PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING “PETSNMORE”. YOUR USE OF THIS PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND TERMS OF USE (COLLECTIVELY HEREINAFTER REFERRED TO AS THE “TERMS OF USE OR TERMS AND CONDITIONS”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OTHER POLICIES OF THE PLATFORM, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
The Application “petsNmore” and website www.petsnmore.ai (hereinafter referred to as the “Platform”) are owned and operated by Totus Animalibus Management Technologies Private Limited (hereinafter referred to as the “Owner” or “Company” or “We” or “Us”), a company incorporated under the Companies Act, 2013 of India, having its registered office at 12C, Tower D, Viceroy Park, Thakur Village, Kandivali, Mumbai – 400101, Maharashtra, India and is the sole owner, operator, author and publisher of the Platform.
We recommend that before using any of the services on this Platform, you must read and agree to these Terms and Conditions as well as our Privacy Policy, Refund and Return Policy.
By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing or contributing content or other materials on it, you agree to be bound by these Terms and Conditions. Your access to or use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions and other policies of the Platform.
These Terms of Use along with any other policy or statement or information that may be placed on the Platform, as modified or amended from time to time, are a binding contract between the Company and You, who either access or uses the Platform (hereinafter referred to as “You”, or “User”, or “Your” or “Buyer” or “Customer”).
By accessing, downloading, installing, using, subscribing or registering on the Platform, the User represent to the Company that the User is competent to enter into a contract (i.e. User is a major according to the appliable law, is of sound mind and is not disqualified from entering into a contract under the Applicable Law) and the User have read this Terms and Conditions, understood it and agree to be bound by it. Please review the Terms and Conditions carefully before accessing, downloading or installing the Platform. If you do not want to be bound by this Terms and Conditions, you must not access, subscribe to or use the Platform. Minors will have access to the Platform under the supervision of their guardian or parents and as per the Terms and Conditions mentioned herein.
In addition, when you use any current or future services of the Company or visit or access or purchase from any business affiliated with the company or third-party vendors, whether or not included in the Platform, you also will be subject to the guidelines and conditions applicable to such service, vendor or merchant.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
The headings of the sections of this Terms and Conditions have been inserted only to facilitate reference and shall not be taken as being of any significance whatsoever in the construction and interpretation thereof.
“Applicable law”shall mean any law, statute, order, decree, rule, injunction, license, permit, consent, approval, agreement and/or regulation of any government authority, and/or other legislative or administrative action of a government authority, and/or a final decree, judgment or order of a court which relates to and/or shall be rendered applicable, directly or indirectly, to the provisions of this Terms and Conditions, and/or the Company and/or the User.
“Modules”shall include all features, attributes and user journeys which the User experiences on the Platform
“User”shall mean legal natural person accessing or using the Device, Service, and/ or Platform provided by the Company.
"Pet or Pets"shall refer to any animal, bird, reptile etc. that User keeps at home or allow into the home, and for the purposes of this Terms & Conditions shall include an amphibian, bird, fish, insect, mammal, reptile or any other living creature, who is dependent on the User financially, operationally and/or in any other way, either in whole or in part, and been subject to the Device at the User’s discretion, either solely or jointly with other Users.
Devicemeans any device, that can access the Platform, Product or Service, such as a computer, a mobile/cellphone or a digital tablet or any such digital device.
Productsmeans accessories, apparel, food, other goods, products and services under the Brand “petsNmore” or third party products and services provided or offered on the Platform.
Servicerefers to the services or features provided on or through the Platform.
Accountmeans a unique account created for You upon Your registration to access and use the Platform and Service or parts of that.
Intellectual Property Rights (IPR)means any patent, copyright, moral right, trademark, service marks, lables, commercial names, logo identity, logo, text, graphics, guidelines, domain names, designs, layouts, compilation, contents, business processes, know how, software, programs, process, source code, concept, idea, systems, process flow, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any other intellectual property right arising under any applicable laws and all ancillary and related right, including all rights of registration and renewal and causes for action for violation, misappropriation or infringement of any of the foregoing
3.1 Notwithstanding anything contained herein, the Company retains all rights, title, interest and benefits to the Platform and/or Services. For clarification of doubt, nothing in this Terms and Conditions for the time being in force shall preclude any and all rights of the Company, which may vest on it, either directly and/or indirectly, under any other contract, applicable law and/or equity.
