Rocket Flyer Technology Private Limited (“Rocket Flyer Technology” or “RocketFlyer” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 2013.
Rocket Flyer Technology is engaged in the business of providing digital solutions through web/QR/WhatsApp based digital platform(s) (“Rocket Flyer Technology Platform”) which enable the merchants to connect to their customers inter alia by way of integration of social media platforms, in store ordering & billing system, bank/payment gateways and delivery partners (“Rocket Flyer Technology Services”).
Rocket Flyer Technology has developed an exclusive URL (“Rocket Flyer Technology URL”) for each of the merchant listed/registered with Rocket Flyer Technology (“Merchant”) in order to provide Rocket Flyer Technology Services to the customers of the Merchant / user of the Rocket Flyer Technology URL (“Customer” or “you” or “your”). Further, Rocket Flyer Technology has developed a mobile application namely ‘RocketBuy App’ for assisting the Merchant(s) inter-alia with respect to registration process with Rocket Flyer Technology and processing of Customer’s orders through the Rocket Flyer Technology URL.
Rocket Flyer Technology URL enables the Customers to place orders for / purchase products of the Merchant (“Order”) by getting access to the products offered/available with the Merchant. Merchant shall be solely liable for quality, efficiency, availability and merchantability of its products and services - Rocket Flyer Technology shall not be responsible for these aspects.
Customers have the option of self pick-up of the Orders from the Merchant’s store, or getting the Order delivered to their address provided by them on the Rocket Flyer Technology URL.
In case the “Delivery” option is selected by the customer than "Proof of Delivery" shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer (i.e. Courier Company’s delivery confirmation or/and delivery confirmation by the Customer).
Please note that delivery of the Orders is done by the Merchant himself (or through a third party), hence the Merchant shall be solely liable and responsible in relation to delivery of the Orders to the Customers.
Rocket Flyer Technology does not provide delivery services, hence shall not be liable and responsible in relation to the delivery of the Orders to the Customers.
All disputes in relation to the delivery/non-delivery of Orders shall be directly raised and settled by the Customers with the Merchant, without the intervention of Rocket Flyer Technology.
Merchant shall dispatch/render the Products to the Customer only upon receipt of transaction confirmation from Payment Gateway Service Provider. Payment Gateway Service Provider shall give confirmation only upon receipt of transaction confirmation in respect of the Transaction from the Acquiring Bank. Payment Gateway Service Provider shall not be responsible for any Transactions that have not been confirmed with Payment Gateway Service Provider by the Acquiring Banks.
Merchant shall ensure that it maintains Proof of Delivery with respect to each Transaction initiated through the Merchant Site for a period of at least one (1) year from the date of Delivery. Proof of Delivery shall be open for inspection by Payment Gateway Service Provider and/or the Acquiring Banks at all times during working hours on Business Days to ensure compliances, address chargeback queries.
Notwithstanding any other Clause of this Agreement, you understand that Payment Gateway Service Provider and/or the Acquiring Bank and/or Nodal Bank reserve the right to call for Proof of Delivery, at any time, before and/or after settlement of Settlement Amount to the Merchant’s Bank Account with respect to any Transaction. Payment Gateway Service Provider and/or the Acquiring Banks have the right to reverse Customer Charge amount to the Customers and/or reject the Customer Charge to Merchant, if Proof of Delivery is not provided in accordance to this Agreement.
Merchant/courier company shall deliver the Product within the Delivery Due Dates specified at the time of making the transaction on the Merchant Site. If you are unable to deliver the whole or any part of the Transaction within the Delivery Due Date, you shall forthwith inform the Customer and take immediate action to refund the Customer Charge in whole or in part as per the Customers instructions.
All risks associated with the Delivery shall be borne solely by the Merchant and not Payment Gateway Service Provider and/or Rocket Flyer Technology. Any and all disputes regarding quality, merchantability, non-Delivery, delay in Delivery or otherwise shall be resolved directly between the Customer and the Merchant without making Rocket Flyer Technology, and/or Payment Gateway Service Provider and/or the respective Acquiring Bank a party to such disputes.
Products listed on the Rocket Flyer Technology URL will be sold at MRP, unless otherwise specified.
Typically, the price mentioned at the time of ordering will be charged on the date of the delivery.
However, prices of certain products/items may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be) or by the Merchant.
Prices shown are mentioned by the merchant/seller. Merchant shall communicate if any additional taxes, duties, levies and alike charges are applicable (in case the prices are not tax inclusive) upon confirmation of order. Customer shall solely be responsible for payment of all applicable levies, duties, taxes and alike charges in relation to the products and services. This includes and is not limited to payment of GST.
Rocket Flyer Technology may, in its sole discretion, provide rewards/cashbacks to any or all Customers as per its internal policies.
All aspects/policies pertaining to the aforesaid rewards/cashbacks (including but not limited to introduction, amount, criteria, mode, modification, payment and withdrawal) shall be solely decided by Rocket Flyer Technology. In case of any abuse, misuse or fraud by the Customers with respect to rewards/cashbacks, Rocket Flyer Technology shall have the right to hold and/or adjust the payment of the Customers.
Rocket Flyer Technology may, in its sole discretion, provide discounts to any or all Customers as per its internal policies.
All aspects pertaining to the aforesaid discounts (including but not limited to discount , amount, criteria, mode, modification and withdrawal) shall be decided by Rocket Flyer Technology.
