BigFoot Retail Solutions Private Limited (“BFRS” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 1956, which provides various technology related services/platforms (including logistics management service/platform) under the brand name ‘Shiprocket’.
BFRS has developed a checkout technology platform namely ‘Shiprocket Checkout’ for the sellers/merchants registered with BFRS/on the Shiprocket platform (“Seller” or “you” or “your”), which platform inter-alia enables your customer (“Customer”) to seamlessly save and use the shipping and billing details for placing orders with e-commerce/online stores.
Accordingly, these terms and conditions (“T&Cs”) shall govern the use of the Shiprocket Checkout Services (as defined below) by the Sellers. Please read these T&Cs carefully before accessing or using the Shiprocket Checkout Services as these T&Cs establish a legally binding contractual relationship between you and BFRS. If you do not agree to these T&Cs, you shall not use the Shiprocket Checkout Services. By clicking the accept/agree button or your access/usage of the Shiprocket Checkout Services shall signify your unconditional acceptance to these T&Cs and other supplemental terms/policies (as framed by BFRS from time to time).
Shiprocket Checkout platform is a platform to facilitate quicker checkout of orders placed by Customers through online stores/ e-commerce platforms (“Shiprocket Checkout Services”). The platform enables connection of the Customers with payment service providers and importing final shipping and order details into the online stores/ e-commerce platforms.
Shiprocket Checkout is a SaaS (Software as a Service) web-based module for the online stores/e-commerce platforms. Accordingly, BFRS hereby grants you a limited, non-exclusive, non-transferable license to access and make use of the Shiprocket Checkout platform as per these T&Cs. This license restricts any unauthorized use of the Shiprocket Checkout platform; decompile, disassemble, or reverse engineering any of the software comprising or in any way making up a part of the Shiprocket Checkout platform; any reproduction, duplication, sale or resale of the Shiprocket Checkout platform or its contents; any derivative use of Shiprocket Checkout platform or its contents.
You understand and agree that the Shiprocket Checkout Services may be modified, updated, interrupted, suspended, discontinued or terminated by BFRS at any time without any reason, notice and liability towards you.
In order to use the Shiprocket Checkout platform, you may be required to provide various information as requested by BFRS from time to time.
You represent and warrant to BFRS that: (i) all required information you submit shall be true, correct and accurate; and (ii) your use of the Shiprocket Checkout Services do not violate any applicable law, regulation or any provision of these T&Cs.
At its own discretion, BFRS may provide customer support in relation to the Shiprocket Checkout Services.
In consideration of the granted license and Shiprocket Checkout Services provided hereunder, the Seller shall pay the applicable fees to BFRS, as per the checkout plan signed up/opted by the Seller. In certain circumstances, BFRS may provide a free plan or a free trial to the Seller.
The Seller has the right to use the Shiprocket Checkout Services until the fees is timely paid and the Seller is in compliance with the provisions of these T&Cs. In the event Seller fails to pay the fees for a period longer than fourteen (14) days from the issuance of the relevant invoice or the purchase made, or if the Seller is in non-compliance of these T&Cs, BFRS may terminate the access of the Seller to the Shiprocket Checkout Services without any notification.
BFRS has the right to increase or decrease the amount of Shiprocket Checkout Services fees at its own discretion and the Seller shall have the option to continue using the services at the new fee rates or to cease using the Shiprocket Checkout Services.
BFRS does not provide or make any representation, warranty or guaranty, express or implied, about the Shiprocket Checkout Services, and to the fullest extent permitted by law disclaims all liability arising out of the Seller’s use or reliance upon the same.
Your access to and use of the Shiprocket Checkout Services is at your own risk. BFRS shall have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party that results from your access to or use of the Shiprocket Checkout Services.
BFRS and/or its respective partners/suppliers are providing the Shiprocket Checkout Services to the Customers as a quicker option for the Customers to checkout on its purchases through online stores or e-commerce platforms. BFRS and/or its respective partners/suppliers disclaims all liability arising out of or in connection with goods or services bought using the Shiprocket Checkout Services or any payments made by the Customers for such goods or services using the Shiprocket Checkout Services. In the event of a dispute regarding a transaction or payment made, or if the Customer is desirous of changing or canceling the transaction, BFRS and/or its respective partners/suppliers shall not be liable for the same and the Customer shall have to consult the merchant / seller. BFRS and/or its respective partners/suppliers make no warranty as to the quality or usability or legality of selling such goods and products and such responsibility is with the seller of such goods and services and the Customers of Shiprocket Checkout Service.
In addition to other limitations and exclusions in these T&Cs, in no event shall BFRS, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the Shiprocket Checkout Services.
The failure, delay or omission of BFRS and/or its respective partners/suppliers to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Shiprocket Checkout Services or these T&Cs must be filed within 3 (three) months after such claim or cause of action arose or be forever barred.
Certain contents, products and/or services available through the Shiprocket Checkout Services may include materials from third-parties. BFRS shall not be liable/responsible in relation to such third-party content, products and services.
Third-party links on the Shiprocket Checkout platform may direct you to third-party websites that are not affiliated with BFRS. We shall not be responsible for examining or evaluating the content or accuracy and further we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software, source-code, know-how and materials displayed on the Shiprocket Checkout platform or used by BFRS to operate the Shiprocket Checkout Services is proprietary to BFRS.
BFRS hereby expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these T&Cs, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. These T&Cs do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
You agree, and represent and warrant, that your use of the Shiprocket Checkout Services, or any portion thereof, will be consistent with the foregoing covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
BFRS has adopted reasonable security practices and procedures that are commensurate with the information assets being protected, and considering the nature of our business BFRS has implemented relevant technical, operational, managerial and physical security control measures so as to protect the information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Indemnification: You agree to defend, indemnify and hold harmless BFRS, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, which may result in any loss, damage or liability to BFRS or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws or regulations.
Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.
Eligibility: Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents are not eligible to use the Shiprocket Checkout Services. If you are a minor, you may use the Shiprocket Checkout Services only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.
Modification: BFRS reserves the right to modify or change these T&Cs and other supplemental terms/policies from time to time (where such modifications or changes will take effect and be binding on and from the day they are posted on the website) and you shall be liable to update yourself of such changes. Your continued usage of the Shiprocket Checkout Services shall constitute your acceptance of the amended T&Cs/policies.
Termination: BFRS may terminate these T&Cs at any time and may do so immediately without notice, and accordingly deny you access to Shiprocket Checkout Services. Any such termination will be without any liability to BFRS.
Severability: If any of the provisions of these T&Cs is determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.
Supplementary T&Cs: These T&Cs are supplementary to other terms & conditions/polices framed by BFRS and to any agreement existing between BFRS and Seller. In case of any inconsistency between the provisions of these T&Cs and above referred terms & conditions/polices/agreement, BFRS shall at its sole discretion remove such inconsistency.
Governing Law and Jurisdiction: These T&Cs shall be construed in accordance with the applicable laws of India, and the courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these T&Cs/between BFRS and Seller in relation to Shiprocket Checkout Services.