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Terms of Service

Terms of Service

 

PetCrazyShop is owned by __, licensed and managed by __ (“Company”, “We”, “Us”, or “Our”) is a private limited company having its registered office at ____which operates the website www.petcrazyshop.com (collectively hereinafter referred to as the “Platform”). These Terms of Service (“Terms”) govern Your access to or use of the Platform and the Services (as defined below) made available on the Platform. By accessing the Platform or using the Service, You agree to these Terms. Your access to or use of the Service is conditioned on Your acceptance of and compliance with these Terms and other policies of the Platform. The Company requests You, the users of the Platform (“User”, “You”, “Your”), to please read these Terms and all other policies of the Platform (“Platform Policies”) carefully before using or registering on the Platform. If You do not agree with these Terms or any other Platform Policies, please do not access the Platform or use the Service.

 

Unless you notify us in writing, of your intention to opt out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls and messages through different mediums for soliciting Products.

 

The Company provides the service of: (i) offering for sale various pet care products including food, toys, accessories, medicines for pets on the Platform (“Product(s)”), and (ii) facilitating certain services customized for pet owner’s needs including photography, gift customization, etc on the Platform (collectively the “Services”).

 

These Terms: (i) will be considered to be an electronic record under the Indian data privacy laws including the Information Technology Act, 2000 read with rules and regulations made thereunder; and (ii) will not require any physical, electronic, or digital signature by the Company.

 

1. Eligibility and Access

 

1. Access and Use of Service

 

2. Acceptable Use

 

3. Fees and Payment

 

4. Ownership

 

5. Copyright and Intellectual Property Policy

 

If You do not follow these requirements, Your notice may not be valid.

 

6. Privacy
Your privacy is important to us. Our Privacy Policy explains how We collect, use, handle and share personal information and other data. Please refer to Our Privacy Policy available at [].

 

7. License to Use the Service and Platform
  • Subject to compliance with the Terms, the Company hereby grants You a personal, royalty-free, limited, non-assignable and non-exclusive license to use the Service and the Platform. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service for Your personal and non-commercial use, in the manner permitted by these Terms. You agree not to use the Service for any public performances.

  • You may access the Service only in geographic locations within India.

  • You agree to use the Service only: (a) for purposes that are permitted by the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use or access of the Service by other Users.

  • You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the Platform. You shall not use any deep-link, 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 of the Service or Company Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service.

  • You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.

 

8. Third Party Content and Interactions
  • With respect to the facilitation of the services on the Platform, the Company acts purely as an "intermediary" as defined under Information Technology Act, 2000 or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. The Company expressly excludes any kind of liability relating to any communication with any third parties. Being an “intermediary”, the Company has no responsibility and / or liability in respect of any content uploaded on the Platform, including without limitations, for intellectual property rights infringement, defamation, illegal content, or any other violation under applicable laws. All content, which is hosted and transmitted on the Platform, is the sole responsibility of the person who provides, publishes, or posts such content.

  • The views expressed by Users on the Platform are not controlled by the Company, and do not represent the views or values of the Company. You acknowledge and agree that the Platform only facilitates access to telecommunication and the Company is not obligated to monitor access to or use of the Service by You or third parties. However, should it come to the knowledge of the Company that Your use of the Service is in violation of any applicable law or these Terms, then the Company has the right to enforce these Terms, and take such actions it may deem necessary to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.

 

9. Links
The Platform may contain links to social media platforms or third - party websites. You acknowledge and agree that the link does not mean that the Company endorses or is affiliated with such third platform or website. You further agree and acknowledge that the Company is not responsible or liable for (a) the availability or accuracy of such third - party platform or website; (b) the content, products, or services on or available from such websites or resources; or (c) for any damages, losses, costs, expenses, or liabilities related to Your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

 

10. Changes to the Platform
You acknowledge and agree that the Company may change or discontinue any aspect of the Platform at any time, without giving any notice to You.

 

11. Termination and Reservation of Rights
You may cancel Your Account at any time by writing to the Company at support@petcrazyshop.com. The Company reserves the right to terminate Your Account or block Your access to the Platform, at any time, for any reason, in its sole discretion. If You violate any of these Terms, Your permission to use the Platform automatically terminates.

 

12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, and their officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Company Party,” and collectively, “Company Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms, or Privacy Policy; or (b) use of the Platform. The Company may select counsel for and control the defense of any claim that You are indemnifying. Further, You agree to hold the Company Parties harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

 

13. Disclaimers and Limitations on Our Liability
  • You acknowledge and agree that Your use of the Platform is at Your own risk and that the Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Company disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of or in the course of dealing with or usage of the Platform.

  • In particular, the Company make no representations or warranties about the accuracy or completeness of content available on or through the Platform, third party website linked to or integrated with the Platform, the Services or the Products. The Company does not warrant or endorse the effectiveness, quality or safety of the Products or Services available on the Platform. The Company disclaim all responsibility for any harm to the patients resulting from any Product/ Services available on the Platform.

