Customer Terms And Conditions For Fastrr Checkout Platform
Shiprocket Limited (previously known as Shiprocket Private Limited, and originally known as Bigfoot Retail Solutions Private Limited), a company incorporated under the provisions of the Companies Act, 1956, provides various technology-related services/platforms (including a logistics management service/platform) under the brand name ‘Shiprocket’.
Pickrr Technologies Private Limited has developed a checkout technology platform named “Fastrr” for the customer(s) (“Customer” or “you” or “your”) of the sellers/merchants, and has licensed/authorized Shiprocket to sell the Fastrr platform services to the sellers/merchants registered with Shiprocket, on the Shiprocket platform, or registered with any of the group companies of Shiprocket (“Seller”). The platform, inter alia, enables the Customer to seamlessly save and use 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 Fastrr Checkout Services (as defined below) by the Customer. Please read these T&Cs carefully before accessing or using the Fastrr Checkout Services, as these T&Cs establish a legally binding contractual relationship between you and Shiprocket. If you do not agree to these T&Cs, you shall not use the Fastrr Checkout Services. By clicking the accept/agree button, or by accessing/using the Fastrr Checkout Services, you signify your unconditional acceptance of these T&Cs and other supplemental terms/policies (as framed by Shiprocket from time to time).
Introduction
The Fastrr Checkout platform facilitates quicker checkout of orders placed by Customers through online stores/e-commerce platforms (“Fastrr Checkout Services”). The platform enables connection of Customers with payment service providers and the importing of final order details into online stores/e-commerce platforms.
Fastrr Checkout is a SaaS (Software as a Service) web-based module for online stores/e-commerce platforms. Accordingly, Shiprocket hereby grants you a limited, non-exclusive, non-transferable license to access and make use of the Fastrr Checkout platform in accordance with these T&Cs. This license restricts: any unauthorized use of the Fastrr Checkout platform; decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Fastrr Checkout platform; any reproduction, duplication, sale or resale of the Fastrr Checkout platform or its contents; and any derivative use of the Fastrr Checkout platform or its contents.
Other Covenants
You understand and agree that the Fastrr Checkout Services may be modified, updated, interrupted, suspended, discontinued or terminated by Shiprocket at any time, without any reason, notice or liability towards you.
In order to use the Fastrr Checkout platform, you may be required to provide various information as requested by Shiprocket from time to time.
You represent and warrant to Shiprocket that: (i) all required information you submit shall be true, correct and accurate; and (ii) your use of the Fastrr Checkout Services does not violate any applicable law, regulation, or provision of these T&Cs.
At its own discretion, Shiprocket may provide customer support in relation to the Fastrr Checkout Services.
Shiprocket’s Limited Liability
Shiprocket does not provide or make any representation, warranty or guaranty, express or implied, about the Fastrr Checkout Services, and, to the fullest extent permitted by law, disclaims all liability arising out of the Customer’s use of or reliance upon the same.
Your access to and use of the Fastrr Checkout Services is at your own risk. Shiprocket shall have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party resulting from your access to or use of the Fastrr Checkout Services.
Shiprocket and/or its respective partners/suppliers provide the Fastrr Checkout Services to Customers as a quicker option to check out on purchases made through online stores or e-commerce platforms. Shiprocket and/or its respective partners/suppliers disclaim all liability arising out of or in connection with goods or services bought using the Fastrr Checkout Services, or any payments made by Customers for such goods or services using the Fastrr Checkout Services. In the event of a dispute regarding a transaction or payment made, or if the Customer wishes to change or cancel a transaction, Shiprocket and/or its respective partners/suppliers shall not be liable, and the Customer shall consult the merchant/seller directly. Shiprocket and/or its respective partners/suppliers make no warranty as to the quality, usability or legality of such goods and products; responsibility for the same rests with the seller of such goods and services and the Customer using the Fastrr Checkout Service.
