We, Petzzco Private Limited, having its registered office at 703 Golden Chambers Premises Co-op Soc Ltd Andheri Link Road Andheri (West) Mumbai - 400053 (“Company” or “We” or “Us”), are the sole owners of the website domain at www.petzzco.com and mobile application “Petzzco” available at Google Play Store/Apple App Store (collectively referred as “Website”).
This Agreement is in compliance with the provisions of Indian laws, including: (a) the Indian Contract Act, 1872; (b) the Information Technology Act, 2000 and rules, guidelines and clarifications thereunder.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
Words will have the meanings given to them in this Agreement, including without limitation as set out below:
means this Vendor On-boarding Agreement along with the Subscription Form executed by and between Company and Vendor and includes all subsequent modifications and amendments thereto;
means any and all applicable laws, statutes, orders, rules, treaties, decree, regulations, directives, edicts, by-laws, schemes, warrants, other instruments made under or to be made under any statute and codes of conduct and regulatory rules or guidelines, local or national, international or otherwise existing from time to time, together with any other similar instrument having legal effect in the relevant circumstances in the territory of India;
all information whether technical or commercial know-how (including all specifications, inventions, processes, initiatives, drawings and designs, disclosed in writing, on disc, orally or by inspection of documents or pursuant to discussions between the parties) given by one party to the other or otherwise obtained by one party and relating to the other party's business, finance or technology, know-how, Intellectual Property Rights, assets, strategy, products, including the Website, Services, Content and information relating to management, financial, marketing, technical and other arrangements or operations of any person, firm, or organization associated with that party where the information is:
(a) identified as confidential at the time of disclosure; or
(b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
means all information of whatever form relating to Vendor, its subsidiaries, or business that is provided by Vendor in connection with the Services, including Items, in connection with their access to and/or use of the Website.
means cash on delivery, paid by the Customers for the Services acquired.
means the date of Vendor’s signature on the Subscription Form
means the fees in the form of either subscription charges or commission owed by the Vendor to the Company for the use of Website equal to the amount mutually agreed by the Parties in writing or as may be specified under the Subscription Form.
means an event or sequence of events beyond a party's reasonable control (which could not reasonably have been anticipated and avoided by a party) preventing or delaying it from performing its obligations hereunder, including without limitation war, revolution, terrorism, riot or civil commotion, lock-down or reasonable precautions against any such; strikes, lock outs or other industrial action, whether of the affected party's own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; explosion, fire, corrosion, flood, natural disaster, or adverse weather conditions, epidemics, pandemics or consequences thereof. Force Majeure does not include, without limitation, inability to pay, mechanical difficulties, shortage or increase of price of raw materials, over-commitment or market or other circumstances which are under a party’s reasonable control;
will mean the subscription form signed by the Vendor for availing the subscription to the Website and providing the Services on the Website, containing Vendor-specific main commercial terms, and subject to this Agreement.
Intellectual Property Rights
means any and all copyright, know-how, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, the right to sue for passing off, utility models, domain names and all similar rights and, in each case whether registered or not, including any applications to protect or register such rights, all renewals and extensions of such rights or applications, whether vested, contingent or future and wherever existing;
means goods or products offered by a Vendor to the Customer as part of the Services through the Website;
Vendor or You
means the individual or an entity specified under the Subscription Form wishing to provide its Services to the Customers through the Website;
means the placement of an order by the Customer with the Vendor facilitated through the Website;
means the online and mobile based payment mechanisms including the third-party payment gateways, credit card/debit card/banking transfer and/or e-wallets and/or Vendor credits that are available on the Website for the purposes of facilitating the payment of the Services purchased by the Customer;
Payment Gateway Fee
means the fees chargeable by the Payment Gateway, payable by Vendor, as part of its receipt of payment services on Website.
means the Vendor and the Company;
will refer to those employees, consultants, sub-contractors, workers, personnel of the Vendor who may use the Website to provide the Services to Customers.
refers to the animal owned by the User/Customer pursuant to whom Services are availed by the User/Customer.
means any services of sale or Items/ Products by the Vendor or provision by Vendor of any services, including but not limited to offering Pet grooming services, Pet boarding services, Pet training services, Pet walking services, veterinary services to the Customer through the Website.
will commence on the Effective Date and will remain in full force and effect over the period specified under the Subscription Form (if any);
means the geographical boundaries of India. The territory may change or extend beyond the geographical boundaries of India, in the Company’s sole discretion.
a purchase or sale of Products or Services by the Customer completed through the Website;
means any party who accesses the Website and avails subscription to the Website, to acquire the Services offered by the Vendor through the Website;
2. VENDOR REGISTRATION
- To begin the on-boarding process, Vendor must complete the registration process for use and access to the Website and create an account/User ID (the “Account”). By registering on the Website, Vendor represents and warrants that:
- Vendor can lawfully enter into and is eligible to form contracts under the Indian Contract Act, 1872 (or any other law in force) and that Vendor is fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in this Agreement. 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 or be onboarded as Vendors.
- If Vendor registers as a business entity, Vendor represents that it is duly authorized by the business entity to accept the terms and conditions of this Agreement and Vendor has the authority to bind the business entity to this Agreement and that the business entity is registered under the applicable laws.