3.2 The Company reserves the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Platform and/or Services at any given time without notice, in order to prevent degradation of the Services provided under this Terms and Conditions, or in case of any breach or violation or threatened breach or violation of this Terms and Conditions, or in case the Company learns of a possibility of breach or violation of this Terms and Conditions, which the Company in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Platform and/or Services and the services associated thereto, or to avoid any liability, civil or criminal, on the part of the Company, or for any other appropriate reason. For clarificatory purposes, it is hereby stated that the User understands, affirms, acknowledges, appreciates and agrees that the Company, is not liable for any loss or damages of whatsoever nature that may result from any of the above.
3.2 The Company reserves the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Platform and/or Services at any given time without notice, in order to prevent degradation of the Services provided under this Terms and Conditions, or in case of any breach or violation or threatened breach or violation of this Terms and Conditions, or in case the Company learns of a possibility of breach or violation of this Terms and Conditions, which the Company in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Platform and/or Services and the services associated thereto, or to avoid any liability, civil or criminal, on the part of the Company, or for any other appropriate reason. For clarificatory purposes, it is hereby stated that the User understands, affirms, acknowledges, appreciates and agrees that the Company, is not liable for any loss or damages of whatsoever nature that may result from any of the above.
3.3 The Company reserves the right to discontinue any and all Modules provided to the User on the Platform for any reason whatsoever. The User affirms, acknowledges, understands, and agrees that nothing in this Terms and Conditions, expresses and/or implies in any manner whatsoever, any guarantee and/or warranty in relation to any of the Modules made available herein.
3.4 Any coupons and promotions provided by the Company are only for limited period of time. Notwithstanding anything contained herein, none of the promotional offers are binding on the Company at any point of time and can be withdrawn with or without providing sufficient cause and notice.
3.5 The Company periodically may provide Modules and updates, in relation to the Platform and/or Services. User shall obtain such Modules and updates only from the Company, and the Company may request the User to update the User’s Device to provide it with those updates and Modules. By accepting this Terms and Conditions, the User specifically agrees to receive these types of automatic updates without any additional notice. All this Terms and Conditions shall be applicable mutatis mutandis to such updating patches provided by the Company.
3.6 The Company reserves the right to amend, change, upgrade and/or downgrade any and all of the aspects of the Platform and/or Services and/or the associated services at any point of time for any reason whatsoever without any notice.
4.1 NOTWITHSTANDING ANYTHING CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, VENDORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VENDOR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO THEM OR THE USER IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE PLATFORM. COMPANY IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, THE LOSS OF OR DAMAGE TO THE USER’S CONTENT AND DOCUMENTS INCLUDING ANY LOSS OR DAMAGE RESULTING FROM THE SUSPENSION OR TERMINATION OF THE PLATFORM OR THIS TERMS AND CONDITIONS.
4.2 NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE TOTAL LIABILITY OF COMPANY TO THE USER (ALONGWITH ITS PERMITTED ASSIGNS, DIRECTORS, VENDORS, AGENTS, EMPLOYEES, HEIRS, SUCCESSORS AND/OR AUTHORISED REPRESENTATIVES) SHALL NOT BE MORE THAN TOTAL COST OF THE SUBSCRIPTION FEE RECEIVED FROM THE USER UNDER THIS TERMS OF USE AT ANY GIVEN INSTANCE.
4.3 THE USER IS RESPONSIBLE FOR MAINTAINING THE SECURITY, INTEGRITY, HEALTH AND BACKUPS OF USER’S DATABASE. COMPANY CANNOT AND WOULD NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF THE USER’S DATA RESULTING FROM THE USER’S FAILURE TO COMPLY WITH THIS OBLIGATION.
