Terms of service

These Terms of Service (“Terms”) govern Your access to or use of the Platform and the Services (as defined below) made available on the Platform. By accessing the Platform or using the Service, You agree to these Terms.  Your access to or use of the Service is conditioned on Your acceptance of and compliance with these Terms and other policies of the Platform. The Company requests You, the users of the Platform (“User”, “You”, “Your”), to please read these Terms and all other policies of the Platform (“Platform Policies”) carefully before using or registering on the Platform. If You do not agree with these Terms or any other Platform Policies, please do not access the Platform or use the Service.

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

The Company provides the service of: (i) offering for sale various pet care products including food, accessories for pets on the Platform (“Product(s)”), and (ii) facilitating veterinary tele- consultation for pets through veterinarians listed on the Platform (“Consultants”) (collectively the “Services”).

 

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

 

  1. Eligibility and Access
  • The Service is not available to persons, under the age of 18 (eighteen) years or to any User suspended or removed from the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from using or accessing the Platform and receiving the Services by the Company or under the applicable laws of India.
  • The Services are always evolving and the form and nature of the Services may change from time to time. In addition, the Company may stop (permanently or temporarily) providing the Service (or any features within the Platform) to You or to Users generally and may not be able to provide You with prior notice.

 

  1. Access and Use of Service
  • In order to use the Service, You are required to create an account on the Platform by providing certain details about yourself, such as Your name, email address and such other details as may be required by the Platform (“Account”).
  • You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform or by writing to the Company at info@doggobite.com. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
  • You are responsible for maintaining the confidentiality of Your Account information and for all activities that occur on or in connection with Your Account. You agree to notify the Company immediately of any unauthorized access or use of Your Account or any other breach of security and ensure that You exit from Your Account at the end of each session. You acknowledge and agree that the Company is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of Your Account. You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
  • You shall not have more than one active Account on the Platform. You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an Account with the Platform. The Company reserves the right to refuse access to the Service to new Users or to terminate access granted to existing Users at any time if such access or use of the Platform or the Service is found to be in breach of these Terms or Platform Policies or applicable laws or pursuant to any administrative or judicial order or direction by any governmental authority.
  1. Acceptable Use
  • The Service permits You to buy the Products available on the Platform and/or to available veterinary teleconsultation provided by registered Consultants.
  • You represent and warrant that You shall not:
  • upload, publish, transmit, update or share information;
    1. that belongs to another person and to which You do not have any right;
    2. that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, insulting, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, pedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another’s privacy, including bodily injury, or relating or encouraging money laundering or gambling; and
    3. that is patently false and untrue, and is written or published with the intent to mislead or harass a person, entity or agency for financial gains or to cause any injury to any person;
  • violate any law, regulation, or court order;
  • violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party;
  • harms minors in anyway;
  • send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
  • send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform, including from any User of the Platform;
  • transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;
  • stalk, harass, threaten, harm or impersonate any third party;
  • participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
  • use any means to scrape or crawl any part of the Platform;
  • attempt to circumvent any technological measure implemented by the Company, any of the Company’s service providers, or any other third party (including another User) to protect the Company, the Platform, Users, Recipients, or any other third party;
  • access the Platform to obtain information to build a similar or competitive application, or provide similar Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Platform;
  • send communication that 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 offence or prevents investigation of any offence or is insulting any other nation; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

  1. Fees and Payment
  • Fees: The fee for the Services and the Products is as specified on the Platform. You agree to pay all amounts due in accordance with the payment terms in effect when You purchase any Service or Products.
  • Currency: All transactions shall be in Indian Rupees (“INR”) unless otherwise specified at the time of purchase.
  • Payment: All payments for the Services or Products purchased by You through the Platform, shall be made by using a valid payment mode through the applicable third party payment provider (the payment provider as selected by the Company) (“Payment Details”). You hereby represent that You have the authority to use such payment mode and have sufficient funds to complete the Services. By providing such details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such details; (2) You are legally authorized to perform payments using such details; and (3) such action does not violate the terms and conditions applicable to Your use of such details or applicable law. You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that the Company does not operate, own, or control the payment provider and only facilitates the third-party payment gateway for processing of payment. Your use of Your payment card is governed by Your agreement with and the privacy policy of the payment provider and not these Terms. You agree to immediately notify the payment provider of any change in Your billing address (or other information) for Your payment method. In the event You opt for ‘cash on delivery’ for the purchase of Products through the Platform, it will be governed by the specific cash on delivery policy of the Platform.
  • Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized throughthe Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
  • The Platform shall not be responsible for any unauthorised transactions conducted on Our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
  • Additional shipping charges may be applicable on the Products purchased by You. Please refer the shipping charges policy for the applicable shipping charges.
  • Any and all cancellation of the orders placed by You shall be governed by the cancellation policy and all refunds will be governed by the refund policy.
  • Payment Questions: If You have a question about a purchase made on the Platform or a charge to Your payment card, please contact Us at info@doggobite.com. The Company has the sole discretion to determine how billing disputes will be resolved.