- Vendor will, at all times comply with the Applicable Laws and Vendor’s use of Website and provision of Services or sale of Items via the Website does not violate any Applicable Law.
- Vendor has not been previously removed from using the Website by Company or Vendor’s Account has not been terminated by Company.
- Vendor does not have any other fictitious Account registered on the Website.
- All the information provided by Vendor is true, accurate, current and complete, and Vendor will not hold Company liable to verify any such information or its eligibility or authority to use the Website or enter into this Agreement.
- Vendor is legally competent to sell the Items and Services it has enlisted on the Website and has all the necessary licenses and permits required for such sale. If Vendor purchases the Services or Items from a third-party supplier (“Supplier”), then Vendor should procure a no objection certificate from the owner/manufacturer of the Items or Services to facilitate such sale via the Website. Vendor will remain liable for all acts or omissions of the Supplier during the Term of this Agreement.
- Vendor must ensure that the listed Services do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may include text descriptions, graphics, pictures or videos that describe Vendor’s Services and Items.
- The listing description of the Services must not be misleading and must describe the actual Services to be provided by Vendor. If the Service description does not match the actual Service being provided, Vendor agrees to refund any amount that it may have received from the Customer. Vendor must provide all the information about the Services which are required to be displayed on the Website as per the Applicable Laws. Company will not be liable for any inaccurate information or for any misrepresentation by Vendor.
- Upon enrollment on the Website, the Vendor will provide all necessary information as reasonably required by the Company. Vendor agrees to provide Company with accurate, complete, and updated information and authorize the use and disclosure of its information to Company to allow the Company to complete the Vendor’s on-boarding onto the Website. Vendor also agrees that it will ensure that any information provided by it on the Website will be kept accurate and up to date. Only on providing information in accordance with this Section accurately, will the Vendor be able to provide Services to the Customers through the
- Vendor may, at the discretion of the Company, also execute a Subscription Form in the format provided in Annexure A with the Company. The Subscription Form will contain the commercial details relating to the subscription to the Website by the Vendor.
3. USE OF WEBSITE
- Subject to the terms and conditions of this Agreement, Company hereby grants to Vendor during the Term, a fixed-term, non-exclusive, non-transferable, revocable, non-sub-licensable, worldwide, limited license to use and access the Website to enable Vendor to directly promote, advertise and offer Services to the Customers. Nothing herein contained will be construed as granting to Vendor any Intellectual Property Right, which includes copyrights, regarding the Website, except as expressly provided for hereunder.
- Vendor will ensure that its Permitted Users also use the Website as per the provisions of the Terms and Conditions.
- For the avoidance of doubt, it is hereby expressly clarified that Company is merely facilitating the Services through the Website and does not act as agent, partner, fiduciary or trustee for the Vendor and that the Vendor will be solely responsible and liable for:
- quality of the Items and Services listed and advertised on the Website;
- processing of the Orders which have been placed by the Customers with the Vendor on the Website;
- the delivery and performance of Services or any issues associated therewith;
- the quantity, availability, quality, safety or legality of any Items provided as part of the Services by Vendor;
- the accuracy, likeness or usefulness of the description or classification of any Items; and
- the ability of Vendor to fulfil obligations towards any Service or completion of a Transaction.
- The Vendor will:
- provide the Company with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of Vendor’s account.
- notify the Company immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to the Company immediately and use reasonable efforts to stop any unauthorized use of the Website that is known or suspected, and (iii) not provide false identity information to gain access to or use the Website.
- list and display on the Website, all necessary information about itself and the Services and Items and update it from time to time, including the description of the Items, the country of its origin, the manufacturer of the Items, name of the Supplier (if applicable), warranties relating to the Items and disclaimers, if any;
- ensure and give any and all access required by Company in order to access any of Vendor’s accounts, for its provision of the Website;
- provide Company with all data and information in Vendor’s possession in the reasonably requested electronic format, as may be necessary or appropriate to enable Company to perform its obligations in a timely manner and Vendor will otherwise reasonably cooperate with Company in connection therewith. Further, Vendor will ensure that the information on the Website is true, accurate and updated, including but not limited to Vendor name, address, contact telephone number, email ID, manager/contact person details, price lists, service addresses, and other relevant information pertaining to the Services or Items;
- cooperate with Company and assist Company by making available, as reasonably requested by Company, management decisions, information, approvals, acceptances, and access to key decision makers and managerial, administrative and technical personnel, in order for the obligations of Company under this Agreement to be properly and timely performed;
- process and execute the Services promptly;
- contact the Customer if an Order from a Customer cannot be processed as requested or to clarify the details thereof, if required, post confirmation of the Order;
- remove any Items unavailable with it;
- warrants that the Items provided to Customers as part of the Services are:
- of high quality and fit for purpose; and
- comply with all Applicable Law.
- exclusively be responsible for the fulfilment of Orders, performance of Services to Customers;
- ensure that the Items are of the quality listed as advertised on the Website;
- ensure that the Services provided are in accordance with Orders placed by Customers;
- not circumvent the Order process on the Website by using alternative means to connect with the Customer to provide Services which had been rejected through the Website;
- execute the Order and promptly indicate and provide real time estimates for completion of Order.
