Customer Terms And Conditions

Customer Terms And Conditions For Shiprocket Checkout Platform

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’.

Pickrr Technologies Private Limited has developed a checkout technology platform namely “Fastrr” for the customer(s) (“Customer” or “you” or “your”) of the sellers/merchants and has licensed / authorized BFRS to sell the Fastrr platform services to the sellers/merchants registered with BFRS/on the Shiprocket platform or registered with any of the group companies of Shiprocket (“Seller”), which platform inter-alia enables the 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 Customers. 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).

Introduction

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 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.

Other Covenants

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 berequired to provide various information as requested by BFRSfrom time to time.

You represent and warrant to BFRS that: (i) all requiredinformation you submit shall be true, correct and accurate; and (ii)your use of the Shiprocket Checkout Services do not violate anyapplicable 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.

BFRS’s Limited Liability

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 Customer’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.

Third Party Content

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.

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 Shiprocket Checkout platform. Please review carefully the third- party’s/Seller’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products/services shall be directed to the third-party/Seller.

Intellectual Property Rights

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.

Privacy / Data Protection

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.

In the process of providing Shiprocket Checkout Services, BFRS may collect and use certain personally identifiable information. BFRS is committed to protect such information and to take all reasonable precautions for maintaining confidentiality thereof. In this regard, BFRS has framed a privacy policy as available at https://www.shiprocket.in/privacy-policy/ and updated from time to time (“Privacy Policy”), which inter-alia applies to the users of Shiprocket Checkout Services.

In addition to the above, for the purposes of providing Shiprocket Checkout Services, the Customer hereby understands and agree that BFRS 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 BFRS from time to time directly or indirectly (or provided in past).

Your usage/access of the Shiprocket Checkout Services shall constitute your acceptance to the privacy terms and conditions as provided herein and to the terms and conditions of the Privacy Policy. You may withdraw your consent/acceptance to the aforesaid terms and conditions anytime (including withdrawing consent for using of personally identifiable information by BFRS), on account of which BFRS may discontinue your access, in part or full, to the Shiprocket Checkout Services/associated features and benefits.

Miscellaneous

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: BFBFRS 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. In case of any inconsistency between the provisions of these T&Cs and above referred terms & conditions/polices, 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 Customer in relation to Shiprocket Checkout Services.