Terms and Conditions of Use
Welcome to PetKonnect! RD PetKonnect Private Limited the company & its affiliates provide access to the PetKonnect.com website as well as PetKonnect application available on Apple App Store & Google Play store or any other platform/s.
These Terms & Conditions (‘T&C’ or ‘Terms’) govern your use of PetKonnect and the products, features, apps, services, technologies and software that we offer (the Products), except where we expressly state that separate Terms (and not these) apply.
These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the company in connection with your visit to the Website/the applications and your use of the Services (as defined below). These T&C and Privacy Policies constitute an electronic record within the meaning of applicable laws. These electronic records are generated by a computer system & do not require and physical / digital signature.
The Agreement applies to you whether you are –
A service provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including pet trainer, pet walker, pet sitter, pet groomer, lodging and boarding service provider, veterinary doctor or any other service provider in connection with pets as well as strays (“Service Provider(s)”, “you” or “user”); or
Otherwise a user of the Website and the services provided there in (“you” or “User”).
This Agreement applies to all services made available by PetKonnect on the Website or application, whether offered free of charge or for a specified charge to the Users (“Services”), including the following:
For Service Providers: Listing of Service Providers and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain profiles for their pets, (ii) maintain online health records, (iii) create vaccination records and reminders for your pets, (iv) register your pet with the government authorities , (v) find and befriend other pets as a part of a social network for animals (vi) share photos of your pets with its friends as well as maintain an online photo gallery (vii) search for Service providers by name, specialty, and geographical area, or any other criteria (viii) access emergency information including ambulances, both for pets as well as strays and (ix) be a part of the bloodline – a community enabling timely access to donor animals in cases of emergencies (x) Access qualified vets on call 24x7 for an on call consultation (xi) Purchase / Sell pet related food / product (xii) Order Medicine
Please read the T&C carefully before accessing, using or obtaining any materials, information, products or services. By downloading or accessing the PetKonnect’s website, mobile or tablet applications, or any other feature or other PetKonnect platform, you agree to be bound by the T&C and our Privacy Policy. If you do not accept all the provisions of the T&C and/or Privacy Policy, you may not use Our Website or Services.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• all other rules, regulations, guidelines and clarifications framed there under
1. Definitions
“Our Website” means PetKonnect website, mobile (Android or iOS), tablet application or any other feature or other PetKonnect’s platform, application or software.
“User”, “Users” “you”, “Licensor” means the person(s), over the age of 18, or a person under the age of 18 but with the consent of the holder of parental responsibility, and/or legal entity, that is allowed by PetKonnect to use the Website and therefore has agreed to this T&C and the Privacy Policy
“Services” means the variety of resources, including but not limited to: the creation of an online profile for animals, online storage of health records, download areas, Communication Services, emergency services, product and other information, relevant to the scope of work of PetKonnect, links to third party websites or any other service provided through the website, mobile app or any other platform that PetKonnect provides to the User.
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided or this Agreement refers to, including but not limited to (i) PetKonnect’s or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to the User (collectively, "Updates").
“T&C” means this agreement containing the “Terms and Conditions of Use” of the PetKonnect’s Website.
“Communication Service” or “Communication Services” means the services provided by PetKonnect’s such as e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others.
“User Data” means all materials provided, uploaded, posted, inputted, submitted or otherwise made available by the Users to PetKonnect and/or is used for the Services provided by PetKonnect, including, but not limited to: status texts, profile photos, any communication including, inter alia, text and pictures, images, letters, text, information, names, addresses and any other such data provided by the User(s).
2. Member Account, Password, Security and Transfer of Rights
If any of the Services requires User to create an account, Prior to using any of such services offered by PetKonnect, User must complete the registration process by providing PetKonnect with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify PetKonnect immediately of any unauthorized use of User’s account or any other breach of security. PetKonnect will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by PetKonnect or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
The right to use Our Website is personal to User and is not transferable or assignable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
3. E-Platform for communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that PetKonnect is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on PetKonnect.
