This document is an electronic record in terms
of the Information Technology Act, 2000 and rules made there under as
applicable, and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries guidelines) Rules, 2011 which
require publishing of the rules and regulations, privacy policy, and user
agreement for access or usage of the petofy.com & website.
Your use of the Petofy website {including petofy.com
including a mobile application (hereinafter collectively referred to as the
"Website") and its related sites, services, and tools is governed by
the terms and conditions as contained in this Agreement applicable to the
Website and for other websites of Petofy and our subsidiaries and
international affiliates. This User Agreement for the Website shall come into
effect on 00:00 hours, Indian Standard Time 15th June 2023("User
Agreement")
https://petofy.com/in
is an internet E-commerce based portal
operated by Petofy; a company incorporated under the Companies Act, 1956 having
its registered office at Petofy, Dehradun. For the purpose of this User
Agreement, Registered User / Guest User and wherever the context so requires,
'"You", "Your" shall mean any natural or legal person who
is accessing the Website, its contents, and using the services offered on or
through the Website and has agreed to become a member of the Website by
providing Registration Data (as defined hereinafter) while registering on the
Website as a Registered User / Guest User using the digital systems of the
Website and accepted this electronic version / electronic record of the User
Agreement and has allocated himself/herself a unique identification user name
("User ID" and "Password") to become a Registered User or
has been identified as Guest User by providing a phone number and email id.
Further, reference to "we", "us", "our" and
"Petofy" shall mean ; (
https://petofy.com/
) and includes
its associates, affiliates, and subsidiary.
The use of the Website is offered to you conditioned upon Your 'Acceptance' of
all the terms, conditions, and notices contained in this User Agreement. Upon
"Acceptance", this User Agreement shall be effective and binding upon
you along with any amendments made by Petofy at its sole discretion and posted
on the Website and you shall not claim invalidity of this User Agreement merely
on the grounds that this User Agreement is being documented and concluded
electronically. For the aforesaid purposes, 'Acceptance' shall mean Your
affirmative action by clicking on the 'check box' and on the 'continue' button
as provided on the registration page or clicking on the 'Buy Now' button while
transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such
other actions that imply Your acceptance to the present electronic document.
You hereby further agree that this User Agreement is being concluded and
executed at Uttrakhand, India.
When you use any of the services provided by us through the Website, including
but not limited to Product Reviews, Seller Reviews etc., you will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such
services, and they shall be deemed to be incorporated into this User Agreement
and shall be considered as part and parcel of this User Agreement. We reserve
the right, at our sole discretion, to change, modify, add or remove portions of
the User Agreement, at any time without any prior written notice/intimation to
you. It is Your responsibility to review this User Agreement periodically for
any updates/changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that
you accept and agree to the revisions. As long as you comply with
By accepting this User Agreement, you also accept and agree to be bound by
petofy.com
Rules Policies and Policies Rules as
provided from time to time in the following hyperlinks:1.
https://petofy.com/privacy-policy
.
https://petofy.com/privacy-policy
.
1. Membership Eligibility
Use of the Website is available only to persons who can perform legally
binding contracts under Indian 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 Website. If you are a minor i.e. under the age of 18 years, you shall
not register as a member of the Website and shall not sell, purchase or bid for
any items on the Website except through Your legal guardian or parents who have
registered as users on the Website or can use the Website as a Guest User
https://petofy.com/
reserves the right to terminate Your
membership and refuse to provide you with access to the Website if it is
brought to our notice or if it is discovered that you are under the age of 18
years.
Business entity registration:
you are duly authorized to accept this User Agreement and you have the
authority to bind Your business/legal entity to this User Agreement.
Guest User:
restrictions on you as a Guest User for Your purchase and the other
functionality of the Website available to you. As a Guest User, Buyer will not
be eligible for Clues Bucks and all other benefits that are not assignable to a
non-registered user.
2. Your Account and Registration Obligations:
If you use the Website as a Registered User, you are responsible for
maintaining the confidentiality of Your User ID and Password. If you use the
Website as a Guest User, you are responsible for maintaining the confidentiality
of Your email ID and phone number and restricting access to Your computer,
computer system, and computer network. You are responsible for all activities
that occur under Your User ID and Password (if registered) or email ID and
phone number (if Guest User) as the case may be. Also, as a Guest User, you
shall ensure the physical security and possession of Your device, the details
of which are used to transact services with
https://petofy.com/
i.