 

  1. Copyright and Intellectual Property Policy
  • Take Down Notice: The Company responds to notices of alleged copyright infringement and terminate access to the Platform for repeat infringers. If You believe that materials on the Platform infringe copyright, please send the following information to the Company at info@doggobite.com:
  • Your address, telephone number, and email address;
  • a description of the work that You claim is being infringed, with adequate information to identify the work;
  • a description of the material that You claim is infringing and are requesting be removed along with information about where it is located or stored;
  • details establishing that the work which is the subject matter of infringement is being infringed, and details establishing that You are the owner or exclusive licensee of the work or agent of such owner or exclusive licensee;
  • an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner);
  • details of the person, if known, who is responsible for uploading the work infringing Your copyright;
  • an undertaking that You shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of the take down notice by the Company; and
  • a statement by You, made under penalty of perjury, that the information You are providing is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.

 

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

  • Termination Policy: If We determine that You are a repeat infringer, We may terminate Your access to the Platform, remove or ban You and/or terminate any Account created or controlled by You, and take other appropriate action in Our sole discretion.

 

  1. License to Use the Service and Platform
  • Subject to compliance with the Terms, the Company hereby grants You a personal, royalty-free, limited, non-assignable and non-exclusive license to use the Service and the Platform. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service for Your personal and non-commercial use, in the manner permitted by these Terms. You agree not to use the Service for any public performances.
  • You may access the Service only in geographic locations within India.
  • You agree to use the Service only: (a) for purposes that are permitted by the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use or access of the Service by other Users.
  • You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the Platform. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or Company Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service.
  • You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.

 

 

  1. Disclaimers and Limitations on Our Liability
  • You acknowledge and agree that Your use of the Platform is at Your own risk and that the Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Company disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of or in the course of dealing with or usage of the Platform. 
  • In particular, the Company make no representations or warranties about the accuracy or completeness of content available on or through the Platform, third party website linked to or integrated with the Platform, the Services or the Products. The Company does not warrant or endorse the effectiveness, quality or safety of the Products or Services available on the Platform. The Company disclaim all responsibility for any harm to the patients resulting from any Product/ Services available on the Platform.
  • You acknowledge and agree that the Company will have no liability for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury, property damage, or other harm resulting from Your access to or use of the Platform; (iii) any unauthorized access to or use of Our servers, any personal information, or User data; (iv) any interruption of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through the Platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through the Platform.
  • You acknowledge and agree that when using the Platform, You will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against any Company Party with respect thereto.
  • The Company shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond the Company’s control.
  • The Company shall not be liable for any deficiency of Services if any arises including but not limited to cancellation of order due to any unavailability of the Consultants. We shall not be liable for the general conduct of the Consultants, any unwarranted act performed by the Consultant or any advise or opinion given by the Consultant.
  • The Platform is only an intermediary with respect to the teleconsultation services and cannot be held liable for any dispute/claim/damages etc. that arise between the Consultant and the Users for whatsoever reason it may be.
  • The Company ensures that the pricing and availability of Products and Services on the Platform is accurate and up to date. However, rarely, there may be an error on the pricing of a Product/Service or an error related to Product availability. In such cases, We are not responsible for any typographical errors and We reserve the right to cancel the sale.
  • To the fullest extent permitted by applicable law, You acknowledge and agree that in no event will any Company Party be liable to You or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages. 
  • To the maximum extent permitted by applicable law, the Company’s total cumulative liability to You or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the amount paid by You at the time of purchase of goods or purchase of Services on the Platform during, immediately preceding the date of the claim.
  • You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and You.

 

  1. Violation of the Terms

 

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

 

  1. Suspension and Termination
  • The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
  • The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
  • If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
  • You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.
  • The Company shall have the right to cease/terminate the relationship by giving You a prior twenty-four (24) hours’ written notice.