4. Access to PetKonnect.com website
We will do our utmost to ensure that availability of the website 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 website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Changed Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, PetKonnect shall have the right at any time to change or modify the T&C applicable to User's use of Our Website, or any part thereof, from time to time to accurately reflect our services and practices, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Our Website or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Our Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. The most current version of the T&C can be reviewed by clicking on the "Terms and Conditions of Use" ______________.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the PetKonnect community, you can delete your account at any time by contacting PetKonnect Support.
6. Our services
Our mission is to give people the power to build community of their beloved pets and imbibe the spirit of empathy towards our fellow beings, and thus bring humans and animals closer together.
Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.
Information provided by the Users, through the Services, may contain links to third party websites that are not owned or controlled by PetKonnect. PetKonnect has no control over third-party websites and/or services; PetKonnect cannot censor or edit the content of such websites and thus assumes no responsibility and cannot be held liable for the content, privacy policies and/or practices of such websites.
To help advance this mission, we provide the products and services described below to you through our website:
Connect you with people and organisations that you care about:
We enable users to find pets around them by geo-tagging their locations. By creating a pet profile, users can add and make pet friends. The service enables them to share photo’s, comments, make plans and play dates with other pets. We help you find and connect with people, groups, service providers, organisations and others that matter to you across the PetKonnect Products you use. We use the data that we have to make suggestions for you and others. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they care about.
Help you with complete health care management for your pet:
An in-app pet management system, this service allows pet owners to create a pet profile for complete health care management. Here users can not only store all medical records, online prescriptions, receive vaccination suggestions and grooming reminders from vets, but also register pets with government authorities regularly as prescribed.
Provides access to various emergency services related to animals:
We allow access to a variety of emergency services. Users will now be able to tap into PetKonnects extensive NGO partnerships that provide spot treatment to strays as well as ambulance taxis run by various individuals for intra and inter-city commute. PetKonnect will also give access to a user lead bloodline service, by providing a database of blood donors in times of emergencies. User will also be able to contact a qualified vet any time during the day / night for an on call consultation
Help you discover content, products and services that may interest you:
We bring the service providers and service seekers on to one platform. Users will be able to easily gain access to all pet services such as trainers, walkers, lodgers and boarders, vets, etc, as well as products and medicines required for your pets
PetKonnect will also serve as the knowledge centre for the users. Users will receive access to the most up to date and relevant content such as, informative articles, training tips, health tips, food tips, laws, events etc.
Combat harmful conduct, and protect and support our community:
People will only build community on Petkonnect if they find it meaningful. We employ dedicated teams to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account or contacting law enforcement.
Research ways to make our services better:
We engage in research and collaborate with others to improve our Products. One way we do this is by analysing the data we have and understanding how people use our Products.
Provide consistent and seamless experiences across the PetKonnect Products:
Our Products help you find and connect with people, groups, service providers, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Products that you use.
Enable Pan India access to our services:
To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Petkonnect or its affiliates.
PetKonnect shall have the right at any time to change or discontinue any aspect or feature of Our Website including, but not limited to, content, hours of availability, and equipment needed for access or use.
7. Listing Content and Disseminating information
PetKonnect collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Service Providers listed on the Website, such as their services offered, qualification, fees, location, work timings, and similar details. PetKonnect takes reasonable efforts to ensure that such information is updated at frequent intervals. Although PetKonnect screens and vets the information and photos submitted by the Service Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Products and Services provided by PetKonnect or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). PetKonnect does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. PetKonnect does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, PetKonnect disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by PetKonnect or any User in relation to any User or services provided by such User or Service Provider.
The Website may be linked to the website of third parties, affiliates and business partners. PetKonnect has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that PetKonnect endorses the linked site. User may use the links and these services at User’s own risk.
PetKonnect assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If PetKonnect determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, PetKonnect reserves the right to immediately suspend your access to the Website or any of your accounts with PetKonnect and makes such declaration on the website alongside your name as determined by PetKonnect for the protection of its business and in the interests of Users. You shall be liable to indemnify PetKonnect for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected PetKonnect or its Users.