Provide true, accurate, current and complete
information about yourself as prompted by petofy.com's
registration form or provided by You as a Guest User (such information being
the "Registration Data")
ii.
You must include any of Your contact details
such as email addresses etc. in Your User ID while registering as a Registered
User; and
iii.
Maintain and promptly update the Registration
Data to keep it true, accurate, current and complete at all times;
iv.
You must immediately notify us of any
unauthorized use of Your password or account or any other breach of security,
and
v.
Ensure that You exit from Your account at the
end of each session.
If You provide any information that is untrue, inaccurate, not current or
incomplete, or petofy.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement. petofy.com has the right to indefinitely
suspend or terminate or block access to Your membership with the Website and
refuse to provide You with access to the Website. petofy.com in shall not be
liable for any loss or damage arising from Your failure to comply with this Clause
2.
3. Electronic Execution and Communications
When You use the Website or send emails or other data, information, or
communication to petofy.com, You agree and understand that You are communicating
with petofy.com in through electronic records. You consent to receive
communications from us electronically. 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. We will
communicate with You by email or by posting notices on the Website or through
any other petofy.com services. You agree that all the agreements, notices,
disclosures, and other communications that we provide to You electronically
shall be deemed to be an adequate service of notice/electronic record and
satisfy any legal requirement that such communications be in writing.
4. Fees and Services
Membership on the Website is free. Being an Intermediary under the Information
Technology Act, petofy.com does not charge any fee for browsing and buying on
the Website. However, before You list an item for sale through the Website, we
request You to review our Fees and Credit Policy, which is hereby incorporated
by reference into this agreement petofy.com reserves the right to change its
Service Fee and Credit policies from time to time at its sole discretion
including without limitation right to introduce fees for the new services
offered or amend/introduce fees for existing services, as the case may be. Any
modifications to the Fee and Credit policies shall be posted on the Website and
such changes shall become effective immediately. Unless otherwise stated, all
fees shall be quoted in Indian Rupees and be payable to Petofy within such time
as specified in the invoice.
4.1. Taxes: You are responsible for paying all fees associated with the use of
the Website and You agree to bear all and any applicable taxes, charges, cesses,
etc. levied thereon in accordance with the Law or Government Regulations for
the time being in force.
4.2. Non-payment: petofy.com reserves the right to issue a warning, temporarily
/indefinitely suspend or terminate Your membership of the Website and refuse to
provide You with access to all current and future use of the Website in case of
non-payment of fees by You to petofy.com also reserves the right to take legal
action in case of non-payment of fees.
5. Use of the Website
5.1. You understand and agree that Petofy and the Website merely provide
hosting services to its Registered Users and persons browsing/visiting the
Website. All items advertised/listed and the contents
therein are advertised and listed by Registered Users and are third party user
generated contents. Petofy.com neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission nor
selects or modifies the information contained in the transmission. petofy.com
has no control over the third-party user-generated contents and does not
provide any guarantee with respect to any such contents and Petofy shall not be
held liable for any loss suffered by You based on Your reliance on or use of
such data/content.
5.2. You agree, undertake and confirm that Your use of the Website shall be
strictly governed by the following binding principles:
5.2.1. "Your Information” is defined as any information You provide to us
or other users of the Website ("Users") in the registration (as
Registered User or as Guest User), buying or listing process, in the feedback
area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your
online distribution and publication of Your Information.
5.2.2. Your Information (or any items listed): Please note that in accordance
with the Information Technology (Intermediaries guidelines) Rules 2011, in case
of non-compliance with rules and regulations, user agreement and privacy
policy, for access or usage of intermediary computer resources, the
Intermediary has the right to immediately terminate the access or usage rights
of the users to the computer resources of Intermediary and remove non-compliant
information.