- Vendor undertakes not to engage in any activity on the Website, or provide any information, which is or includes material that:
- would violate any agreement to which Vendor is a party;
- is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence, hatred, bigotry, racism or discrimination;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of Intellectual Property Rights, privacy rights, or proprietary rights of other Vendors, Users, Company or a third party;
- impersonates or misrepresents Vendor’s affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves pyramid schemes;
- exposes Confidential Information or proprietary information of a third party or Vendor;
- interferes with or in any way disrupts the Website, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Website or computer systems, network, usage rules, or any of the Company’s security components, authentication measures or any other protection measures applicable to the Website or any part thereof; or
- conflicts with the Agreement, as reasonably determined by Company.
- Vendor will not use the Website, in connection with any of the businesses and activities as provided below. Company will either terminate this Agreement forthwith or suspend the Vendor’s account, if any Applicable Laws are breached by the Vendor pursuant to this clause:
- Illegal Activities.The sale of any goods, products and services that violate any Applicable Law.
- Certain Adult Oriented Goods and Products.Child pornography or beastiality (in all media types such as Internet, phone, and printed materials). Any depiction of forcible sex or beastiality is prohibited.
- Illegal Drugs.The sale of illegal pharmaceuticals, illegal drugs, or drug paraphernalia.
- Counterfeit Goods.The sale or marketing of any counterfeit goods.
- Gambling Businesses.Illegal online gambling, lotteries (including sale of lottery tickets), games of chance (including sweepstakes and raffles), sports forecasting, or odds-making.
- Vendor acknowledges and agrees that Company reserves the right to suspend the Vendor’s access to the Website, remove Vendor’s Data and Items from the Website due to Vendor’s breach of Applicable Laws or any of the provisions under this Agreement.
- Confidentiality:The Vendor must not disclose any Confidential Information about Company and Website, including but not limited to its business strategies, pricing, revenues, expenses, and Order information to third parties. The Vendor will only use the Confidential Information for the purpose it is disclosed for. Furthermore, the Vendor will keep Confidential Information and data received from the Company in strict confidence and will not disclose it to any third Parties except to a limited group of Vendor’s directors, officers, agents, authorized representatives or professional advisors on a need-to-know basis and who are under the same or similar obligation of confidentiality. Upon request by the Company, the Vendor will immediately return to the Company, all Confidential Information disclosed by the Company and all copies thereof. All such information will be and will remain the sole property of the Company.
4. TRANSACTION BETWEEN VENDOR AND CUSTOMERS
- Parties hereby agree and acknowledge that the contract for provision of Services and Items as a part of the Services is a contract between Vendor and Customer and Company is a mere facilitator and is not and cannot be a party to any Transaction or dispute between Customers and the Vendor therefrom. Therefore:
- The Company provides an independent venue for Vendors to offer the Services and for Customers to purchase Services from Vendors on the Website. Company has no control over the quality, safety, accuracy, effectiveness, correctness or legality of the Services and Items provided as standalone sales or as part of the Services, the accuracy of any related content, the ability of Vendors to provide Services or Items or the actual intent of Customers to buy Services. Company does not guarantee, nor does it control whether the Vendors and Customers will complete the Transaction, because Company does not and cannot control the actions of Customers or Vendors on the Website, in its capacity as a facilitator. In the event that the Vendor has a dispute with one or more Customers, Vendor agrees to release Company from any and all claims, demands and damages (actual, direct, indirect, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
- All commercial/contractual terms are offered by Vendor and agreed upon between Vendor and Customers alone. The commercial/contractual terms include price, payment methods and terms, date, period, warranties and after-sales warranties related to Items and Services. Company does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Vendor and Customer. It is agreed that the contract for sale of any Services or Items will strictly be a bipartite contract between the Vendor and Customer, however effected.
- Company does not make and will never provide any representations or warranties regarding specifics (such as quality, value, and merchantability) of the Services or Items proposed to be sold, offered to be sold or purchased on the Website and the Items provided as part of the Services. Company accepts no liability for Vendor’s errors or omissions or of any third parties, including Suppliers, in relation to the Service.
- Company does not make and will never provide any representations or warranties regarding the legal title over the Items or the Customer’s creditworthiness, identity, etc. Vendor will independently verify the bona fides of any Customer.
- Company is not responsible for any non-performance or breach of any contract between the Vendor and Customer. Company cannot and does not guarantee that the Customers concerned will perform Transaction(s) concluded on the Website. Company will not and is not required to mediate or resolve disputes or disagreements between the Customer and Vendor, including any disputes arising out of the Transaction(s).
- Company is not responsible for unsatisfactory or delayed performance of Services, damages, or delays as a result of Items which are out of stock, unavailable, or back-ordered.