8. Profile Ownership and Editing Rights of Service Providers
PetKonnect ensures easy access to the Service Providers by providing a tool to update your profile information. PetKonnect reserves the right of ownership of all the Service Provider’s profile and photographs and to moderate the changes or updates requested by Service Providers. However, PetKonnect takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using PetKonnect’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, PetKonnect may modify or delete parts of your profile information at its sole discretion with or without notice to you.
9. Availing of services of Service Providers by other users
If a User has utilized contact details from the listing services of Service Providers, PetKonnect reserves the right to share the information provided by the User with the Service Provider and store such information and/or conversation of the User with the Service Provider, in accordance with our Privacy Policy.
The results of any search Users perform on the Website for Service Providers should not be construed as an endorsement by PetKonnect of any such particular Service Provider. If the User decides to engage with a Service Provider to seek any services related to pets or strays, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, PetKonnect is not involved in providing any of the services listed by Service Providers and hence is not responsible for any interactions between User and the Service Provider. User understands and agrees that PetKonnect will not be liable for:
User interactions and associated issues User has with the Service Provider;
the ability or intent of the Service Provider(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong quality of service being given by the Service Provider(s), or any negligence on part of the Service Provider(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed Services;
any misconduct or inappropriate behaviour by the Service Provider or the Service Provider’s staff;
cancellation or no show by the Service Provider or rescheduling of booked appointment or any variation in the fees charged
Swiggy - Use of the platform & services + order booking & financial terms + terms & no endorsement + terms for pharmaceutical products.
10. Conditions of Sale
In addition, when you use any PetKonnect service (eg: Wishlist or Marketplace, you will also be subject to the following:
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from PetKonnect, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with the Sellers and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an average pet-parent. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Returns
Most items purchased from sellers listed on PetKonnect are returnable within the return window, except those that are explicitly identified as not returnable. The return is processed only if:
• it is determined that the product was not damaged while in your possession;
• the product is not different from what was shipped to you;
• the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and accessories)
• You can review return policy for products listed on PetKonnect by clicking _________. For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account / as Amazon Pay balance (in case of Pay on Delivery orders), the details for making such refund and the timelines are detailed in the refund policy available at ________________
Please review our Returns Policy, which applies to products sold by us.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
11. Reviews and feedback for Service Providers and Products by other users
By using this Website, you agree that any information shared by you with PetKonnect or with any Service Provider will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Service Providers. The role of PetKonnect in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. PetKonnect disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. PetKonnect shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Without prejudice to the detailed terms stated of this agreement, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. PetKonnect, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree that PetKonnect may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
• Obtaining feedback in relation to Website or PetKonnect’s services; and/or
• Obtaining feedback in relation to any Service Providers or products listed on the Website; and/or
• Resolving any complaints, information, or queries by Service Providers regarding your Critical Content;
• and you agree to provide your fullest co-operation further to such communication by PetKonnect.
Users are allowed to provide feedback about their experiences with the Service Providers, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, PetKonnect shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Service Provider from the Website.
12. Claims against Objectionable Content
You can refer to the product detail page on PetKonnect for checking any product details provided by the seller regarding the following:
• the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.
• mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; .
• goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage; .
• importer and the guarantees related to the authenticity or genuineness of the imported products; and.
• guarantees or warranties applicable to such goods or services. .Further, all contractual information required to be disclosed by law is incorporated as part of the Seller Agreement executed by each seller on Petkonnect.com, prior to listing its products. A copy of the Seller Agreement is available to the Seller on the Seller Portal.
Because PetKonnect lists a number of products for sale offered by sellers on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, PetKonnect operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (" Objectionable Content "), please notify us immediately by Contacting us through the portal, or writing to us on info@petkonnect.com. PetKonnect will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
13. Terms for Service Providers
The Service Provider shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Service Provider, PetKonnect shall have the right to replace such Service Provider for the purpose of providing services to the User or remove such Service Provider from the platform/PetKonnect application/website.