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules,
2011, You agree and undertake that You shall not host, display, upload, modify,
publish, transmit, update, or share any information or share/list(s) any
information or item that:
a.
belongs to another person and to which You do
not have any right;
b.
is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
c.
harm minors in any way;
d.
infringes any patent, trademark, copyright, or
other proprietary rights or third party's trade secrets or rights of publicity
or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
e.
involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or
"spamming";
f.
violates any law for the time being in force;
g.
deceives or misleads the addressee/ users
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
h.
impersonate another person/entity;
i.
contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any Trojan horses, worms,
time bombs, cancelbots, easter eggs, or other computer programming routines
that may damage, detrimentally interfere with, diminish the value of,
surreptitiously intercept or expropriate any system, data or personal information;
j.
threatens the unity, integrity, defense, security, or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any cognizable offense or prevents investigation of any offense
or is insulting any other nation.
k.
shall not be false, inaccurate, or misleading;
l.
shall not, directly or indirectly, offer,
attempt to offer, trade, or attempt to trade in any item, dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation, or guideline for the time being in force. Without
prejudice to the generality of the above, petofy.com does not permit
transactions in the following items including but not limited to categories as
stated in the Prohibited and Restricted Items under General Policies and Rules
which can be accessed at
https://petofy.com/privacy-policy
shall not create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; and
m.
shall not link directly or indirectly to or
include descriptions of items, goods, or services that are prohibited under the
User Agreement or any other applicable law for the time being in force
including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And
Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code,
1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information
Technology Act 2000 as amended from time to time and rules there under;
n.
are identical to other items You have up for
auction but are priced lower than Your item's price, the reserve price of the
item, or minimum bid amount; are concurrently listed for sale on a Website other than the Website;
5.2.4. petofy.com shall have the right to use Your Information as provided by
You and such usage of Your information by us will not amount to a violation of
any rights You might have in Your Information. You agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) You have in Your Information, in any
media now known or not currently known, with respect to Your Information. petofy.com
will only use Your Information in accordance with the User Agreement and petofy.com's Privacy Policy.
5.2.5. You represent and confirm that You shall be the sole and exclusive legal
owner of all items, goods, or products of any description that You wish to
offer for sale on the Website. You shall have absolute right, title, and
authority to deal in and offer for sale such items, goods, or products.
5.2.6 In the event that any transaction or attempted transaction relating to any
item, good, or service which is in violation of this User Agreement or
applicable law comes to Your knowledge, You shall take all steps to inform petofy.com
of the same at
marketing@petofy.com
5.2.7. You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000, and rules made there under
as applicable and as amended from time to time and also all applicable Domestic
Laws, Rules, and Regulations (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign
Exchange Laws, Statutes, Ordinances, and Regulations (including, but not
limited to Goods and Service Tax\, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of our service and Your
bidding on, listing, purchase, solicitation of offers to purchase, and sale of
items or services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law including
Exchange Control Laws or Regulations for the time being in force. In particular,
You shall ensure that if any of Your items listed on the Website qualifies as
an "Antiquity" or "Art treasure" as defined in the
Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall
indicate that such Artwork is "non-exportable" and sold subject to
the provisions of said Act, and shall ensure that it is not delivered to the
Buyer (as defined under the Buying section) at any place outside India.
5.2.8. You shall not, either alone or in conjunction with other Users, manipulate
or attempt to manipulate the prices of any item or services being sold or
purchased on the Website.
5.2.9. From time to time, You shall be responsible for
providing information relating to the items or services proposed to be sold by
You. In this connection, You undertake that all such
information shall be correct and accurate in all respects. You shall not
exaggerate or over-emphasize the attributes of such items or services so as to mislead other Users in any manner. It may be
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Website and that You
may be involuntarily exposed to such offensive and obscene materials. It may
also be possible for others to obtain personal information about You due to
Your use of the Website, and the recipient may use such information to harass
or injure You. We do not approve of such unauthorized use, but by using the
Website, You acknowledge and agree that we are not
responsible for the use of any personal information that You publicly disclose
or share with others on the Website. Please carefully select the type of
information that You publicly disclose or share with others on the Website.
