MERCHANT AGREEMENT Amazon Web Services

Merchant Agreement Amazon Web Services-PDF Download

  • Date:10 Aug 2020
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BFRS reserves the right to modify the terms of this Agreement at any time without giving you. any prior notice Your use of the Service following any such modification constitutes your. agreement to follow and be bound by the terms of the Agreement as modified. Any additional terms and conditions standard operating procedures SOPs service level. agreements SLAs terms of use disclaimers and other policies applicable to general and. specific areas of this Agreement Website Mobile App and or Service shall be construed to. form an integral part of this Agreement and any breach thereof will be construed as a breach of. this Agreement, Your access to use the Services will be solely at the discretion of BFRS. 1 USER ACCOUNT USAGE, 1 1 This Agreement is a master agreement which governs the relationship between the. Parties in relation to one or more Services that are offered by BFRS to the User inter. alia as per the terms and specifications mentioned in Annexure A Shiprocket Service. Specifications BFRS authorizes the User to view and access the content available on. the Website Mobile App solely for ordering receiving delivering and communicating. as per this Agreement The contents of the Services information text graphics images. logos button icons software code design and the collection arrangement and. assembly of content on the Website and Mobile App collectively BFRS Content are. the property of BFRS and are protected under copyright trademark and other laws. User shall not modify the BFRS Content or reproduce display publicly perform. distribute or otherwise use the BFRS Content in any manner without the consent of. 1 2 User shall not transfer or share including by way of sublicense lease assignment or. other transfer including by operation of law their log in or right to use the Service to. any third party The User shall be solely responsible for the way anyone you have. authorized to use the Services and for ensuring that all of such users comply with all of. the terms and conditions of this Agreement Any violation of the terms and or. conditions of this Agreement by any such user shall be deemed to be a violation thereof. by you towards which BFRS shall have no liability or responsibility. 1 3 Multiple users are not permitted to share the same single log in You agree and. understand that you are responsible for maintaining the confidentiality of passwords. associated with any log in you use to access the Services. 1 4 You agree that any information you give to BFRS will always be true accurate correct. complete and up to date to the best of our knowledge Any phone number used to. register with the Service be registered in your name and you might be asked to provide. supporting documents to prove the same, 1 5 You agree that you will not use the Services provided by BFRS for any unauthorized. and unlawful purpose You will not impersonate another person to any of the aforesaid. 1 6 You agree to use the Services only for purposes that are permitted by a the terms of. usage as outlined herein and b any applicable law regulation and generally accepted. practices or guidelines in the relevant jurisdictions including any laws regarding the. export of goods data or software to and from India or other relevant countries. 1 7 You agree not to access or attempt to access any of the Services by any means other. than through the interface that is provided by BFRS unless you have been specifically. allowed to do so in a separate agreement with BFRS. 1 8 You agree that you will not engage in any activity that interferes with or disrupts the. Services or the servers and networks which are connected to the Services. 1 9 You agree that you are solely responsible for and that BFRS has no responsibility to. you or to any third party for any breach of your obligations under this Agreement and. for the consequences including any loss or damage which BFRS may suffer of any. such breach, 1 10 You shall indemnify BFRS for any claims losses or damages or for the costs of any. regulatory or court proceedings suffered by BFRS as a result of your breach of this. Agreement terms of use of the Services and or of any applicable law. 1 11 You expressly acknowledge and agree that your use of the Services is at your sole risk. and that the Services are provided as is and as available and BFRS at its discretion. will provide any customization or modification, 1 12 You agree that this Agreement and the Services of BFRS form a part of subject to any.
modification or be removed by BFRS with change in government regulations policies. and local laws as applicable,2 FEES AND PAYMENT, 2 1 Subject to the provisions of this Agreement the User will pay BFRS the fees and other. amounts set forth in this Agreement or otherwise agreed by the Parties. 2 2 BFRS may add new services for additional fees and charges or may proactively amend. fees and charges for existing services at any time in its sole discretion Fees stated prior. to the services being provided as amended at BFRS s sole discretion from time to time. shall apply, 2 3 If you purchase any subscription based paid service you authorize BFRS to charge you. applicable fees at the beginning of every subscription period or at such intervals as. applicable to the said service and you authorize BFRS make such modification to the. fee structure as required and also agree to abide by such modified fee structure. 2 4 You agree that the billing credentials provided by you for any purchases from BFRS will. be accurate and you shall not use billing credentials that are not lawfully owned by you. 2 5 The User agrees to pay all subscription fees service fees and other fees applicable to. User s use of Services or any other services which are beyond the scope of the Services. and or this Agreement and the User shall not directly or indirectly circumvent the fee. 2 6 The User is solely responsible for payment of all taxes legal compliances and statutory. registrations and reporting under applicable law BFRS is in no way responsible for any. of the User s taxes or legal or statutory compliances. 2 7 All fees shall be exclusive of taxes and Goods and Service tax and other statutory taxes. as applicable shall be levied on every purchase Service. 2 8 The payment process would be considered to be complete only on receipt of full fees. and all other charges as payable into BFRS s designated bank account. 2 9 If applicable BFRS shall raise an invoice for the Services and the freight amount if. payable twice in a calendar month preferably in mid of the month and end of the. month The invoice shall be available on the billing payments section of the User s. dashboard on BFRS platform, 2 10 The User shall be required to clear the invoice within 7 seven days of the date of the. 2 11 If the User fails to pay the full invoice amount in accordance with the time period. mentioned above BFRS will have the right to i retain the amounts received from the. end customer of the User through the cash on delivery method COD Amount and or. ii retain the custody of the shipments of the User which are in the possession of. BFRS logistics partner s and or iii levy an interest of 18 per annum from the due. date of payment till such time that the User makes entire payment towards the invoice. 