  • You acknowledge and agree that the Company will have no liability for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury, property damage, or other harm resulting from Your access to or use of the Platform; (iii) any unauthorized access to or use of Our servers, any personal information, or User data; (iv) any interruption of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through the Platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through the Platform.

  • You acknowledge and agree that when using the Platform, You will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against any Company Party with respect thereto.

  • The Company shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond the Company’s control.

  • The Company shall not be liable for any deficiency of Services if any arises including but not limited to cancellation of order due to any unavailability of the service providers. We shall not be liable for the general conduct of the service providers, any unwarranted act performed by the service providers or any advise or opinion given by the service providers.

  • The Platform is only an intermediary with respect to the teleconsultation services and cannot be held liable for any dispute/claim/damages etc. that arise between the service providers and the Users for whatsoever reason it may be.

  • The Company ensures that the pricing and availability of Products and Services on the Platform is accurate and up to date. However, rarely, there may be an error on the pricing of a Product/Service or an error related to Product availability. In such cases, We are not responsible for any typographical errors and We reserve the right to cancel the sale.

  • To the fullest extent permitted by applicable law, You acknowledge and agree that in no event will any Company Party be liable to You or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages.

  • To the maximum extent permitted by applicable law, the Company’s total cumulative liability to You or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the amount paid by You at the time of purchase of goods or purchase of Services on the Platform during, immediately preceding the date of the claim.

  • You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and You.

 

14. Violation of the Terms
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

15. Suspension and Termination
  • The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

  • The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.

  • If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

  • You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.

  • The Company shall have the right to cease/terminate the relationship by giving You a prior twenty-four (24) hours’ written notice.

 

16. Other Provisions
  • Force Majeure: Under no circumstances will the Company be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, any natural disasters such as any epidemic or pandemic, or any other event or cause beyond the reasonable control of any Company Party.

  • Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of India, without giving effect to any conflict of laws rules or provisions. Any disputes arising in relation hereto between You and any Company shall be subject to the exclusive jurisdiction of courts at Kolkata, India.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

  • Waiver and Severability: The failure by the Company to enforce any right or provision of these Terms will not prevent Company from enforcing such right or provision in the future and will not be deemed to modify these Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

  • Assignment: The Company may, at any time, assign its rights and obligations under these Terms, to any third party.

  • Entire Agreement: These Terms and the Platform Policies are the entire and exclusive agreement between the Company and You regarding the Servicess, and these Terms supersede and replace any prior agreements between the Company and You regarding the Services.

  • Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

 

17. Changes to these Terms
The Company may revise or modify or amend these Terms at any time. If We do, We will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. It shall be Your responsibility to check these Terms periodically for changes. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

 

18. Grievance Redressal
  • Any complaints arising from the access or usage of the Platform may be addressed to the following grievance officer:

  • Name of the Grievance Officer: Jit Lahiri (“Grievance Redressal Officer”)

  • Contact information: support@petcrazyshop.com

 

19. Delivery
- The Company partners with third-party logistics service providers in order to facilitate the shipping and delivery of your purchased Product(s) (“Logistics Partners”). You will be provided with a tentative timeline for the delivery of the Product purchased from the Company, on the order confirmation page displayed at the time of order confirmation by the Company

 

- You agree and understand that though the Company endeavours to ship and deliver the Products all across India, the Company may, in its sole discretion determine a select list of areas which are unserviceable for delivery of Products for select period of time or intimate you delay in delivery beyond estimated delivery timelines, due to unavoidable circumstances including but not limited to logistics issues beyond the control of the Company/its Logistics Partner, unsuitable weather conditions, political disruptions, strikes, employee lockouts, acts of God such as floods, earthquakes, etc. and other unforeseeable circumstances

 

- You agree and acknowledge that to facilitate timely delivery of the purchased Products to you, the Company may inquire or collect specific information like your name, shipping/billing address, landmark, contact details, etc. You shall ensure that all information that is submitted by you on the Platform is true, complete, accurate and sufficient to identify the actual place of delivery. The Company shall not be liable in any manner and at any point in time for delayed or failed delivery due to submission of incorrect or incomplete information by You.

 

- Once you place an order on the Platform, the Company processes such order and hands over the purchased Product to the Logistics Partners. You will receive a unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable you to track the status of delivery of the purchased Product(s). You may use the tracking identity number on the Platform or the website and/or the mobile application of the Logistics Partner to check the status and location of the purchased Product and its tentative time of delivery.

 

- You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you. You agree that the Logistics Partners are authorized to collect cash on the behalf of the Company for ‘cash on delivery’ orders and shall be governed by the policies of the Platform

 

20. Communications
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company relating to the Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications from the Company SMS and e-mail anytime by visiting the Platform. In which case, the Company will only send You communications solely required for the purposes of the Services provided through the Platform. By using the Website and/or registering yourself at petcrazyshop.com you authorize us to contact you via email or phone call or SMS or WhatsApp and offer you our services, imparting product knowledge, offer promotional offers running on the website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you have also registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from PetCrazyShop for the above-mentioned purposes.

 
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