5.2.10. You shall not attempt to circumvent or manipulate our Fee structure,
the billing process, or Fees owed to petofy.com as detailed and agreed in MOU
signed by Merchants/Sellers. 5.2.11 You agree that You or any of your
affiliates, Subsidiaries, associate partners to your knowledge, any of your officers,
directors or employees or vendors have not (i) made
or offered to make or receive any direct or indirect payments in violation of
any applicable Indian law including anti-bribery and anti-corruption laws and
other laws (for eg. U.S Foreign Corrupt Practices Act
and the U.K Bribery Act 2010), including any contribution, payment, commission,
rebate, promotional allowance or gift of funds, property or any other economic
benefit in cash or kind or thing of value to or from
any employee, official or agent of any employee, official or agent of any
Governmental Authority where such activity amounts to be illegal and in
violation of applicable laws. If You have reasonable suspicion of the existence
of such conduct, You shall immediately inform Petofy
of such knowledge and if requested by petofy.com, provide to Petofy such
information it may reasonably require regarding such conduct. Petofy shall also
have the right to audit periodically merchants/sellers, if need be in compliance with the above. Petofy shall upon knowledge
of such activities have the right to suspend or terminate the services without
prior written notice should it become aware of a breach by the User of the
representation and warranty given hereinabove.
6. Platform for Communication
PETOFY.COM's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE
MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT,
ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE
BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO
FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE
CONTRACT FOR THE SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT
BETWEEN THE SELLER AND THE BUYER. AT NO TIME SHALL PETOFY' HAVE ANY OBLIGATIONS
OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL Petofy.com HOLD ANY TITLE
IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN
THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
6.1. petofy.com does not control, endorse or accept responsibility for any
product (including but not limited to product catalogs)
proposed to be sold or offered to be sold or purchased on the website or any
linked sites. petofy.com makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such
third parties, their products including representations relating to
merchantability, fitness of a product or service for a particular purpose,
warranty as to specific products and non-infringement of third party
intellectual property rights. Any transactions that the Buyer may have with
such third parties are at Buyer's own risk. The products shall be subject to
Seller's terms and conditions for warranty, service, and maintenance, and petofy.com
does not accept any responsibility for the same. petofy.com also does not
accept any responsibility for the usage of the products by the Buyer.
6.2 petofy.com specifically disclaims any liability with regard to any illegal,
infringing, fake, duplicate, spurious, defective or counterfeit, refurbished,
expired products purchased by the Buyer from the Seller, and petofy.com shall
not assume any liability if the product purchased or availed by the Buyer from
the Seller is not exactly as per specifications detailed in the purchase
confirmation of the order.
6.3 All commercial/contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties, and after-sales services related to goods and
services. petofy.com does not have any control or determine or advise or in any
way involve itself in the offering or acceptance of such commercial/contractual
terms between Buyers and Sellers.
6.4. www.petofy.com is not responsible for any non-performance or breach of any
contract entered into between Users (includes Registered User or Guest User).www.Petofy.com cannot and does not guarantee that the
concerned Users will perform any transaction concluded on the Website.
petofy.com shall not and is not required to mediate or resolve any dispute or
disagreement between Users.
6.5. petofy.com does not make any representation or warranty as to the
attributes (such as legal title, creditworthiness, identity, etc.) of any of
its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website
and use Your best judgment in that respect.
6.6 petofy.com does not warrant that the sale price provided by the Seller of
the product is accurate, proper, and valid. Any error in the sale price shall
be solely attributed to the Seller and not to petofy.com. Prices, Product
description and availability of the Product are Seller's responsibility.
6.7. petofy.com does not at any point of time during any transaction between
the Buyer and the Seller on the Website come into or takes of any of the goods
or services offered by Seller nor does it at any point gain title to or have
any rights or claims over the goods or services offered by the Seller to the
Buyer. Petofy may provide fulfillment and logistics
services to certain merchants/Sellers but still does not take possession or
title of any product or service sold.
6.8 Buyer expressly acknowledges that the Seller selling the defective Product
will be responsible to the Buyer for any claims that the Buyer may have in
relation to such defective Product and Petofy.com shall not in any manner be
held liable for the same.
6.6. The Website is only a venue through which Users can reach a larger base to
buy and sell items or services. petofy.com is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Seller
and the Buyer. At no time shall any right, title or interest over the items
vest with petofy.com nor shall petofy.com have any obligations or liabilities
in respect of such contract for sale. petofy.com is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of items, which are out of stock, back ordered or otherwise unavailable.
All items are offered only for a restricted time and only for the available
supply as offered by the Sellers.
6.7. At no time shall any right, title or interest over the items vest with petofy.com
nor shall petofy.com have any obligations or liabilities in respect of such
contract. petofy.com is not responsible for the unsatisfactory or delayed
performance of services or damages or delays as a result of items which are out
of stock, back ordered or otherwise unavailable.