Company reserves the right to change, modify, vary, amend or alter all or any of the Terms and Conditions at any time and at its sole discretion without any notice. The most current version of the applicable Terms and Conditions after all changes, modifications, adjustments, amendments and alterations shall be available here. However, it is the responsibility of the User to keep himself/ herself updated periodically regarding such amendments and modifications and review the latest Terms and Conditions from time to time. The Company shall in no case be held liable in respect of such amendments and modifications. The User hereby agrees and undertakes to abide by all applicable guidelines, policies, rules, Terms and Conditions for access, use and availing the Products and Services on the Platform, which may change from time to time.
The Company grants You a personal, limited, non-assignable and non exclusive license to access and make personal use of the Platform and Services subject to compliance with the Terms and Conditions and applicable laws.
The following actions will be considered as misuse of the Platform, and are thus prohibited:
You are not allowed to reproduce, modify, distribute, display any portion, publish any content or make any commercial use of any of the information provided on this Platform.
You shall not distribute in any form, any information, or other material that violates, infringes the Intellectual Property Rights or other proprietary rights of the Company or its Affiliates or vendors.
You are not allowed to republish, archive or retain any content on the internet, intranet, extranet, database, archive or compilation. You are not allowed to use any content for commercial purposes.
You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform, and not to insert any code or product or manipulate the content in any way that affects the user’s experience.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform.
You are not allowed to access or use the Platform to obtain information to build a similar or competitive platform, application, website or provide similar Services.
You are not allowed to use the Platform in any manner that is illegal or impairs the operation of the Platform or its availability or usage by others.
You further agree not to use any data mining, bugs, viruses, worms, web crawlers, cancel bots, spiders, trojan horses, etc. or other harmful code of properties or any data gathering or extraction method in connection with your use of the Platform.
You are not allowed to make any use of the Platform for the benefit of another business.
You are not allowed to post unsolicited, illegal, promotional or advertising content.
We hereby hold no liability for any sort of damage or harm caused to Your software, data or Devices by downloading content from the Platform.
The Products and Services offered on the Platform are only for end user and not for resell or any commercial use.
You shall not make any remarks, comments, or statements, whether verbal or written which is disparaging, derogatory, illegal, grossly harmful, misleading, deceptive, false, inaccurate, harassing, threatening, abusive, offensive, blasphemous, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, relating or encouraging money laundering or gambling, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam or otherwise unlawful, objectionable or injurious in any manner whatever to third parties.
Use of the Platform is available only to persons who can form legally binding contracts under India 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 Platform.
Minors under the age of 18 may access the Platform strictly under supervision of their legal guardian or parents. As a minor, if you wish to purchase an item on the Platform, such a purchase may be made by your legal guardian or parents.
The Platform and Service are not available to any Users suspended or removed from the system by the Company for any reason.
Users shall not have more than one Account. Maintaining more than one Account by User shall amount to fraudulent act on part of the User and attract actions against such Users. Additionally, Users are prohibited from selling, trading, or otherwise transferring Your Account to another person or party. If You do not qualify, You shall not use the Platform.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using Your Account/e-mail/mobile number provided by You to the Company or payments made by any third party.
In consideration of Your use of the Platform, You represent that you are eligible and of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about Yourself and Your Pet as prompted by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or become untrue, in accurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, in accurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof). If You use the Platform, You are responsible for maintaining the confidentiality of Your Account and password including cases when it is being used by any of Your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from Your Account and any dispute arising out of any misuse of Your Account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Considering the same, we strongly recommend that You exit from Your Account at the end of each session. You agree to notify the Company immediately of any unauthorized use of Your Account or any other breach of security. The Company reserves the right to refuse Service, terminate Accounts, or remove or edit content in its sole discretion.
If You are a business entity or a person acting on behalf of any business entity, You hereby represent and confirm that You are duly authorized by such business entity to accept and You hereby accept these Terms and Conditions and You have the authority to bind that business entity to these Terms and Conditions.