In addition to the other limitations and exclusions in these T&Cs, in no event shall Shiprocket, 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 Fastrr Checkout Services.
The failure, delay or omission of Shiprocket 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 one occasion shall not be construed as a bar or waiver of any right or remedy 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 your use of the Fastrr Checkout Services or these T&Cs must be filed within 3 (three) months of when such claim or cause of action arose, or be forever barred.
Third Party Content
Certain content, products and/or services available through the Fastrr Checkout Services may include materials from third parties. Shiprocket shall not be liable/responsible in relation to such third-party content, products and services.
Third-party links on the Fastrr Checkout platform may direct you to third-party websites that are not affiliated with Shiprocket. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant and will have no liability or responsibility for any third-party materials or websites.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with any third party or Seller’s website by using the Fastrr Checkout platform. Please carefully review the third-party’s/Seller’s policies and practices, and make sure you understand them, before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products/services should be directed to the relevant third party/Seller.
Intellectual Property Rights
You acknowledge that all 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 Fastrr Checkout platform, or used by Shiprocket to operate the Fastrr Checkout Services, are proprietary to Shiprocket.
Shiprocket 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 right, title or interest in or to such intellectual property rights.
You agree, represent and warrant that your use of the Fastrr 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, nor breach any contract or legal duty owed to any other party.
Privacy / Data Protection
Shiprocket has adopted reasonable security practices and procedures commensurate with the information assets being protected, and, considering the nature of our business, has implemented relevant technical, operational, managerial and physical security control measures to protect the information in its possession from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
In the process of providing the Fastrr Checkout Services, Shiprocket may collect and use certain personally identifiable information. Shiprocket is committed to protecting such information and to taking all reasonable precautions to maintain its confidentiality. In this regard, Shiprocket has framed a privacy policy, available at shiprocket.in/privacy-policy, and updated from time to time (“Privacy Policy”), which, inter alia, applies to users of the Fastrr Checkout Services.
In addition to the above, for the purposes of providing the Fastrr Checkout Services, the Customer understands and agrees that Shiprocket shall have the right to collect and use personally identifiable information of the Customer — such as name, email address, phone number and address — as provided by the Customer and/or Seller to Shiprocket from time to time, directly or indirectly (or provided in the past).
Your use of/access to the Fastrr Checkout Services constitutes your acceptance of the privacy terms and conditions provided herein, and of the terms and conditions of the Privacy Policy. You may withdraw your consent/acceptance to the aforesaid terms and conditions at any time (including withdrawing consent for the use of personally identifiable information by Shiprocket), on account of which Shiprocket may discontinue your access, in part or in full, to the Fastrr Checkout Services and associated features and benefits.
Miscellaneous
- Indemnification: You agree to defend, indemnify and hold harmless Shiprocket, 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 Shiprocket 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 non-fulfillment 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 the 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 Fastrr Checkout Services. If you are a minor, you may use the Fastrr Checkout Services only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.
- Modification: Shiprocket reserves the right to modify or change these T&Cs and other supplemental terms/policies from time to time (such modifications or changes will take effect and be binding on and from the day they are posted on the website), and you are responsible for keeping yourself updated on such changes. Your continued use of the Fastrr Checkout Services constitutes your acceptance of the amended T&Cs/policies.
- Termination: Shiprocket may terminate these T&Cs at any time, and may do so immediately without notice, and accordingly deny you access to the Fastrr Checkout Services. Any such termination will be without any liability to Shiprocket.
- Severability: If any provision of these T&Cs is determined to be illegal, invalid or otherwise unenforceable under 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 in which that provision 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 and conditions/policies framed by Shiprocket. In case of any inconsistency between the provisions of these T&Cs and the terms and conditions/policies referred to above, Shiprocket shall, at its sole discretion, resolve 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 over any proceedings arising out of these T&Cs or between Shiprocket and the Customer in relation to the Fastrr Checkout Services.