2 12 In the event the User closes its account with BFRS or this Agreement expires or is. terminated BFRS will deduct the Fees and the freight amounts due to it from the User. from the COD Amount BFRS shall thereafter remit the remaining COD Amount after. such deduction within 10 ten days from the date of such. closure expiration termination subject to reconciliation and completion of all the. shipments and transactions pertaining to the User his account In the event the COD. Amount falls short of the outstanding amount payable by the User the User shall. within 5 five days from the date of such closure expiration termination pay the. outstanding amount to BFRS and until the payment of the entire outstanding amount. BFRS shall retain the custody of the shipments of the User which are in the possession. of BFRS logistics partner s In the event of any delay in payment of outstanding. amount by the User as required under this clause BFRS shall have a right to levy an. interest of 18 per annum on the outstanding amount from the due date of payment till. the date of actual payment, 2 13 Save as otherwise stated in this Agreement for any claims by the User like wrong. freight being applied COD Amount missing pilferage in transit damage the signed. copy of the manifest sheet of the pick up against which the courier company has. received the shipment has to be submitted along with the claim request by the User. within 3 three days of the raising of the invoice Without the signed manifest the. request shall not be considered valid, 2 14 The User agrees that in case of shipments booked under Cash on Delivery COD.
BFRS logistics partner shall collect cash as per the instructions of BFRS from the. consignee as per the details mentioned on the COD order form and remit reimburse the. amount to BFRS which then forthwith would be reimbursed to the User However. BFRS shall not be held liable in case the COD amount has been delayed or misplaced by. the courier company The User shall seek its claim loss or any damages suffered from. the courier company directly and in no way shall recover from BFRS or hold BFRS. liable for the same In this regard the User agrees that BFRS shall have the right to. deduct the freight charges from the COD Amounts received by BFRS and then. remit reimburse the balance amount to the User, 2 15 BFRS may from time to time in its sole discretion provide allocate a credit limit to the. User for the Services which can be used by the User within a specified time period In. this regard the User hereby acknowledges and agrees to pay the service fees and all. other amounts payable by it pursuant to this Agreement and in the event User fails to. timely pay the same BFRS shall have an unconditional and irrevocable right in. addition to other rights and remedies available under this Agreement elsewhere. applicable law or otherwise to recover the unpaid fees and amounts from the user inter. alia by way of a retaining the COD Amounts and or b retaining the custody of the. shipments of the User which are in the possession of BFRS logistics partner s. 2 16 BFRS reserves the right to modify the fee structure by providing a 30 thirty days prior. notice either by notice on your dashboard or through email to the authorized User. which shall be considered as valid and agreed communication Upon the User not. communicating any negative response objection to BFRS to such notice the Company. shall apply the modified Fee structure effective from the expiry of the said notice. 2 17 In order to process the fee payments BFRS might require details of User s bank. account credit card number and other such financial information Users shall be. responsible to maintain the confidentiality of such information provided by Users. 2 18 You can cancel your access to the Services using any of the cancellation methods listed. in the Annexures or by contacting our customer support by email at. support kartrocket com The one time set up fees shall not be refunded to the User. 3 LIABILITY, 3 1 BFRS shall not be responsible or liable in any manner to the Users for any losses. damage injuries or expenses incurred by the Users as a result of any action taken by. BFRS where the User has consented for the same, 3 2 BFRS does not provide or make any representation warranty or guaranty express or. implied about the Services BFRS does not verify any content or information provided. by Users and to the fullest extent permitted by law disclaims all liability arising out of. the User s use or reliance upon the Services, 3 3 The Services of BFRS may be linked to the services of third parties affiliates and. business partners BFRS has no control over and not liable or responsible for content. accuracy validity reliability quality of such services or made available by through our. 3 4 Notwithstanding anything contrary provided in this Agreement in no event including. but not limited to negligence shall BFRS or any of its directors officers employees. agents or content or service providers collectively the Protected Entities be liable for. any direct indirect special incidental consequential exemplary or punitive damages. arising from or directly or indirectly related to the use of or the inability to use the. Services or the content materials and functions related thereto User s provision of. information via the Services lost business or lost sales even if such Protected Entity has. been advised of the possibility of such damages In no event shall the total aggregate. liability of the Protected Entities to a User for all damages losses and causes of action. whether in contract or tort including but not limited to negligence or otherwise. arising from the terms and conditions of this Agreement or a User s use of the Services. exceed in the aggregate INR 1000 Indian Rupees One Thousand only. 3 5 In no event shall the Protected Entities be liable for failure on the part of the Users to. provide agreed Services In no event shall the Protected Entities be liable for any. activity in relation to the Services provided to a User. 3 6 The Protected Entities and the BFRS shall not be liable for any act or omission of any. other person entity furnishing a portion of the Service or from any act or omission of a. 1 7 You agree not to access or attempt to access any of the Services by any means other than through the interface that is provided by BFRS unless you have been specifically allowed to do so in a separate agreement with BFRS 1 8 You agree that you will not engage in any activity that interferes with or disrupts the

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