Customers shall have the option to make payment for their Orders on the Rocket Flyer Technology URL (through various available modes viz. credit card, debit card and UPI) or through cash on delivery mode directly to the Merchant. These payment modes will be decided and modified by Rocket Flyer Technology from time to time. Rocket Flyer Technology has the right to use only selective payment methods. As a consideration for rendering the Rocket Flyer Technology Services, Rocket Flyer Technology may charge/be paid by the Customers, the fees / Per Transaction Fixed Charge (PTFC) / Payment Service Charge per transaction (PSC), as decided and informed by Rocket Flyer Technology from time to time.
Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items).
In certain cases (including but not limited to selling illegal products/items), Rocket Flyer Technology shall have the right to cancel the Orders (or any product therein).
For pre-paid Orders, in the event of any cancellation or rejection of the Order or any particular item(s) in the Order by Rocket Flyer Technology or Merchant, due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of cancellation/rejection.
For pre-paid Orders, if the amount for an Order / item therein is debited from the Customer’s account/card however the Order is not successful, then the concerned amount along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the payment date.
Rocket Flyer Technology and/or Merchant reserves the right to put necessary limits / restrictions on the Orders, including but not limited to the number of Orders by a particular Customer and minimum & maximum value of the Orders.
Rocket Flyer Technology does not provide or make any representation, warranty or guaranty, express or implied, about the Rocket Flyer Technology Services, Rocket Flyer Technology Platform and Rocket Flyer Technology URL, and to the fullest extent permitted by law disclaims all liability arising out of the Customer’s use or reliance upon the same.
In addition to other limitations and exclusions in these T&Cs, in no event shall Rocket Flyer Technology, 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 Rocket Flyer Technology Services, Rocket Flyer Technology Platform and Rocket Flyer Technology URL.
Rocket Flyer Technology shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be made directly against the Merchant.
Rocket Flyer Technology neither makes any representation or warranty as to specifics (such as quality, value, salability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the Rocket Flyer Technology URL, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the Rocket Flyer Technology URL.
Rocket Flyer Technology accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant).
Any contract for sale of any product(s) or service(s) on Rocket Flyer Technology applications/URL shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. Rocket Flyer Technology shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, Rocket Flyer Technology shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. Rocket Flyer Technology shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant.
It is hereby clarified that Rocket Flyer Technology is only a technology provider / intermediary / ecommerce facilitator and that Rocket Flyer Technology is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockiest and/or distributor. Rocket Flyer Technology has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and Rocket Flyer Technology only provides a platform for facilitating Orders. Further, Rocket Flyer Technology shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues).
Details of the items, products, menu, price list, etc. available on the Rocket Flyer Technology URL are based on the information provided by the Merchant, and Rocket Flyer Technology shall not be responsible for any change or cancellation or unavailability.
In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs.
In the process of placing the Order, Rocket Flyer Technology may collect certain personally identifiable information about the Customer such as name, email address, mobile phone number and contact details. Rocket Flyer Technology is committed to protect the personal information of the Customers and to take all reasonable precautions for maintaining confidentiality of the Customer’s personal information.
Rocket Flyer Technology 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.
Customer fully understands that usage of the Rocket Flyer Technology applications by the Customers may create or generate database. All rights and ownership with respect to such database and information therein shall vest with Rocket Flyer Technology. Rocket Flyer Technology shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of Rocket Flyer Technology applications.
Any conversations / correspondences between the Merchant and Customer (including any WhatsApp conversations/messages/call or through any other application or mode) shall be considered as private, and Rocket Flyer Technology shall not be deemed to be a party to such conversations / correspondences.
Limited Sub-License: Rocket Flyer Technology grants you a limited sub-license to access and make personal use of the Rocket Flyer Technology URL and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rocket Flyer Technology. This license does not include any resale or commercial use of Rocket Flyer Technology URL or its contents; any collection and use of any product listings, images, product images, brand images, descriptions, or prices; any derivative use of Rocket Flyer Technology URL 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. Rocket Flyer Technology URL 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 Rocket Flyer Technology. It is hereby clarified that Rocket Flyer Technology shall not be responsible for any copyright or intellectual property issue in relation to the suggested product images (as available on the Rocket Flyer Technology applications) and in relation to the product images uploaded by the Merchant.
Eligibility: Services of the Rocket Flyer Technology URL will be available only in select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Rocket Flyer Technology URL. If you are a minor, you may use the Rocket Flyer Technology URL only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.
Indemnification: You agree to defend, indemnify and hold harmless Rocket Flyer Technology, 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 Rocket Flyer Technology, Merchant 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.
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.
Modification: Rocket Flyer Technology reserves the right to modify or change these T&Cs and other Rocket Flyer Technology policies at any time by posting changes on the Rocket Flyer Technology URL/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies.
Termination: Rocket Flyer Technology may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the Rocket Flyer Technology URL. Any such termination will be without any liability to Rocket Flyer Technology.
Severability: If any of the provisions of these T&Cs should be 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.
Governing Law and Jurisdiction: Without prejudice to the above, these terms and conditions shall be construed in accordance with the applicable laws of India, and the Courts at Gurgaon, Haryana shall have exclusive jurisdiction in any proceedings arising out of these terms and conditions/between Rocket Flyer Technology and the Customer.