- Vendor will release and indemnify Company and/or any of its employees, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Website and specifically waive any claims that Vendor may have in this behalf under any Applicable Law. Notwithstanding its reasonable efforts on that behalf, Company cannot control the information provided by other Users which is made available on the Website. Vendor may find other User's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safety when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
5. PROVISION OF SERVICES
- Vendor will provide all the Services to the Customers in accordance with this Agreement. The Services may include but not limited to Veterinary Service, Registration of Pet, Pet Training, Pet Walking, Pet Grooming, Pet Boarding (Kennel), NGO (For Donations), SOS 24 hour service (Ambulance), Can I be a pet parent (Engaging feature), Pet Dating (Pet Engaging Feature), E-Commerce, Pet Events (Our event, participation in events), Community Model (Example- FaceBook), Adoption of Pets (Domestic and Stray. Vendor will comply with the specific terms and conditions mentioned in Annexure B (special terms and conditions) as may be applicable for the Services performed by the Vendor. This Annexure B may be amended by the Company at any time during the Term.
- Vendor will at all times provide all accurate information relating to it and its Services as may be required by the Company or as per Applicable Laws on the Website.
- Vendor will ensure that the marketing of its Services, provision of its Services and Items as part of the Services complies with all the Applicable Laws including Consumer Protection Act, 2019 (read along with its applicable rules and regulations), import, export and trade compliance laws (whether in India or any other jurisdictions and as be amended from time to time) and any policies of the Company including the Terms and Conditions and will not indulge in any unfair trade practices.
- In the event, Vendor sources the Items from any third party Supplier, Vendor will obtain all applicable licenses and consents for the use of such Supplier’s Items, prior to the display / advertising of such Items on the Website. In the event, Company receives a claim and/or notice from an owner/manufacturer of Items regarding the unauthorized sale or Transaction of the Items on the Website, Company will forward such claim to Vendor and Vendor will be liable to defend such claims and keep Company harmless and indemnified against the same. Company may also provide all Vendor’s necessary information to any such party from whom a claim has been received by Company and Vendor will have no objection to the same. Company may further take any other appropriate legal action against Vendor, as it may deem fit, in this regard.
- Vendor will also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) and any rules notified in connection therewith (collectively “GST Acts”) in respect of the Services supplied by Vendor. Seller will be solely responsible for collection and remittance of applicable taxes with respect to the sale of the Services to the relevant government authorities in a timely manner and Company will not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Vendor. Vendor hereby agrees to keep Company harmless and indemnified in this regard. The indemnity obligations of the Vendor contained herein will survive the termination of this Agreement.
- On receipt of an Order for Services or Items, Vendor shall:
- Confirm the Order within a period not exceeding 3 hours from receipt of the Order to the Customer. Any delay by the Vendor in confirming the Order to the Customer, may entitle the Company, at its discretion, to levy penalty on the Vendor.
- On confirmation of the Order, the Vendor shall intimate the shipping details and delivery date to the Customer.
- In the event, the Vendor does not have the Item available in its inventory, the Vendor shall update the status of the Item on its account to prevent receiving the Order for the same from the Customer. In the event Vendor receives the Order for such Item which is unavailable, Vendor, shall immediately notify to the Customer of cancellation of the Order.
- Vendor may cancel or reschedule the Services in case of genuine conflict in the time of Services accepted or for any reasons beyond the reasonable control of the Vendor. However, in no event, shall Vendor cancel or re-schedule the Services without reasonable cause. Any cancellation or re-scheduling of Services for unreasonable reasons, shall entitle the Company, at its discretion, to levy penalty on the Vendor.
- Transactions, Transaction price and all commercial terms such as delivery, dispatch of Services including Items are as per principal to principal contractual obligations between Vendor and Customers and the Payment Gateway is merely used by Vendors and Customers to facilitate the completion of Transactions. Use of the Payment Gateway will not render Company liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Services (including Items) listed on the Website. Vendor hereby agrees and acknowledges that the Payment Gateway will charge a Payment Gateway Fees for providing the payment facility to the Vendor on the Website.
- Vendor agrees that the Transaction price paid by a Customer will be remitted to a Vendor’s bank account contingent upon the following events:
- Customer confirms the delivery of Services or Items in the transaction;
- Customer does not take any action on Payment Gateway to confirm acceptance of delivery within such a time period as provided in the policies despite confirmation of provision of Services by Vendor to the Customer;
- Customer’s refund claim is rejected by Company due to any breach of the Agreement, policies, and any Applicable Law.
- Invoice generation: Seller expressly agrees that issuing correct and complete invoice is one of the primary responsibilities of the Vendor. Notwithstanding anything else contained in this Agreement, the Vendor will be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
- In case of any chargebacks levied by the bank, Company will have the right to deduct such chargebacks from Vendor remittances, present and future, and Vendor’s only remedy will be to discuss and resolve the same with the bank. Vendor hereby agrees to extend full cooperation in resolving the chargeback disputes raised by a Customer through the bank and will provide necessary documentation regarding the Transaction to the complete satisfaction of the bank. In case the chargeback is ruled against Vendor, Company will be entitled and authorized to recover the same from the Vendor to its fullest extent and the bank’s decision will be final and binding in this regard. In the event Company has made any excess payment to the Vendor inadvertently, such excess payments will be set-off from any future payments payable by Company to the Vendor.