While the Company strives to provide accurate product and pricing information, typographical errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its sole discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. The Company will have the right to modify the price of the Product or Services and contact You for further instructions using the email address or contact number provided by You during the time of Account registration or cancel the order and notify You of such cancellation.
The price of all Products and Services, delivery charges and any other applicable charges are displayed in Indian Rupees (INR). All prices are current at the time of display, but these prices are subject to change without notice.
The Company has made every effort to display as accurately as possible the colors of the Products that appear on the Platform. Further, the Company has ensured that the measurements, information, details and description for Products and Services furnished on the Platform are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials or otherwise, actual measurements or colours of individual Products might vary slightly.
We offer You promotional discount codes that are applicable on the purchases made on the Platform. These discount codes can be applicable on all or certain specified Products or Services. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.
As a condition of purchase, the Platform requires Your permission to send You administrative and promotional messages/emails/calls. We will send You information regarding Your Account activity and purchases, as well as updates about Our Products, Services and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to You. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
You are required to create an Account in order to purchase any Product or Service from the Platform. This is required so We can provide You with easy access to print Your orders and view Your past purchases.
The Platform takes no responsibility for the Services or Products that are sold, provided or supplied by third party vendors. The Company makes no warranty to their Users for the quality, safety, usability, or other aspect of a Product or Service that is supplied by a merchant or third party vendors.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products and Services from Us and You agree to bear any and all applicable taxes and charges including but not limited to CGST/SGCT or IGST, duties and cesses, bank charges, payment gateway charges etc.
There may be information on Our Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice (including after You have submitted Your order).
In the event a Product or Service is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, the Company shall have the right to refuse or cancel any orders placed for such Product or Service whether or not the order has been confirmed and payment is made. If We have received the payment for Your purchase and Your order is cancelled, the Company shall immediately issue credit note or refund.
In case you buy or purchase any Product or Services on the Platform then for such transactions, the parties to the contract will be the Company and You/User and the Terms and Conditions of this Platform shall be applicable and constitute the terms and conditions of such contract. By placing an order, You confirm that You have read and understood the Terms and Conditions and accept them.
11.1 Payment must be made at the time the Products and/or the Services are ordered (unless you opt for the Cash-on-Delivery option). When you place an order, you will be automatically redirected to the third party payment gateway website, where all required transaction details (eg. name, credit/debit card number, expiration date, CVV etc.) are captured. At no time during the purchase process or thereafter, do We have access to, or store, Your complete card account information. Also, We do not capture any UserID or passwords at the time of Your payment and You enter this information directly into a bank secure system.
11.2 The User can pay by credit card, debit card, net banking and/or any other Reserve Bank of India approved payment method at the time of making such payment which is made available by the Company. The User understands, accepts, acknowledges and agrees that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity in any manner whatsoever.
11.3 The User agrees, affirms, acknowledges and understands to pay the Company the total amount for any of the Product and/or Services including license/service made available/provided, either directly and/or indirectly, in relation to the Platform. The Company will collect the total amount in accordance with these Terms and Conditions and the pricing terms as applicable in that particular transaction along with applicable taxes.
11.4 The User agrees, affirms, acknowledges and understands that the Company cannot control any amount that may be charged to the User by its respective bank or payment gateway related to the collection of the total amount owed to the Company, and the Company disclaims all liability in this regard. The User hereby authorizes the collection of such amounts, either directly by the Company or indirectly, via a third-party online payment processor.
11.5 The User hereby understand and agrees that in connection with any payments in relation to any and all matters dealt with under these Terms and Conditions, the User will be asked to provide customary billing information such as name, billing address and details of payment information either to the Company or the Company’s third-party vendor or payment processor.
11.6 The User agrees, affirms, acknowledges and understands that when it is directed to the Company’s third-party vendors or payment processor, the User may be subject to separate and independent terms and conditions and policies governing use of that third party’s service and that third party’s personal information collection practices. The User is strongly advised to review such terms and conditions and privacy policy before using such services.