The Service Provider understands and agrees that, PetKonnect shall at its sole discretion, at any time be entitled to, show as other Service Providers available for the concerned services.
The Service Provider has the discretion to cancel any appointment at any point in time by giving the other user an advance cancellation notice of at-least 12 hours, or such other period as mutually agreed between the user and the Service Provider.
The Service Provider shall at all times ensure that all the applicable laws that govern the Service Provider shall be followed and utmost care shall be taken in terms of the service being rendered.
The Service Provider acknowledges that should PetKonnect find the Service Provider to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then PetKonnect shall be entitled to cancel the listing of such Service Provider or take such other legal action as may be required.
It is further understood by the Service Provider that the information that is disclosed by the User at the time of service is personal information and is subject to all applicable privacy laws, shall be confidential in nature.
The Service Provider understands that PetKonnect makes no promise or guarantee for any uninterrupted communication and the Service Provider shall not hold PetKonnect liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by PetKonnect.
It shall be the responsibility of the Service Provider to ensure that the information provided by User is accurate and not incomplete and understand that PetKonnect shall not be liable for any errors in the information included in any communication between the Service Provider and User.
The Service Provider shall indemnify and hold harmless PetKonnect and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Service Provider, violation of any law, rules or regulations by the Service Provider or due to such other actions, omissions or commissions of the Service Provider that gave rise to the claim.
14. Terms for Ambulance Service Providers
It is pertinent to note that these ambulance services (Both NGO ambulances as well as pet taxis) are provided by our ambulance partners. We do not provide any infrastructure for the same. The users will be given direct access to the contact information of these ambulance service providers. PetKonnect shall not be responsible for any delays, failure in arrival or any other lapse in services.
15. Terms for Purchasing Medicines for pets on PetKonnect
At PetKonnect, We aim to provide you content that is credible, authoritative and crisp. Our goal at PetKonnect is to make quality and affordable healthcare accessible to one and all. In order to get there, we maintain very strict standards to ensure you get well-researched and comprehensive healthcare information. All of our evidence-based content is curated and reviewed by our pharmacy partners.
PetKonnect is a platform that facilitates, as an intermediary, the online requisition by the user for purchase of medicines and wellness / health related products and services offered by PetKonnect's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al) ("Products and Services"). The sale & purchase / transaction between the registered third-parties and You, of Products and Services, facilitated by the requisition placed by You on PetKonnect shall be governed by these Terms. PetKonnect is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third-parties.
Technology Platform for Pharmaceutical Products –
PetKonnect facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over The Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). PetKonnect merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and the content made available by the Retail Pharmacies, are third party user generated contents and third party products. PetKonnect has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Retail Pharmacies through PetKonnect shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the PetKonnect.
PetKonnect does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website.
PetKonnect is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on PetKonnect; PetKonnect gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on PetKonnect. PetKonnect is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. The content available on PetKonnect, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on PetKonnect or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, PetKonnect shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, You acknowledge and understand that PetKonnect provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.
PetKonnect shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
Prescription Drugs- In order to purchase drugs and pharmaceutical products that requires a valid prescription, You are required to upload a scanned copy of the valid prescription on PetKonnect. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered.
Substitution of Prescribed Drugs- You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
Invitation to offer for sale- The listing of drugs and other pharmaceutical products on PetKonnect by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, PetKonnect shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacies’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacies.
Transfer of Property and Completion of Sale- Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick and mortar pharmacy), the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacies, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Retail Pharmacies itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacies (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
Drugs Delivery- The Pharmaceutical Drugs and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
16. Prohibition of purchase & sales of animals on the platform
PetKonnect prohibits the purchase or sale of animals on the Platform. In case any user indulges in such activities, s/he shall be banned from accessing the PetKonnect platform. In case you find any other users indulging in such activities, kindly report them to PetKonnect at the earliest by contacting us at info@petkonnect.com.
17. Our Data and Privacy Policy
To provide these services, we must collect and use your personal data. We detail our practices in the Data and Privacy Policy, which you must agree to in order to use our Products.