6.8. You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the other Users that You transact with.
6.9. You release and indemnify petofy.com and/or any of its shareholders, directors,
officers, affiliates, employees and representatives from any cost, damage,
liability or other consequence of any of the actions of the Users of the
Website and specifically waive any claims that You may have in this behalf
under any applicable law. Notwithstanding its reasonable efforts in that
behalf, Petofy.com cannot control the information provided by other Users which
is made available on the Website. You may find other User's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and practice
safe trading when using the Website. Please note that there may be risks in
dealing with foreign nationals, underage persons, or people acting under false pretence.
Disclaimer: You acknowledge and undertake that You are accessing
the services on the Website and transacting at Your own risk and are using Your
best and prudent judgment before entering into any
transactions through the Website. We shall neither be liable nor responsible
for any actions or inactions of Sellers nor any breach of conditions,
representations or warranties by the Sellers or manufacturers of the products
and hereby expressly disclaim any and all
responsibility and liability in that regard.
7. Privacy
We do not sell or rent Your personal information to third parties for their
marketing purposes without Your explicit consent, we only use Your information
as described in the Privacy Policy. We view the protection of users’ privacy as
a very important community principle. We understand clearly that You and Your
Personal Information is one of our most important assets. We store and process
Your Information on computers located in the United States and Asia Pacific at
some of the best data centers in the world that are
protected by physical as well as reasonable technological security measures and
procedures in accordance with the Information Technology Act 2000 and rules
there under. Our current Privacy Policy is available at
[HM3]
https://petofy.com/privacy-policy
.
If You object to Your Information being
transferred or used in this way, please do not use the Website.
We may share personal information with our other corporate entities and
affiliates. These entities and affiliates may market to You as a result of such
sharing of information, unless You explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be
required by us to provide You with the access to our Services, to comply with
our legal obligations, to enforce our User Agreement, to facilitate our
marketing and advertising activities, or to prevent, detect, mitigate, and
investigate fraudulent or illegal activities related to our Services. We do not
disclose Your personal information to third parties for their marketing and
advertising purposes without Your explicit consent.
We may disclose personal information if required to do so under the law or in
good faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third-party rights owners, or others in
good faith belief that such disclosure is reasonably necessary to: enforce our
Terms or Privacy Policy; respond to claims that an advertisement, posting or
other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We and our affiliates will share some or all of Your personal information with
another business entity we (or our assets) plan to merge with, or be acquired
by that business entity, or re-organization, amalgamation, restructuring of the
business. Should such a transaction occur that other business entity (or the
new combined entity) will be required to follow this privacy policy with
respect to Your personal information.
Your Consent: By using the Site and/ or by providing Your Information, You consent to the collection and use of the information You
disclose on the Site by yourpetbuddy.in in accordance with petofy.com Privacy
Policy. You agree and acknowledge that You have read and fully understood the
Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable by You.
8. Breach
Without limiting other remedies, yourpetbuddy.in may limit Your activity,
immediately remove Your information or end Your listing, warn other Users of
Your actions, temporarily/indefinitely suspend or terminate or block Your
membership, and/or refuse to provide You with the access to the Website in the
event, but not limited to:
a.
If You breach the User Agreement or Privacy
Policy or the documents, agreements rules, policies, terms, and conditions as
incorporated herein by reference;
b.
If petofy.com is unable to verify or
authenticate any information provided by You; or
c.
If it is believed that Your actions may cause
legal liability for other Users or petofy.com. We may at any time at our sole
discretion reinstate suspended Users. A User that has been suspended or blocked
may not register or attempt to register with petofy.com or use the Website in
any manner whatsoever until such time that such User is reinstated by petofy.com.
Notwithstanding the foregoing, if You breach the User Agreement or any other
documents it incorporates by reference, yourpetbuddy.in reserves the right to
recover any amounts due and owing by You toyourpetbuddy.in and to take strict
legal action including but not limited to a referral to the appropriate police
or other authorities for initiating criminal or other proceedings against You.
9. Buying
All purchases on the Website are a firm commitment to purchase. If You are the
purchaser for any item, You are obligated to complete
the transaction with the Seller.