11.7 The Company retains the right to accept or deny any offer made or orders placed. This may be due to the availability of any Product, Services or for any other reason that may affect Our ability to supply the Products or Services ordered. No contract is formed until we communicate acceptance of Your order.
This electronic contract shall have the same legal force and effect as a written contract signed by You.
12.1 The User acknowledges that, The Company owns, posses and reserves all right, title and interest in and to the Intellectual Property Rights (registered or not) in relation to the Platform, Brand, Product, Services etc.
12.2 Although the User is entitled to use Platform and the associated services, in whole or in part, all Intellectual Property Rights thereon shall vest with the Company and shall also constitute the Company’s Confidential Information.
12.3 Notwithstanding anything contained herein, the Company extends a geo-restricted, non-transferable, revocable license to the User to use the Platform and/or Services solely for the purposes mentioned herein.
12.4 Notwithstanding anything contained herein, the Company reserves the right to take appropriate action against the User for direct, indirect, incidental and/or consequential infringement of Intellectual Property Rights.
12.5 You shall not copy any content from this Platform without the prior written consent from the Company. Modifications, misuse, copy, reproduction, adaption, sublicense, translation, reverse engineering, creation of derivative work or attempt to creat or grant other rights in relation to the Intellectual Property Rights is highly prohibited.
12.6 The Company grants You a limited license to access and make personal use of the Platform and the Services. This license does not include any downloading or copying of Account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the site and the framing of any content available through the site, uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Company’s infrastructure; or any use of data mining, robots or similar data gathering and extraction tools.
12.7 You shall not bypass any measures used by the Company to prevent or restrict access to the Platform. Any unauthorized use by You shall terminate the permission or license granted to You by the Company
This Platform may contain links to third party link or websites. Any outside links are provided only as a convenience. Your use of outside links is at Your sole risk. Links from the Platform do not constitute Company’s endorsement of any third party, its website, or its goods or services. The Company is not responsible for any outside links, sites, services or other materials linked to or from the Platform and disclaims all liability for any loss or injury you may experience or suffer by using such link or site or materials.
To the extent permitted by law, Company excludes all warranties, representations and guarantees (whether express, implied or statutory), and We will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by You in connection with Your access to or use of this Platform or the content on or accessed through it.
This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
Please review our Privacy Policy, which also governs your visit to Our Platform, to understand our practices. The personal information/ data provided to us by You during usage of Pltaeform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to Your information being transferred or used, please do not use the Platform.
The Company may assign You a password and Account for identification, to enable You to access and use certain portions of this Platform. Each time You use a password or identification, You will be deemed to be authorized to access and use the Platform in a manner consistent with this Terms and Conditions.
The Company has no obligation to investigate the authorization or source of any such access or use of the Platform. You are solely responsible for protecting the security and confidentiality of the Accounts, password and identification assigned and for restricting access to Your Device, and You agree to accept responsibility for all activities that occur to Your Account or password.
You shall immediately notify the Company of any unauthorized use of Your password or Account or identification or any other breach or threatened breach of this Platform’s security.
You will be solely responsible for all access to and use of this Platform by anyone using the Account, password and identification whether or not such access to and use of this Platform (including all obligations, communications and transmissions) is actually authorized by You.
The Company reserves the right to refuse service, terminate Account, and/or cancel orders at its discretion, without intimation, if the Company believes that the conduct by the customer violates applicable law or is harmful to the Platform or breach of the Terms and Conditions.
a. Cancellations by the Company
The Company has a right to cancel or refuse the order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or Services or pricing information, or problems identified by the Company. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after We have received the payment, the said amount will be reversed back in Your account.
b. Cancellations by you
In case of requests for order cancellations by You, The Company reserves the right to accept or reject requests for order cancellations for any reason. For You to cancel an order, there is a time period of 24 hours from the time You place the order. As part of usual business practice, if We receive a cancellation notice and the order has not been processed / approved by Us, We may, at our sole discretion, cancel the order and refund the entire amount in 15-20 working days
We will not be able to cancel orders that have already been processed.
