Bigfoot Retail Solutions Private Limited (“BFRS” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 1956, which inter-alia provides various technology and/or digital services/platforms/applications under the brand name ‘Shiprocket’.
BFRS has developed a digital application/online platform namely ‘myShiprocket’ for the customer(s) (“Customer” or “you” or “your” or “yourself”) which inter-alia assists/enables them to track and manage their online orders.
Accordingly, these terms and conditions (“T&Cs”) shall govern the use of myShiprocket Services (as defined below) by the Customers. Please read these T&Cs carefully before accessing or using myShiprocket 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 myShiprocket Services. By clicking the accept/agree button (including clicking on “Okay” button on the T&C’s notification shown multiple times on myShiprocket application/platform from time to time) or your access/usage of myShiprocket Services shall signify your unconditional acceptance to these T&Cs and other supplemental terms/policies (as framed by BFRS from time to time).
- myShiprocket through its digital application/online platform inter-alia facilitates order management by way of assisting/enabling the Customer(s) to track the status of their online orders (“myShiprocket Services”). Amongst other services, the said services also facilitate quicker checkout of orders placed by Customers through the various online stores/e-commerce platforms.
- Accordingly, BFRS hereby grants you a limited, non-exclusive, non-transferable license to access and make use of the myShiprocket application/platform as per these T&Cs. This license restricts any unauthorized use of the myShiprocket application/platform; decompile, disassemble, or reverse engineering any of the technology/software comprising or in any way making up a part of the myShiprocket application/platform; any reproduction, duplication, sale or resale of the myShiprocket application/platform or its contents; any derivative use of myShiprocket application/platform or its contents.
- You understand and agree that myShiprocket Services and myShiprocket application/platform 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 myShiprocket Services and myShiprocket application/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 myShiprocket 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 myShiprocket Services.
- You acknowledge and agree that you have no ownership or other property interest in your account and that all rights in and to your account are owned by and inure to the benefit of myShiprocket Services.
- In order to access certain features of myShiprocket Services, you may be required to register an account and become a registered user. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password.
- BFRS believe that you should have the right to access and control your own personal information no matter where you live. We generally retain your personal information until you stop using the app in question and inform BFRS, that you would like your personal information to be deleted or you would like to access your personal information, through an email request for such access or deletion of your personal information.
BFRS’s Limited Liability
- BFRS does not provide or make any representation, warranty or guarantee, express or implied, about myShiprocket 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 myShiprocket 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 myShiprocket Services.
- BFRS and/or its respective partners/suppliers are providing myShiprocket Services to the Customers in order to facilitate order management of their online orders. BFRS and/or its respective partners/suppliers disclaims all liability arising out of or in connection with goods or services offered/bought using myShiprocket Services or any payments made by the Customers for such goods or services using myShiprocket 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 concerned merchant/seller.
- 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 myShiprocket Services and myShiprocket application/platform.
- 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 myShiprocket Services or these T&Cs must be filed within 30 (thirty) days after such claim or cause of action arose or be forever barred.
Third Party Content
- Certain contents, products and/or services available through myShiprocket 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 myShiprocket application/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 myShiprocket application/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 myShiprocket application/platform or used by BFRS to operate myShiprocket 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 myShiprocket 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 addition to the above, for the purposes of providing myShiprocket 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 full name, email address, phone number and address, as provided by the Customer and/or Seller to BFRS and/or its group companies from time to time directly or indirectly (or provided in past). In addition, BFRS shall have the right to collect and use various other information including but not limited to your emails & sms, item details (such as title, price, and quantity) and tracking details (order status, location, date of delivery). Further, you agree that access to your aforesaid personally identifiable information will be provided to certain of our employees strictly on a need-to-know basis.
- In order to access the aforesaid information including but not limited to your emails & sms, we follow Google’s standards. myShiprocket application/platform’s use and transfer to any other app of information received from Google Accounts will adhere to Google API Services User Data Policy, including the limited use requirements.
- BFRS provides a one-click checkout experience across application/platform in their entire network. In case of network accounts, myShiprocket application/platform intelligently remembers its Customer base and prompt shoppers with a one-time password (OTP) to complete their checkouts instead of usernames and passwords which in turn helps you in the convenient log-in process.
- The collected information is stored with BFRS in an encrypted manner on our backend database platform; please note that by connecting email inboxes or transferring emails to myShiprocket application/platform, no individual will have access to the content of your information unless you specifically allow the same.
- Indemnification: You agree to defend, indemnify and hold harmless BFRS, its group companies, 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 myShiprocket Services.
- 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 myShiprocket 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 myShiprocket 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 myShiprocket Services.
- BFRS reserves the right to disqualify You from earning any Shipcoin if any fraudulent/abuse/ reseller/affiliates activity is identified as being carried out for the purpose of earning any Shipcoin or if You have violated any applicable laws.
- BFRS reserves the right to suspend the issue of Shipcoins to you personally, or to all users temporarily or permanently at any time without notice.
- BFRS reserves the right at any time to modify, withdraw or terminate ‘Shipcoins’ as a feature at its discretion, without any prior notice and without any liability or obligation in this regard.
- You are not bound in any way to actively accumulate or use Shipcoins. Any action towards using Shipcoins is voluntary.