- Company or the Payment Gateway may delay notifying the payment confirmation, i.e. informing the Vendor to dispatch the Services if Company deems suspicious or a Customer conducts high transaction volumes to ensure safety of the Transaction and Transaction price. In addition, Company may hold Transaction price and not inform Vendor to dispatch the Services or may remit Transaction price to law enforcement officials (instead of refunding the same to a Customer) at the request of law enforcement officials or in the event of a Customer being engaged in any form of illegal activity.
- Vendor acknowledges that Company will not be liable for any damages, interests, claims etc. resulting from not processing a Transaction/Transaction price or any delay in processing a Transaction/Transaction price.
- Company will make payments into the bank account provided by a Vendor during the Vendor registration process. Once Company has made payments into such a bank account number, Company will be discharged of any/all liabilities towards the Vendor and the Vendor will not be eligible for any claims whatsoever.
- Company may only facilitate the logistic partner for the delivery of the Services to the Customers and Vendor will route all shipments/consignments through such logistic partners. The said logistic partner would be directly liable to Vendor for the delivery of the Services. Company would not be liable for the acts / omissions of the logistic partners during the delivery of the Services.
6. TERM AND TERMINATION
- The license to use, and access the Website is granted to the Vendor for the Term as may be selected by the Vendor in the Subscription Form and unless Vendor’s subscription is terminated in accordance with this Agreement, the Vendor will have the option to renew its subscription to the Website before the lapse of such Term. Upon payment of Fees for renewal of subscription by the Vendor, the subscription will be renewed for a period of similar duration as that of the Term(each "Renewal Term"). The Term will be effective from the actual date of Vendor’s subscription to the Website.
- Automatic Termination:Vendor’s right to access and use the Website terminates automatically upon:
- Vendor’s material breach of any Terms and Conditions;
- Permitted Users’ material breach of any Terms and Conditions;
- if Company is unable to verify or authenticate any information provided by Vendor/Permitted Users;
- if it is believed that Vendor’s /Permitted Users’ actions may cause legal liability for Vendor, other Users, or Company;
Company may at any time, in its sole discretion, reinstate suspended Vendor. A Vendor that has been suspended or blocked may not register or attempt to register with Company or use the Website (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Vendor is reinstated by Company. Notwithstanding the foregoing, if Vendor breaches the Agreement or other Terms and Conditions, Company reserves the right to recover any amounts due and owed by Vendor to Company and 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 Vendor.
- Vendor’s right to termination:The Vendor may terminate this Agreement without cause, by giving a written notice of thirty (30) days to the Company wherein, the Vendor will be entitled to use the Website until the last day of the month in which the Services are terminated.
- Parties’ right to termination: Either Party may terminate this Agreement in the event that (i) the other Party is in default of any of its material obligations hereunder and such default is not remedied within thirty (30) days of receipt of written notice thereof or (ii) the other Party is adjudicated bankrupt or becomes insolvent, makes any assignment for the benefit of creditors, proceedings are instituted by the other Party seeking relief, reorganization or rearrangement under any laws relating to insolvency, bankruptcy or similar laws of any jurisdiction, a receiver, liquidator or trustee is appointed in respect of any property or assets of the other Party or an order is made for the liquidation, dissolution or winding up of the other Party.
- Effect of Termination: Upon the expiry of the Term or termination of this Agreement for reasons as stated above:
- the Vendor’s and its Permitted User’s right to access the Website will immediately cease. Thereafter, Vendor and its Permitted User will have no right, and the Company will have no obligation, to perform any obligations for the Vendor.
- Termination of the Agreement or Vendor’s deletion of its Account will not immediately remove the contents of the Account and the Account will continue to be functional and Vendor will be liable to the extent of any uncompleted Services that the Vendor has agreed to avail or provide till the date of completion, including any pending delivery of Services or Items or pending payment for purchase of any Services. If a Vendor executes service contract(s) with a Customer and the term of such contract(s) extend beyond the Term, the Vendor will perform all its pending obligations with regards to the said service contract(s) as on the effective date of termination including but not limited to settlement of all payment obligations to the other party or the Website or any third party, completion of the Transaction envisaged under the said service contract(s), and will remain liable for all its obligations including post service warranties, indemnity obligations and liabilities for the said Transaction. Company will not be liable for any breach of such service contracts executed between the Vendor and Customer.
- Discontinuation of the access to the Website will not entitle the Vendor to refund of the Fees for the remainder of the period of the Term.
7. WEBSITE AND VENDOR’S CONTENT
- All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘WebsiteContent’) are third-party generated Website Content and Company has no responsibility or liability over such third-party generated Website Content as Company is merely an intermediary for the purposes of this Agreement. Except as expressly provided in the Agreement, no part of the Website including the Website Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Company’s prior written consent.
- Vendor represents, warrants, and agrees that no Content/details shared by it with Website violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
- In addition to this, Vendor will ensure that the Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party; and (ii) misrepresents or defrauds the other users as to Vendor’s identity; and (iii) contains anything that is obscene, defamatory, harassing, offensive, malicious, harmful, abusive, invasive of privacy, defamatory, threatening, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. It will further ensure that all Content is free from any virus, Trojan etc.