By purchasing on an item You agree to be bound by the conditions of sale
included in the item's description (or linked to from the description) so long
as those conditions of sale are not in violation of the User Agreement or are
unlawful. In case of consumer goods, the Sellers on the Website may or may not
specify the retail prices of the items being sold. You are advised to
independently verify the retail prices of such items if You so desire.
petofy.com strongly advises You not to test the Website with false purchases,
as it will put You at substantial personal legal risk. It is an offence to use
a false name, other false personal information or a known invalid/ unauthorized
credit/ debit/ cash card and such other infrastructure directly through Bank or
financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result
in prosecution by petofy.com
Please note that in the event any inaccurate information is provided by You
regarding Your identity, Your Web browser transmits a unique address to us,
which can be used by law enforcement officials to identify You. If You are a
registered Buyer on the Website we encourage You to post feedback for the
Seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable"
on the Website or it is illegal to export the same, You agree that the Artwork
shall not be exported out of India or otherwise dealt in any such manner which
shall be in contravention of any law for the time being in force or any rules,
regulations, notifications and orders passed there under.
10. Fulfillments and
Shipping
petofy.com from time to time may offer certain fulfillment
services to Sellers, however, Sellers remain responsible for the overall
shipping quality, delivery, and cost of shipping. petofy.com may provide
pick-up and delivery services to Sellers but all of
these services are provided as contract or outsourced services on behalf of the
merchants. At no time, petofy.com takes title or ownership of any product or
inventory.
You may return the product purchased by You in accordance with our Return
Policy as mentioned on our website. You hereby agree that the refund for the
returns made by You shall be provided by us as Store Credit in the form of
Clues Bucks You can use these Clues Bucks to purchase anything on petofy or can even have them credited back to you.
11. Buyer Protection at petofy.com
Petofy does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to
sell only genuine products to customers through petofy.com. All Merchants
listing their products on petofy.com.in are required to enter into an agreement
to list and sell only genuine products. We also encourage the merchants to
extend all the warranties, guarantees as entailed in the product by the
Merchant/Seller to You, all this at a great price and with the best customer
services in the industry. It is however clarified that the petofy
seeks to ensure the aforesaid only on a best endeavor
basis and does not assure or provide any personal warranties or assumes and
liability or responsibility pertaining to the genuinity
and authenticity of the products and/or the Seller, for which the Seller shall
be solely responsible and liable.
If petofy.com gains suspicion or knowledge, that any of its members are
involved in any activity that is intended to provide claims or information that
is false, misleading or not genuine, then petofy.com may while reserving its
rights to initiate civil and/or criminal proceedings against member may also at
its sole discretion suspend, block, restrict, cancel the user id of Registered
User and such necessary action against the Guest User of such member and/or
disqualify that member and any related members from availing protection through
this program.
petofy.com reserves its right to initiate civil and/or criminal proceedings
against a user who, files an invalid and/or false claim or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, petofy.com may at its sole discretion suspend, block, restrict,
cancel the User ID [and its related user ids] of such user and/or disqualify
that member and any related members from availing protection through this
program.
Any person who, knowingly and with an intent to injure, defraud or deceive,
files a Fraudulent Complaint containing false, incomplete, or misleading
information shall be guilty of a criminal offence and will be prosecuted to the
fullest extent under the law.
12. Selling/Advertising
As a registered member, You may list item/s for
sale/advertising on the Website in accordance with the Listing Policies more
fully detailed at petofy.com under General Policies and Rules// petofy.com/policies-and-rules.html
which Policy is incorporated by way of reference in this Agreement. You
represent that You are legally allowed to sell/advertise the item(s) You list
for sale/advertising on petofy.com. You further agree to ensure that the
products sold/advertised by You throughyourpetbuddy.in are genuine and are not
counterfeit or stolen/ spurious /grey channel or knock off items. You further
agree to ensure that the items/products listed by You on petofy.com do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text
descriptions, graphics and pictures that describe Your item for sale. You shall
be deemed to be infringing the intellectual property rights of a third party if
You are (i) affixing a registered trademark (or an
identical or similar trademark likely to confuse the public to have an
association with the registered trademark) of such third party to Your goods or
its packaging; (ii) offering or putting for sale or stocking the goods under
the said trademark; or (iii) using the said trademark in advertising Your
product.