The Company has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by the Company and accept Company’s decision regarding cancellations.
The Company reserves the right to recover the cost of goods, collection charges, damages and other expenses that may occur from persons for using the Platform fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms and Conditions.
There are limited period vouchers and promotional codes which can be issued or cancelled by the Company as part of any campaign or scheme. The terms for these campaigns will be decided by the Company at the time of the campaign and these should be acceptably by You.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at Your own risk and are using Your best and prudent judgement before entering into any transactions through the Platform. If You are dissatisfied with the Platform, any content, or any of these Terms and Conditions, we would like to hear from you. However, Your only legal remedy is to stop using the Platform. The Company does not warrant Your use of the Platform.
Your use of this Platform, Products and Services are at Your sole risk. The Platform, Products and Services are offered on an "as is" and "as available" basis and with all faults and defects without warranty of any kind. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Platform, Products, Services or content, or any reliance upon or use of the Platform, content, Products or Services.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, Product and Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform, Product and Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, Product and Service, or the information, content, and materials or products included thereon; (ii) that the Platform and Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware or any other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The Company will do its utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new Products, facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
You agree that any violation by You of these Terms and Conditions 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 and Conditions, We 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.
You shall defend, indemnify, keep indemnified and hold the Company, its owners, licensee, affiliates, subsidiaries, group companies (if any) and their respective officers, directors, agents, vendors and employees, harmless against any claim, loss, demand, penalty, damage, lien, settlement, cost, expenses, actions or other liabilities including reasonable attorney’s fees, that arises out of or in connection with this Terms and Conditions resulting from Your breach of this Terms of Use, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of Intellectual Property Rights).
Under no circumstances will the Company be liable for any delay or failure in performance in whole or in part due 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 the Company.
The failure by the Company to enforce any right or provision of these Terms and Conditions will not prevent Company from enforcing such right or provision in the future and will not be deemed to modify these Terms and Conditions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Products or Services or this Terms and Conditions must be filed within one (1) year from the time such claim or cause of action arose or be forever barred.
You hereby irrevocably waive any right You may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Terms and Conditions must be asserted individually.
These Terms and Conditions or Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.
Any dispute arising under or relating to the Terms and Conditions, contents, Your use of the Platform, or Products or Services purchased using the Platform shall solely and to the exclusion of all other courts, be subject to the jurisdiction of the appropriate courts situated in Mumbai, India alone. By using the Platform, you consent to the jurisdiction and venue of Mumbai courts with respect to any dispute.
Any complaint or concern with regards to the access, usage, comment or breach of the Terms of Use / Terms and Conditions shall be addressed to the designated Grievance Officer of the Company. The complaint shall be registered through a phone call on the number provided below or by sending an email to the respective email address as provided below. It shall be responsibility of the Company to satisfactorily resolve and address the grievances at the earliest.
Phone Number: +91 9324858150
Email: contact@petsnmore.ai
The Company reserves the right to terminate the User’s access to the Platform or any Service without any cause or notice. Also If the Company determine that You are a repeat infringer, We may terminate Your access to the Platform, remove or ban You and/or terminate any Account created or controlled by You, and take other appropriate action in Our sole discretion. This may result in the forfeiture and destruction of all information associated with the User. In such an event, the Terms of Use / Terms and Conditions shall come to an end. However, the violation and indemnification, limitation of liability, prohibition, disclaimer, rights of the company, governing law/jurisdiction and dispute resolution, statute of limitation, waiver of class action right and Privacy Policy shall survive such termination.
This Terms and Conditions may have been translated and We have made them available to You on Our Platform. You agree that in case of conflict, the original English text shall prevail over the translation in other languages.
These Terms and Conditions / Terms of Use constitutes the complete agreement and sets forth the entire understanding between You and the Company as the subject matter of this Agreement. If any provision of this Terms and Condition is found by any court or competent authority to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Terms and Conditions, and all provisions not affected by such invalidity shall remain in full force and effect.
By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove.