Terms and Conditions
This terms of service agreement governs your access to, and use of, the websites, services and applications (here in referred as “Apps”, “Applications”, “Services”) which are owned, operated or provided by or on behalf of Cartrabbit Technologies Private Limited. By using our services, you are agreeing to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”).
IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
Cartrabbit Technologies Private Limited is a company incorporated under the laws of India with its registered office at Kalaptti Road, Coimbatore, Tamil Nadu, India – 641014 (hereinafter referred to as Cartrabbit, “Company” “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You”, “Your” or “User”) use of the website is subject to the notices, terms and conditions set forth in these Terms of Service (“Terms”, “Agreement”). The domain name “shopjar.co” (hereinafter referred to as the “Website”) is owned by Cartrabbit.
GRANT OF RIGHTS
Subject to your compliance with the terms and conditions of this terms, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store.
Continued Use, Updates and Upgrades
We reserve the right to modify, update, remove or disable access to any Services, without notice to you, and we will not be liable to you if we exercise those rights. When you purchase a particular Service, you are purchasing the right to use that Service as of the time you purchase it. You are not paying for the right to any updates, upgrades or future versions of the Services, though we may make such updates, upgrades or future versions available to you, in our sole discretion. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so.
By agreeing to these Terms, you represent that you have attained at least the age of majority in as per the laws of your country/ state or province of residence.
You further represent and warrant that, if you are acting on behalf of your organization, you have the right, power and authority to, and do, accept these Terms on its behalf.
You may access some areas of our website without registering to the website. However, in order to access certain features of the website You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.
SUBSCRIPTION PLAN AND PAYMENT
While we may provide certain services free of cost during the trial period offered to you, post expiry of the trial period services can be accessed only by way of subscription. Information about subscription plans and prices would be provided in the Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website.
Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and condition available at https://www.shopify.in/partners/app-store-terms.
Your subscription will commence on the day you enter into this Agreement by making a valid payment for subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms.
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription.
You can cancel your subscription either from the Shopify app or by uninstalling the apps. In case of any refund request, we provide full refund for that particular month.
The trademarks, logo and slogans of Cartrabbit displayed on the Website (collectively the “Trademarks”) are owned by Cartrabbit. Nothing on this Website should be construed as granting any license or right to use the Trademarks without written permission of Cartrabbit or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Website, except as provided in these Terms is strictly prohibited. You are advised that Cartrabbit will aggressively enforce its intellectual property rights to the fullest extent of the law.
Cartrabbit respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition of your use of the Site, you agree not to use any feature of the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to Website of any user who are repeat infringers of the copyrights, or other intellectual property rights, of Cartrabbit or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
The User agrees to be solely responsible for and bear the risk of sharing any intellectual property rights owned by them through the Cartrabbit’s website. You shall not hold Cartrabbit responsible for any infringement of intellectual property rights by any other user/ third party.
Cartrabbit will not use any of user’s confidential information except in connection with the performance of the services or the exercise of its rights under these terms and will take all reasonable precautions to maintain the confidentiality of user’s confidential information and to prevent the unauthorized disclosure to others of the confidential information. Cartrabbit shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to user by inadvertent breaches of confidentiality.
Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’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 should be directed to the third-party.
Further, the Company uses certain third party resources in order to provide the services to its users. The User acknowledges and agrees that Company is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by the User, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the website provided through such external third party services or resources.
SERVICE LEVEL UNDERSTANDING
The Company shall endeavor to ensure 99% uptime of its Website. However, the User shall not construe this as a guarantee by the Company, and the User shall not hold the Company liable for any reasonable failure of the Company to ensure the uptime.
In the event of the failure of the Company to provide the aforementioned service standards, the Company in its sole discretion may provide to the User monetary credits equivalent to the lost period due to the failure in Service commitments. In the event the Company determine to pay the monetary credits to You for its failure to meet the service standards, the monetary credits shall be reflected on your monthly invoice, and the sum of the monetary credit shall be deducted from the subscription fees payable by You.
Without limiting anything else in this Agreement, you must not use (or cause or permit to be used) this website or the Services:
- in any way that causes, or may cause, damage to our website or the Services, or impairment of the availability or accessibility of our website or the Services;
- in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal data of another individual without their knowledge and consent;
- to post, transmit, or otherwise make available, any material that may violate: a) our proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith; for any commercial purposes other than those which are expressly set out in this Agreement;
- to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without our prior express written consent;
- to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using the Services for purposes which are unrelated to the Services);
- to attempt to gain (or gain) unauthorized access to other computer systems through the Services, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- in a manner that is disrespectful toward Cartrabbit employees, which may involve actions, words or physical gestures that could reasonably be perceived to be the cause of the employee’s distress or discomfort; or
- in a manner which is otherwise contrary to this Agreement. Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services, by us.
FAIR USE POLICY
The Company believes in software Freedom and strive to provide low cost, high quality services surrounding their software. In order to keep the costs low, without placing artificial restrictions, we have a fair use policy in place. In no event shall we provide support to anyone who is seeking our support for more than three domains per month. This restriction is in place to deter edge cases, like a hosting provider buying a single subscription, installing the software on all of his clients’ sites and then overflowing our support services with its client’s requests. If such behaviour is detected, we regret to inform you that we will immediately terminate the user account without a refund.
Moreover, The Company and shopjar.co reserves the right to terminate any account which is supected in being implicated in unlawful or abusive activity, including –but not limited to– unsolicited mass distribution of our for-a-fee software. Account termination is in the sole discretion of The Company and Flycart and we reserve the right to not provide any prior warning or further information.
We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system. We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.
You agree to Cartrabbit sending you notifications and important messages time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CARTRABBIT NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS. INDEMNITY
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARTRABBIT AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) THE USE OF THE WEBSITE BY USER OR ANYONE USING USER’S ACCOUNT; (B) THE VIOLATION OF THESE TERMS OF SERVICE BY USER OR ANYONE USING USER’S ACCOUNT; OR (C) THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY USER OR ANYONE USING USER’S ACCOUNT. RESTRICTED LOCATION
CARTRABBIT MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE INDIA. USERS WHO ACCESS THE WEBSITE FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND INITIATIVE AND MUST BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.
UNLESS TERMINATED BY THE CARTRABBIT, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE ANY OF THE SERVICES. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DELETING ALL YOUR PERSONAL INFORMATION PROVIDED TO CARTRABBIT AND DELETING THE USER ACCOUNT WITH CARTRABBIT. IN THE EVENT IT IS DETERMINED BY CARTRABBIT THAT YOU HAVE VIOLATED ANY OF THESE TERMS, WE SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND YOUR ACCOUNT AND TERMINATE THE SERVICES FORTHWITH. ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES MAY BE EFFECTED BY US WITHOUT PROVIDING YOU WITH A PRIOR NOTICE IN THIS REGARD.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE. In addition, Cartrabbit does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Cartrabbit attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW THE COMPANY, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will not be liable for the failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: a) acts of God; or b) failure or disruptions in third-party-controlled or operated communications facilities; or c) worms, viruses and other disabling or disruptive software, communications or files.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void
GOVERNING LAW & JURISDICTION
CHANGES IN TERMS