18. Your commitments to PetKonnect and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Our Website and/or Services and all charges related thereto.
PetKonnect grants to User a non-exclusive license to Use the Software for the purposes described in this document. Some third-party materials included in the Software may be subject to other terms and conditions.
User shall use Our Website and/or Services for proper and lawful purposes only. User shall not post or transmit through Our Website any material which is, in PetKonnect’s sole discretion, in any way: unethical, violates or infringes in any way upon the rights of others (including the rights of animals), which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law and/or any animal, or which, without PetKonnect’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PetKonnect's sole discretion restricts or inhibits any other User from using or enjoying Our Website and/or Services will not be permitted. User is prohibited from using Our Website and/or Services to advertise or perform any commercial solicitation whatsoever, including, but not limited to, the solicitation of users to become subscribers of other on-line information services.
User shall not upload, post or otherwise make available on Our Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Our Website, User automatically grants, or warrants that the owner of such material has expressly granted PetKonnect the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants PetKonnect the right to edit, copy, publish and distribute any material made available on Our Website by User.
Without prejudice to the generality of the provisions of above, user further agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Service and/or Communication Service.
We want people to use PetKonnect to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so), by way of example, and not as a limitation:
• You may not use our Products / Services to do or share anything that breaches these Terms or Policies that apply to your use of PetKonnect, or that is unlawful, misleading, discriminatory or fraudulent.
• Use the Communication Services in connection with: surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Upload or otherwise make available content that is considered, to PetKonnect’s sole discretion, to be Adult Content
• Upload or otherwise make available content that is considered, to PetKonnect’s sole discretion, to consist of cruelty to animals, animal abuse and/or animal neglect and/or infringe any Laws and/or Treaties designed to protect animals.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information in relation to PetKonnect, third-parties including but not limited to people and animals.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allows such messages.
• Download any file posted by another user of a Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular ervice.
• Harvest or otherwise collect information about others, including, but not limited, to e-mail addresses, phone numbers and information of a personal nature including any information relating to the Pets of the Users or attempt to access data that you do not have permission to access.
• Violate any applicable laws, regulations, treaties and the provisions of any legal instrument.
• Create a false identity for, inter alia, misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services (including but not limited to any pet directory created by a User) or other User or usage information or any portion thereof.
Further, the user must:
• Use the same name that you use in everyday life.
• Provide accurate information about yourself.
• Create only one account (your own) and use your timeline for personal purposes.
• Not share your password, give access to your PetKonnect account to others or transfer your account to anyone else (without our permission).
We try to make PetKonnect broadly available to everyone, but you cannot use PetKonnect if:
• We've previously disabled your account for breaches of our Terms or Policies.
• You are prohibited from receiving our products, services or software under applicable laws.
PetKonnect has no obligation to monitor the content uploaded by users while availing the Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. We reserve the right to terminate User’s access to any or all the Communication Services at any time, without notice, for any reason whatsoever. PetKonnect reserves the right, at all times, to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to delete, edit, refuse to post or to remove any information or materials, in whole or in part, at PetKonnect’s sole discretion.
Materials uploaded to the Communication Services may be subject to, posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. PetKonnect does not control or endorse the content, messages or information found in any Communication Services and, therefore, PetKonnect specifically disclaims any liability with regards to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized spokespersons of PetKonnect, thus their views do not necessarily reflect those of Petkonnect.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
19. The permissions you give us
We need certain permissions from you to provide our services:
1. Permission to use content that you create and share: You own the content that you create and share on PetKonnect and the other PetKonnect Products you use, and nothing in these Terms takes away the rights that you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, however, we need you to give us some legal permissions to use this content.
Specifically, when you share, post or upload content that is covered by intellectual property rights (e.g. photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with our Privacy Policy). This means, for example, that if you share a photo on PetKonnect, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other PetKonnect Products that you use.
You can end this licence at any time by deleting your content or account. You should know that, for technical reasons, any content that you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content that you delete may continue to appear if you have shared it with others and they have not deleted it.
2. Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on PetKonnect next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you.
3. Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it.
20. Links to Third Party Sites and / or Third Party Applications
The links and / or third party applications on the website, will let you leave the use of our website. The linked sites and / or third party applications, are not under the control of PetKonnect. PetKonnect is not responsible for the contents of any linked site, any third party applications, any link contained in a linked site, or any updates and changes to such linked sites. PetKonnect is not responsible for webcasting or any other form of transmission received from any linked site or third party application. PetKonnect is providing these links and / or third party applications to you only as a convenience and the inclusion of any link and / or third party application does not imply endorsement by PetKonnect of the relevant site.
PetKonnect is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, PetKonnect has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Our Website and/or Services, are those of the respective author(s) or distributor(s) and not of PetKonnect. Neither PetKonnect nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Our Website and/or Services represents the opinions and judgments of the respective information provider, User, or other user not under contract with PetKonnect. PetKonnect neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Our Website by anyone other than authorized PetKonnect’s employee spokespersons while acting in their official capacities. Under no circumstances will PetKonnect be liable for any loss or damage caused by a User's reliance on information obtained through Our Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PetKonnect. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
21. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content you create or share on PetKonnect), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
Other than the Data; any software, design of the Services, created texts, scripts, graphic, interactive features and the like; the trade and service marks, designs, logos (including but not limited to trade and service marks), patented (or patent pending) material contained on Our Website, belongs to PetKonnect and is protected by Intellectual Property laws in India.
The Software and any copies that you are authorized by PetKonnect to make (if any; pursuant to the T&C) are the intellectual property of, and are owned by PetKonnect. The structure, organization and code of the Software is, by its own right, confidential information and is the sole property of PetKonnect. The Software is protected by copyright laws, including without limitation to the Copyright Laws of India, and applicable laws in the country in which it is being used.
You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested PetKonnect to provide the information necessary to achieve such operability and PetKonnect has not made such information available.
Without prejudice to the generality of other provisions set out in this document, this Agreement does not grant the User any intellectual property rights in, inter alia, the Software, Trademarks, Designs and Patents of PetKonnect.
Further, Our Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Our Website are copyrighted as a collective work under International copyright laws. PetKonnect owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PetKonnect and/or the Copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
22. Notice to Specific software available on PetKonnect.com
Any software that is made available to download from the Services is, as aforementioned, the protected by Intellectual Property rights, work of PetKonnect. Use or de-Use of the Software (“License Agreement”) is governed by the terms of this agreement. An end user will be unable to install or uninstall any Software, unless he or she first agrees to these terms.
The Software is made available for download solely for use by end users according to the T&C. Any reproduction or redistribution of the Software not in accordance with the T&C is expressly prohibited by law(s) and Regulations, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the T&C. Except as warranted in the T&C, PetKonnect hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions.
For your convenience, PetKonnect may make available, as a part of the services or in its software products, tools and utilities for use and / or download. PetKonnect does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the Intellectual Property Rights of others when using the tools and utilities made available on the services.
23. Notice to specific Documents available on PetKonnect
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that: (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
PetKonnect makes no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. PetKonnect hereby disclaims all warranties and conditions with regard to this information. In no event shall PetKonnect be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of information available from these services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. PetKonnect may make improvements or changes in the products described herein at any time.
24. Notices Regarding Software, Documents, Services And Information Available On Our Website
IN NO EVENT SHALL PETKONNECT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
25. User Data provided, posted, uploaded, inputted or submitted by User on PetKonnect Website
PetKonnect does not claim authorship of the User Data that the User(s) provide, post, upload, input or submit to PetKonnect or to any Services or its associated services for review by the general public, or by the members of any public or private community.
