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Terms and Conditions
for Engage Shopify App

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BigFoot Retail Solutions Private Limited (“BFRS” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 1956 having its registered office at Plot No. B, Khasra-360, Sultanpur, M.G. Road, New Delhi-110030, offering logistics management services under the brand name ‘Shiprocket’.

BFRS is engaged in the business of providing logistics management services/solutions through its website https://www.shiprocket.in/, mobile application and other online and offline platforms (“BFRS Services”).

BFRS has developed a tool/product named as “Engage Shopify App” for the merchants listed/registered with Shopify app on the Shopify platform (“Merchant” or “you” or “your”) in order to provide pre-ship order confirmation services to the Merchant (“Engage Shopify Services”). These Terms and Conditions describes data privacy aspects along with the components of Engage Shopify App when you install or use the Engage Shopify App in connection with your Shopify-supported store.

These terms and conditions (“T&Cs”) shall govern the use of the Engage Shopify App (as defined below) by the Merchants. Accordingly, please read these T&Cs carefully before accessing or using the Engage Shopify App. If you do not agree to these T&Cs, you shall not use the Engage Shopify App. By clicking the accept/agree button, you signify your unconditional acceptance to these T&Cs and other Shiprocket policies (as framed by Shiprocket from time to time).

Introduction

Engage Shopify App is a tool/product developed by BFRS to provide pre-ship order confirmation services to the Merchant (“Engage Shopify App”). The product/tool enables the Merchant to minimize the RTO deliveries by confirming the orders before they are shipped.

BFRS grants you a limited sub-license to access and make personal use of BFRS Engage Shopify Services and not to modify it, or any portion of it, except with express written consent of BFRS. This license does not include any resale or commercial use of BFRS Engage Shopify Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of BFRS Engage Shopify Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. BFRS Engage Shopify Services or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BFRS.

Components of Engage Shopify App

The major components of Engage Shopify Services are as follows:

  • Order Confirmation
  • Address Confirmation
  • COD to Prepaid
  • Abandoned Cart
  • Sense Score Display
    • RTO Score
    • Address Score
    • Duplicate Order

Other Covenants

You understand and agree that the Engage Shopify 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 Engage Shopify Services, 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 Engage Shopify Services do not violate any applicable law, regulation or any provision of these T&Cs; and (iii) you have obtained all necessary third-party and your end customer/buyer(s) consents, licenses and permissions necessary to enter into and fully perform your obligations herein.

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 available on the Engage Shopify app 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 Engage Shopify 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’s Limited Liability

BFRS does not provide or make any representation, warranty or guaranty, express or implied, about Engage Shopify Services, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same.

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 Engage Shopify Services.

BFRS shall not be liable to the Merchants for any product(s) or service(s) provided by the Merchant to its customer, or any liability in relation thereto. All claims pertaining to the same shall be made directly against the Merchant.

BFRS accepts no liability for any error, omission, breach or non- performance, whether on behalf of itself or third parties.

In case of complaints from the customers of the Merchants pertaining to efficacy, quality or other such issues, BFRS shall notify the Merchant. The Merchant shall be liable for redressing customer’s complaints.

Privacy / Data Protection

In the process of providing the Engage Shopify Services, BFRS may collect certain personally identifiable information about the end customer of the Merchant such as name, email address, mobile phone number, address and contact details. BFRS is committed to protect the personal information of the Merchant and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information.

BFRS has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

In this regard, BFRS has framed a privacy policy (“Privacy Policy”) which applies to the users of BFRS Services and/or BFRS Engage Shopify Services, and is available on https://www.shiprocket.in/privacy-policy/.

You hereby give consent to BFRS to collect/share/store the copies of the KYC Documents (including the information contained in such documents) as submitted by you, with third party acting on behalf of BFRS for completing KYC verification as required under applicable laws and update your records wherever required including but not limited to verify the data/information/documents provided by you and for any other purpose as consented by you.

In case the documents/information/data provided by you do not comply with the BFRS policy and/or relevant guidelines due to any reason whatsoever, your request for using Engage Shopify Services may be rejected.

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, regulations.