This website https://fship.in/ site is owned and operated by Fixfeels Technologies Private Limited (henceforth referred as the “Company” or “we” or “us” or “our” having its registered office at Hw 08 sector 70, Noida, Uttar Pradesh, 201301 India.
These Terms and Conditions are applicable to users of the Company’s website https://fship.in/ site (hereinafter referred to as “Website”). The user of the Website (henceforth referred as the “User” or “You” or “Your”) includes merchants, clients and service recipients of the Company (natural or legal person) registered with the Website and all of their employees and authorised users (“Merchant”) and/or unregistered guest users, end-customers.
These are standard terms and conditions (hereinafter referred to as “Terms and Conditions”) in form of electronic record in terms of Information Technology Act, 2000 and rules under as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.
By using the services and tools provided on the Website, it is deemed that You have read and accepted the terms and conditions contained herein. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. Use of the Website by You shall governed by these terms and conditions and shall constitute your binding obligations with the Company.
The Company reserves the right, at its sole discretion, to change or modify these Terms and Conditions, from time to time without any obligations to inform You. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that You have read and thereby accept and agree to the changes. As long as You comply with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited right to enter and use the Website.
All rights including copyright, in this Website are owned by the Company or otherwise licensed to the Company. Any use of this Website or its contents, including copying or storing it in whole or part without the permission of the Company is prohibited.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be facilitated by your legal guardian or parents. The Company reserves the right to terminate and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
Fraud: Without limiting any other remedies, We may suspend or terminate Your membership account if We suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.
If You are a Merchant to the Company registered with the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, then the Company has the right to indefinitely suspend or terminate or block access of your registration with the Website and refuse to provide You with access to the Website. You shall also be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or consequential unauthorized use of the material or content on the Website.
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic, digital, or otherwise.
In order to provide efficient Services, the Merchant is required to provide certain information and data (including sensitive personal data or information) relating to the customer of the Merchant. The Merchant shall ensure that they have adequate consent and authority from its customer to share such data and information with the Company.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that:
The Company is under no obligation to review any messages, information or content (“Records”) provided by You on the Website, and the Company assumes no responsibility or liability relating to any such Records on the Website. Notwithstanding the above, the Company may from time to time monitor the Records on the Website and may decline to accept and/or remove any Records that contain any information inconsistence with this Terms and Conditions.
You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Notwithstanding the right of the Company to monitor the Records posted on the Website, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE RECORDS YOU POST ON THE WEBSITE. In no event shall the Company assume or have any responsibility or liability for any Records posted or for any claims, damages or losses resulting from use of Records. You hereby represent and warrant that You have all necessary rights in and to all Records You provide and all information it contains and that such Records shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You agree, confirm and undertake that your use of the Website shall be strictly governed by the following binding principles:
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion or Content (defined hereinafter) of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or in any way decompile, reverse engineer, or disassemble any material or content on the Website, the Company reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any part, section or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures of the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User of the Website, or any other customer of the Company including any membership account on the Website not owned by You, to its source, or exploit the Website or any Service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Website.
You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions, or for other activity which infringes the rights of the Company or others.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Use of the Content on any other web site or networked computer environment or use of the Content for any purpose in violation of the copyrights, trademarks and other proprietary rights, is prohibited
You shall not purchase search engine services or other pay per click keywords (such as Google AdWords), or domain names that use Fship or Fship trademarks and/or variations and misspellings thereof.
The Website may contain links to other websites; these external websites are not under control of the Company. The Company cannot be held responsible for such websites and cannot make any warranties about them. The Company provides these links in the event they might interest You, but the Company does not monitor or endorse these websites.
The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
The Company welcomes links to this Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of such third party site by the Company. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website/digital media any of the Content or other materials available on the Website without prior written consent of the Company.
The Company provides various services to the Merchants and Users (“Services”). The performance of services by the Company depends on the accuracy of information and records of the Users. From time to time, You shall be responsible for providing information relating to the products and/or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. Further, the use of the Website for the Services provided by the Company to the Merchant are additionally governed by the service agreement and/or merchant agreement separately executed between the Merchant and the Company.
The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
The Company does not warrant that the quality of any products, information, or other material purchased or services availed by you through the Service will meet your expectations, or that the Service will be completely error free.
You hereby expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
In no event shall the Company or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our Services or this Terms and Conditions (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Fship partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
The Company may immediately terminate membership / account of any User who verbally or in written form abuse (including threats of abuse or retribution) any customer, employee, member, or officer of the Company.
You hereby declare that You have provided all necessary legal details for the performance of the Services.
There are different payment term options available and depending on the payment term agreed by the Merchant with the Company, the Merchant has to pay the invoices as raised by the Company within the stipulated credit period as agreed in the service agreement or merchant agreement as may be entered into between the Company and the Merchant, from time to time.
While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
All payments made against the Services on the Website by You, shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website
The Company reserves the right to cancel any Service order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the Service order placed or order so placed/cancelled does not comply with the policy of the Company or Service order has invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned persons.
You shall clarify any doubts/concerns with respect to usage of the merchant account before placing actual Service orders for your customers. In case orders are placed in the wrong slab/weight category or mode of transport, the Company will not be liable to reimburse any additional amount deducted.
You are required to enter the correct dimensions and weights for each order placed on the Website to reduce any discrepancies later. Any pickup delays or discrepancies caused due to incorrect entry of weights/dimensions shall not be the Company’s responsibility.
Zones are pre-defined as per the source pin code for each membership account, charges will be applicable on this definition. You are requested to check the zoning matrix before placing any order. The Company shall not be liable for any discrepancy arising due to this.
The Merchant shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Without prejudice to the generality of the above, the Company does not permit Services of following items:
Without limiting other remedies, the Company may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide You with access to the Website in the event, but not limited to:
The Company may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.
You shall indemnify and hold harmless the Company its licensee, affiliates, service partners, service providers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, other Policies, or your violation of any law, rules or regulations or the rights of a third party.
The Company will not be liable to you (whether under the law of contract, the law of torts, law of equity or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.
Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services or the software. While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.
The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and in accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
The Grievance Officer
Fixfeels Technologies Private Limited
Address: Hw 08 sector 70, Noida, Uttar Pradesh, 201301