- At no point of time, will Company take any responsibility for the Content that is uploaded through the Website and Vendor will indemnify and hold Company harmless for any claims related to its Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website. If Vendor violates the Agreement, the Account will stand terminated and its use thereof will be permanently suspended. In case Vendor has paid any Fees, such Fees will not be reimbursed to Vendor. Notwithstanding the foregoing, to the extent applicable by law, Company or another defrauded User reserves the right to proceed in legal action against Vendor, in the event of breach under this clause of the Agreement.
8. PROPREITARY RIGHTS
There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by Company or otherwise. By displaying them on the Website, Company is not granting Vendor any license to utilize those proprietary logos, service marks, or trademarks. Company owns all rights in any intellectual property rights created or developed by Company and exclusively owns all rights (including intellectual property rights), title, interest in respect of the Website.
VENDOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT ITS OWN RISK AND THAT THE WEBSITE AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE ITEMS DISPLAYED ON THE WEBSITE AND VENDOR’S USE OF THE SAME THEREOF. COMPANY DOES NOT WARRANT THAT ITEM OR SERVICE DESCRIPTION OR OTHER CONTENT ON WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND ASSUMES NO LIABILITY IN THIS REGARD.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, ITEMS OR THE WEBSITE'S CONTENT OR THE DETAILS AND CONTENT SHARED BY OTHER VENDORS/ USERS ON THE WEBSITE OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM VENDOR’S ACCESS TO AND USE OF THE WEBSITE, SERVICE AND SUBSCRIPTION THERETO, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL, TECHNICAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE . COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE, ITEMS OR ANY TRANSACTION BETWEEN VENDOR AND/OR OTHER USERS. COMPANY WILL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION BETWEEN USER AND THE WEBSITE AND THE IMPACT ON THE USAGE OF USER.
VENDOR ALSO AGREES NOT TO INTERFERE WITH OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PARTS OF WEBSITE OR ANY ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS, ETC. VENDOR UNDERSTANDS AND ACKNOWLEDGES THAT THE WEBSITE IS PRONE TO UNINTENTIONAL INACCURACIES IN WEBSITE CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.
Company will have the right to inspect and audit each Vendor’s records and premises / place of business through itself or through Company approved third party testing agencies. Cost of such an audit will solely be borne by Company unless the audit reflects discrepancy in User’s accounts / non-compliance with Company’s policies, in which case the cost of audit will be borne by such a User, in addition to refunding any overcharge on the Company.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF VENDOR’S USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AND IRRESPECTIVE OF WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT POSTED ON ACCOUNT, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION OF LIABILITY WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES THROUGH THE ACCOUNT OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VENDOR SPECIFICALLY ACKNOWLEDGES AND AGREES THAT COMPANY WILL NOT BE LIABLE FOR VENDOR DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY VENDOR OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH VENDOR. NOTWITHSTANDING ANYTHING TO THE CONTRARY UNDER THIS AGREEMENT, IN NO EVENT WILL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, HOWSOEVER ARISING, EXCEED INR 1000 (ONE THOUSAND). THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
In addition to its other indemnification obligations under the Agreement, Vendor will indemnify and hold harmless Company, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out or relating to: (i) details and Content that Vendor submits or transmits for the Services on the Website; or (ii) any Transactions between Vendor and Company; or (iii) Vendor’s violation of any rights of any other person in connection with the Website; and (iv) infringement of any third party intellectual property rights; (v) any breach of the terms and conditions of this Agreement or the Appendices, as applicable to the Vendor; (vi) breach of any terms and conditions by a Permitted User; (vii) any breach of applicable law or violation of any Applicable Laws; (viii) any death, personal injury, damages to property of the Customer or Pet.
Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, confidentiality, miscellaneous terms, prohibited conduct will survive any termination.
15. MISCELLANEOUS TERMS
- Choice of Law and Jurisdiction
This Agreement will be construed and governed by the laws of India. Any dispute arising, between Vendor and Company will be submitted to arbitration to be conducted in Mumbai, India in English language, in accordance with the rules of the Arbitration and Conciliation Act of 1996, as amended from time to time. The arbitration will be conducted by a sole arbitrator, who will be appointed by the Company and the award made in pursuance thereof will be binding on the Vendor and the Company. The dispute resolution and arbitration process mentioned in this clause will not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Mumbai, India will have an exclusive jurisdiction over such disputes.
- Force Majeure
Without limiting the foregoing, under no circumstances will the Company be held liable for any damage or loss due to deficiency in performance of its obligations resulting directly or indirectly from a Force Majeure event.
- Change in terms of Agreement
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, the Company reserves the right to change this Agreement at any time and to notify Vendor by posting an updated version of the Agreement on this Website. Vendor is responsible for regularly reviewing this Agreement. Continued use of the Website after any such change will constitute Vendor’s consent to be bound by the updated Agreement. Vendor’s only right with respect to any dissatisfaction with this Agreement, any policy or practice of Company in operating the Website or any Website Content available through the Website, is to stop visiting and using the Website. These terms were last updated on November 12, 2021.
- No waiver
The Company’s failure to insist on or enforce strict performance of any of the terms of this Agreement will not be construed as a waiver of any provision or right.