You acknowledge that if any genuine claim is received by petofy.com in from any
person through the Report Abuse section of petofy.com (terms of which are
incorporated herein by reference), petofy.com may in its sole discretion block
Your merchant/user account and/or remove the products listed by You on petofy.com,
without any prior notice to You. petofy.com would however provide You a post
facto intimation regarding the same. You agree that You shall have no claim
whatsoever against petofy.com in this regard and the decision of petofy.com, as
aforesaid shall be binding on You.
You further agree to ensure that the listing description of the item must not
be misleading and must describe actual present condition of the product. All
listed items must be listed in an appropriate category on the Website. All
listed items must be kept in stock for successful fulfillment
of sales. If the item description does not match the actual condition of the
item, You agree to replace the product delivered to
the Buyer with the correct product and/or refund any amounts that You may have
received from the Buyer within 10 days of receipt of intimation from us in this
regard. You agree not to list a single product in multiple quantities across
various categories on the Website.yourpetbuddy.in reserves the right to delete
such multiple listings of the same product listed by You in various categories.
13. Payments
petofy.com uses third-party payment providers to receive payments from the
Buyers on Seller's behalf.
petofy.com is not responsible for delays or
erroneous transaction execution or cancellation of orders due to payment
issues. petofy.com takes utmost care to work with 3rd party payment providers,
but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault
at the end of payment providers. Further, www.petofy.com does not release the
payment to Sellers until the order has been received by the Buyers and they are
satisfied with it. petofy.com shall only make payments to the Sellers subject
to realisation of payment received from the Buyer to petofy.com. The Seller
payment is typically net of the service fee charged by Petofy.com for its
services and after deduction of applicable withholding taxes (if any).
14. Feedback
We encourage Registered Buyers on the Website to provide feedback to the
Sellers after the transaction has been closed, this helps other Users to know
the performance level of the said Merchant/Seller. Please remember that You
cannot retract the feedback once You have provided it. Further You agree that
the feedback You provide to the Website shall be deemed to be non- confidential
and will be displayed along with Your user ID. petofy.com will not be
responsible for the feedback that You post on the Website and You should be
careful in making comments that are not factual in nature and should not post
defamatory or illegal or offensive/obscene contents, for which You shall alone
be liable.
You may not take any actions that may undermine the integrity of the feedback
system. If You continue to receive negative feedback ratings, petofy.com
reserves the right to suspend Your membership, and You will be unable to list,
buy or bid on the Website. You agree that Your feedback shall not contain
confidential or proprietary information of You or of third parties.
Export - As feedback ratings are not designed for any purpose other
than for facilitating trading between the Users, You agree that You shall not
market or export Your Website feedback rating in any venue other than on the
Website.
Import - We do not provide the technical ability to allow You to
import feedback from other websites to petofy.com because a composite number,
without the corresponding feedback does not reflect Your true online reputation
within our community.
15. No Warranty
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY
THIRD
PARTY
CONTENT ARE PROVIDED BY PETOFY.COM ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PETOFY.COM MAKES
NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR
YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY
OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS
OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETOFY.COM OR
THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETOFY.COM WILL HAVE NO
LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER
INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER
LAWS. PETOFY.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS,
MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY
CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW PETOFY.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS
A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN
CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR
KNOWLEDGE. PETOFY.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE
WEBSITE IS CORRECT, BUT PETOFY.COM NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA,
INFORMATION, PRODUCT OR SERVICE. PETOFY.COM SHALL NOT BE RESPONSIBLE FOR THE
DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION
OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PETOFY.COM SHALL NOT
BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC
MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE
THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND PETOFY.COM'S
CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN
DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA. PETOFY.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR
LEADING TO AN INVALID COUPON. PETOFY.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR
OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF
ITSELF OR THIRD PARTIES.
16. Limitation of Liability
In no event shall petofy.com or its suppliers, affiliates, service providers
and their respective officers, directors, employees, partner be liable for any
direct, indirect, incidental, special, incidental, consequential , exemplary or
punitive damages whatsoever, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses or based on any theory
of liability including breach of contract or warranty, negligence or other
tortious action or any other claim arising out of or in connection with Your
use of or access to the Website, its services ,content or this agreement
(however arising, including negligence).
petofy.com's entire and aggregate liability in any
circumstance including these terms and conditions shall not exceed the greater
of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by
You to petofy.com under the relevant order to which the cause of action for the
liability related. petofy.com, its associates, affiliates and service providers
and technology partners make no representations or Warranties about the accuracy,
reliability, completeness, and/or timeliness of any content, information,
software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the
Website will be error-free and/or uninterrupted. Consequently, petofy.com
assumes no liability whatsoever for any monetary or other damage suffered by
You on account of:
a.
Delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the Website;
b.
Any interruption or errors in the operation of
the Website.
17. Indemnity
You agree to indemnify and hold harmless petofy.com and (as applicable) petofy.com's parent, subsidiaries, affiliates, third
parties and their respective shareholders, officers, directors, agents, and
employees, from any losses, liabilities, damages, costs and expenses, claims or
demand, or actions including reasonable attorneys' fees asserted against or
incurred by petofy.com, made by any third party arising out of Your breach or
non-performance of terms of the User Agreement, Petofy.com Rules and Policies,
or the documents they incorporate by reference, or Your violation of any law,
rules or regulations or the rights of a third party.
petofy.com may notify You of any claims which You shall be liable to indemnify Petofy.com
against. You will then be required to consult with your Petofy.com regarding
the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any
liability or wrongdoing on the part of petofy.com without the express prior
written consent of petofy.com which can be withheld or denied or conditioned by
petofy.com in its sole discretion.
18. General
18.1. None of the provisions of the User Agreement shall be deemed to
constitute a partnership or agency between You and petofy.com and You shall
have no authority to bind petofy.com in any manner whatsoever.
18.2. Notices: Except as explicitly stated otherwise, any notices shall be
given by postal mail on behalf of petofy.com to <Petofy> Attn: <Dehradun>.,
(in the case of petofy.com) or to the email address You provide to us during
the registration process (in Your case). Notice shall be deemed given 24 hours
after the email is sent unless the sending party is notified that the email
address is invalid. Alternatively, we may give You notice by certified mail,
postage prepaid, and return receipt requested, to the address provided to us
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
18.3. Severability: If any clause of the User Agreement shall be deemed
invalid, void, or for any reason unenforceable, such clause shall be deemed
severable and shall not affect the validity and enforceability of the remaining
clauses of the User Agreement.
18.4. Entire Agreement: This Agreement sets forth the entire understanding and
agreement between You and Petofy.com with respect to the subject matter hereof.
18.5. Assignment: Assignment: You cannot assign or otherwise transfer this User
Agreement, or any rights granted hereunder to any third party. petofy.com may transfer its rights and
obligations (also known as "assign") under this Agreement without
Your prior express consent, provided that Petofy.com assigns the Agreement on
the same terms or terms that are no less advantageous to You.
18.6. Dispute Resolutions: Generally, transactions are conducted smoothly on petofy.com.
However, there may be some cases where both the Buyers and Sellers may face
issues. At petofy.com, we have a Dispute Resolution process in order to resolve
disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in
connection with a transaction on the Website. Disputes arise out of an issue
that is raised by either party not being completely satisfied with the
resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should
attempt to resolve the issue amicably between each other. Please note that
whenever a Buyer raises a dispute, the Seller's payment for that order is put
on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can
write to
support@petofy.com
in order to raise a dispute. Once a dispute is raised by either
party, Petofy.com shall try to mediate and resolve the matter amicably.
18.7. Grievance Officer In accordance with the Information Technology Act, 2000
and rules made there under, the name and contact details of the Grievance
Officer is published herewith:
Grievance and Nodal Officer
Company Name: Petofy
CIN No. -< U74900UR2019PTC010121>
E-mail ID -
support@petofy.com
Phone No. - 78305578768
Website - petofy.com
19. Report an Intellectual Property Right
Violation
In the event You come across any abuse or violation of these Terms of User
Agreement or if You become aware of any objectionable content on the Website,
or if You believe Your intellectual property rights have been violated in any
manner through the Website, please write to support@petofy.com
during Your use of the Website or
thereafter, in connection with the validity, interpretation, implementation or
alleged breach of any provision of the User Agreement, or the documents they
incorporate by reference, the dispute shall be referred to a sole Arbitrator
who shall be an independent and neutral third party identified by petofy.in.
The place of arbitration shall be New Delhi, India. The arbitration proceedings
shall be in the English Language and shall be governed by Arbitration &
Conciliation Act, 1996.
Petofy.com of courts at Dehradun, India.
of courts at New Delhi, India. of courts at Dehradun, India.