damage, or third-party injury occurring during the performance of their services.
6.2. Vehicle Insurance: The Partner will be responsible for maintaining a comprehensive insurance policy for their vehicle, including third-party liability.
6.3. Accident Insurance: The Company may provide accident insurance coverage to the Partner, the terms of which will be as per the Company's insurance policy. The Partner agrees that the Company's liability will be limited to the extent of the insurance policy provided.
6.4. Indemnification: The Partner will indemnify and hold harmless the Company from all claims, losses, liabilities, and expenses arising because of the Partner's breach of terms, negligence, or misconduct.
7. Confidentiality & Data Security
7.1. Confidential Information: The Partner will keep all confidential information related to the Company and its customers (e.g., customer addresses, phone numbers, order details) confidential and use it only for the purpose of delivery services.
7.2. Data Security: The Partner will comply with all data security protocols provided by the Company and prevent unauthorized access to or disclosure of customer data.
8. Termination of Agreement
8.1. Termination: This Agreement may be terminated in the following situations: * By mutual consent. * Without Cause: By either party with 15 days' written notice. * With Cause: If either party materially breaches any term of this Agreement and fails to rectify it within 7 days despite being notified. * Immediate Termination: The Company reserves the right to immediately terminate the Agreement in case of gross misconduct by the Partner (e.g., fraud, severe security breaches, repeated violations of terms).
8.2. Effect: Upon termination of the Agreement, the Partner will be paid for all outstanding services, and they must return all Company equipment and confidential information.
9. General Provisions
9.1. Entire Agreement: This Agreement constitutes the entire agreement between the Partner and the Company and supersedes all prior communications and agreements.
9.2. Governing Law and Jurisdiction: This Agreement will be governed by the laws of India. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan.
9.3. Dispute Resolution: Any disputes will first be attempted to be resolved through good faith negotiation. If this fails, the parties may proceed to mediation or legal proceedings.
I, as a Driver for Favcore, accept and agree to abide by the above terms and conditions.