However, by posting, uploading, inputting, providing or submitting such User Data, the User is granting PetKonnect and its Affiliates and necessary sub-licensees, permission to:
• Host all such User Data;
• Use User’s Data in connection with the operation of their Internet businesses (including, without limitation, all PetKonnect Services);
• License any rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users’ Data;
• Publish User’s name in connection with User’s Data;
• Collect, process, analyze, correlate and communication the data outputs emanating from the User Data
• Sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Data, as provided herein. PetKonnect is under no obligation to post or use, in any other way, any User Data that a User may provide and PetKonnect may remove any User Data at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such User Data, User warrants and represents to own or otherwise control all of the rights to such User Data as described in these Terms and Conditions of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit such User Data.
In addition to the warranty and representation set forth above, by posting, uploading, inputting or submitting any User Data that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User(s) warrant and represent that:
User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these T&C and the Services,
Users have the rights necessary to grant the licenses and sublicenses described in these T&C, and
that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these T&C, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By posting such User Data, User is granting: (a) to all members of User’s private community (for each such Images available to members of such private community), and/or(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Data in connection with the use, as permitted by these T&C, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, inter alia, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Data without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Data
26. Termination
We want PetKonnect to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have breached our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.
All provisions of the T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
27. Unsolicited Idea Submission Policy
PetKonnect or any of its employees do not accept or consider unsolicited ideas including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative work, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PetKonnect’s products or marketing strategies might seem similar to the ideas submitted. Kindly note that in the event you send such works as aforementioned, PetKonnect makes no assurance that your ideas and materials will be treated as confidential or proprietory.
28. Monitoring
PetKonnect, shall have the right, but not the obligation, to monitor the content of Our Website, to determine compliance with this Agreement and any operating rules established by PetKonnect and to satisfy any law, regulation or authorized government request. PetKonnect shall have the right in its sole discretion to delete, edit, refuse to post or remove any material submitted to or posted on Our Website. Without limiting the foregoing, PetKonnect shall have the right to remove any material that PetKonnect, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
29. Indemnification
User agrees to defend, indemnify and hold harmless PetKonnect and its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of:
• The Use of and access to Our Website and/or Services by User or User's Account.
• The violation of any term of the T&C
• The violation of any third party right, including inter alia, any copyright, property or privacy right
• Any claim, for damage caused to a third party, from the content of any of the User’s Data.
This defence and indemnification obligation will survive this T&C even in the event of termination / suspension of user account by PetKonnect as well as the User.
30. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
We cannot predict when issues may arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the PetKonnect Products, even if we have been advised of the possibility of such damages.
User expressly agrees that use of our website and/or its services is at user's sole risk. Neither PetKonnect nor any of their respective employees, agents, third party content providers or licensors warrant that our website and/or its services will not be discontinued or be uninterrupted or be error free; nor do they make any warranty as to the results that may be obtained from use of PetKonnect’s website and/or its services, or as to the accuracy, reliability or content of any information, service, or merchandise provided through PetKonnect’s website and/or its services.
This disclaimer of liability applies to any damages (direct or indirect), loss of data or injury caused by any failure of performance of our website, including but not limited to: discontinuance of the services, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, hacking, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that PetKonnect is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will PetKonnect, or any person or entity involved in creating, producing or distributing our website and/or its services including the PetKonnect software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the PetKonnect website and/or its services. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, PetKonnect nor the information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within our website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation to: acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
31. Children
Use of PetKonnect is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use PetKonnect only with the involvement of a parent or guardian.
32. Communications
When you visit PetKonnect, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
33. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
34. Applicable laws
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the PetKonnect Products ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim shall fall strictly within the jurisdiction of India, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of India will govern these Terms and any claim, without regard to conflict of law provisions.
35. Other
1. These Terms make up the entire agreement between you and PetKonnect regarding your use of our Products. They supersede any prior agreements.
2. Updates may be licensed to you by PetKonnect with additional or different terms. This is the entire agreement between PetKonnect and the User relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
4. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life).
8. We reserve all rights not expressly granted to you.
If you wish to pose any questions and/or file a complaint that relates to our Privacy Policy or these T&C we kindly request that you contact us at info@petkonnect.com. We will use our reasonable endeavours to address any complaint you may have as soon as possible.