If any part of this Agreement is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.
- No agency relationship
Vendor agrees that no joint venture, employment, or agency relationship exists between Vendor and the Company as a result of this Agreement or from Vendor’s use of the Website. Vendor will not make any statement or enter into any commitment, agreements or arrangement on behalf of the Company, unless Vendor is authorized to do so.
- Entire Agreement
This Agreement and the Terms and Conditions notified by the Company constitute the entire agreement between Vendor and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between Vendor and the Company relating to this subject matter.
- Contact Us
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the website to www.petzzco.com or mail us at email@example.com.
This Subscription Form # [•] (the “Form”) is being offered to the Vendor for its subscription to the Services offered by [•], a company incorporated under the laws of India with its registered place of business at [•] (the “Provider”).
This Form will be governed by and be read in conjunction with the Vendor On-Boarding Agreement available at [•] (the “Agreement”). Any terms herein capitalized but not otherwise defined will have the meaning ascribed to them under the Agreement.
COMMENCEMENT OF SERVICES
(will be the date of Vendor’s signature of the Form)
Billing start date
Vendor Legal Entity Name
Vendor Registration Address
VENDOR CONTACT DETAILS FOR INVOICING AND PAYMENTS
Contact Phone number
Contact Email Address
1. Bank Name
2. A/C Name
3. A/C Number
5. SWIFT Code
Rate of Fees
Initial Period for subscription
months/year from the Effective Date
Website Facilitation Fee
% of the amount paid to the Company
Payment Gateway Fee
% of the amount paid to the Payment Gateway
Fee and Payment Mechanism (for detailed terms, please refer to the Agreement)
All Fees listed above are exclusive of Taxes. Any applicable Taxes will be separately stated at the time of invoice.
All Fees mentioned under the above table will be payable in accordance with the payment terms agreed under the Agreement.
It is agreed and understood that this Form does not contain sufficient matters upon which a final agreement can be reached. We thereby agree to be subject to and comply with all provisions of the Agreement displayed on Provider’s Website, as may be amended from time to time, the terms of which are incorporated by reference herein and deemed to be part of this Form to the same extent as if such provisions had been set forth in full herein. Except as expressly set out herein, We hereby agree that the terms of the Agreement supersede any and all previous agreements/forms between the parties for the provision of the Services.
Agreed by the Vendor
SPECIAL TERMS AND CONDITIONS APPLICABLE TO THE VENDORS
This Section applies to You if You offer Veterinary Services to the Customers.
- The Vendor 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 Vendor, Company shall have the right to replace such Vendors for the purpose of consultation to the User.
- The Vendor further understands that, there is a responsibility on the Vendor to treat the User, pari passu, as the Vendor would have otherwise treated the User on a physical one-on-one consultation model.
- The Vendor has the discretion to cancel any consultation at any point in time in cases where the Vendor feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Vendors. However, it is strongly recommended that the Vendor advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
- The Vendor is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Vendor shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Vendor shall at all times ensure that all the applicable laws that govern the Vendor shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- Vendor shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Vendors’ knowledge.
- For direct consultations on the Website, the practitioner shall ensure that they respond to User's Pet’s health concern within a maximum of two (2) hours of the Vendor receiving the message (in exceptional circumstances, where the consultation was allocated to a Vendor without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
- In case, the Vendor accepts a User’s consultation by their own choice, then such Vendors shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for a Vendor during an active consultation shall not exceed five (5) minutes.
- In case, the Vendor has marked himself/herself available for a particular consultation on the Website and in the event a consultation has been auto allocated to a Vendor, then such Vendors shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.
- Vendors should provide e-prescriptions to the Users only via the prescription module. However, when the Vendor creates an e-prescription, the Vendor will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Vendor hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Vendor hereby agrees to hold Company, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
- For a Vendor to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
- Summary of presenting illness
- Provisional diagnosis
- Medicine posology including side effects if any
- Lifestyle changes
- Other instructions if any
- Referral for physical consultation (if necessary)
- Where the Vendor learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Vendor shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
- Vendors shall not prescribe drugs or medicines which are prohibited by Applicable Law on the Website. If any such drugs are indicated for treatment for a given consultation, the Vendor shall refer the User for a physical consultation.
- The Vendor is not allowed to use any other Website other than the Website for the purpose of interacting/communicating with the User and any attempt by the Vendor to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Vendor.
- If the Vendor’s performance on the Website is not compliant with the expected guidelines of Company or the Vendor is found to be misusing the Website, the Vendor may result in losing the privilege of using the Website.
- The Vendor acknowledges that should Company find the Vendor to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Company shall be entitled to cancel the consultation with such Vendor or take such other legal action as may be required.
- In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact Company's support team via online chat: firstname.lastname@example.org.
- It is further understood by the Vendor that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Vendor privilege.
- The Vendor understands that Company makes no promise or guarantee for any uninterrupted communication and the Vendor shall not hold Company 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 Company
- The Vendor understands that Company makes no promise or guarantee for the number of consultations that will be allocated to a Vendor on the Website. The consultations allocated to a Vendor will depend upon various factors, which inter-alia includes, Company response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Vendor to keep a track of their overall performance using the Website.
- It shall be the responsibility of the Vendor to ensure that the information provided by User is accurate and not incomplete and understand that Company shall not be liable for any errors in the information included in any communication between the Vendor and User.
- The Vendor shall indemnify and hold harmless Company 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 Vendor, violation of any law, rules or regulations by the Vendor or due to such other actions, omissions or commissions of the Vendor that gave rise to the claim.
SALE OF PRODUCTS THROUGH THE WEBSITE:
This Section applies to You if You offer Items on the Website for sale to the Customers.
- Parties agree and acknowledge that Vendors will sell Items to Customers directly through the Website.
- Vendor will provide all accurate information relating to the Items including accurate description, features, access and usage conditions, all mandatory notices and information to be provided by Applicable Laws, expiry date of Items, country of origin of Items, name and details of importer and guarantees relating to authenticity and genuineness of the imported Items, accurate information relating to terms of delivery, return, refund, shipping costs, any relevant warranties and guarantees or disclaimers relating to the Items.
- Vendor acknowledges that Company will in no case, purchase the Items from the Vendor or lease them from the Vendor and will only facilitate the sale and distribution of such Items to the Customers through the Website.
- In this regard, Vendor will directly invoice the Customer for provision of Items by way of the Payment Gateways on the Website.
- Company may contract with the Payment Gateway to disburse all amounts arising out of the Transaction to Vendor while setting off the facilitation fees, which will be disbursed to the Company by the Payment Gateway. Any Payment Gateway Fees in this regard will be borne by the Vendor.
- Vendor hereby agrees and acknowledges that a) the Company will not be liable for any damages, costs, bodily or personal injury, death, damages to property to the Customer due to the use of the Items; and b) the Company will not be liable for any and all damages, defects caused to the Customer by use of the Items.
This Section applies to You if You offer Pet Walking, Grooming and Training Services through the Website to the Customers.
- Vendor willpersonally deliver the Services of pet walking, grooming and training that has been agreed in a friendly and professional manner.
- Vendor willrespond quickly (within 24 hours) and professionally to customer inquiries and booking requests.
- Vendor will ensure that Pet has at least 25 minutes’ walk daily in morning and evening.
- Vendor will ensure to comb the Pet on a regular basis.
- Vendor will ensure that paws cleaning of the Pet will be done on a regular basis.
- Vendor will keep a live track of Pet walking.
- Vendor will provide the Pet a Shampoo Bath.
- Vendor will ensure to comb the Pet on a regular basis.
- Vendor will dry the hair of the Pet after bath.
- Vendor will cut the nails of the Pet regularly.
- Vendor will clean the ears of the Pet regularly
- Vendor will keep the availability and account up to date.
- Vendor will confirm that it is legally able to provide Service in its jurisdiction.
- Vendor will ensure that the Pet is kept in a hygienic place.
- Vendor will ensure that Pet has at least 15min walk daily in morning and evening.
- Vendor will ensure to comb the Pet on a regular basis.
- Vendor will ensure that the Pet gets home cook food.
- Vendor will ensure that the Pet is fed at least two times a day.
- Vendor will ensure that there is 24/7 caretaker with the Pet.
- Vendor will ensure that the Pet will not be in a cage or tied up.
- Vendor will ensure to bath the Pet twice.
- Vendorwill provide basic training to the Pet wherein the Pet will learn to sit, stand, stay, come, down, rest, potty, heal walk, jumping control and others.
- Vendorwill provide intermediate wherein the Pet will be trained to shake hand, hi-fi, speak, counting, shoot, zigzag, sleep, salute and others.
- Vendorwill provide basic training to the Pet wherein the Pet will learn to socialization, long stay, food resistance, fetch, hold & drop, guarding, crawl, attack & reverse.
- If the entity registering as a Vendor is an NGO, the NGO should have all the requisite and relevant licenses, consents to register as an NGO on the Website and obtain the donations through the Website. The NGO should be a validly existing legal entity which should have the appropriate license to conduct its work as an NGO. Company may require the NGO to provide all the relevant documentation which shall be promptly provided by the NGO in no later than 2 Business Days to Company.
- NGO should ensure that it uses the donations for the purpose for which those donations are obtained.
- If the NGO is required to provide any certificates including tax exemption certifications to the donors, the NGO shall provide the same on a timely basis.
- NGO shall comply with all applicable laws including taxation laws while using the Services on the Website and seeking and obtaining the donations and using the same for the cause which was mentioned on the Website.
- NGO may have to provide the information, proof, documentation, records relating to such usage of the donations on the Website if required by the Company.
Where Customers leave their Pets with the Vendors for the provision of Services and where Customers fail to retrieve their Pet within seven (7) days after the Service period identified in an Order (or an earlier period required under applicable animal abandonment or cruelty laws), the Vendor shall take all efforts to contact the Customer. Where the Customer is not reachable for fails to respond, the Vendor may, place the Pet in foster care and/or notify animal control authorities. Any costs incurred by the Vendor for such activities or actions, will be paid by the Customer and Company will not be liable for the same. Further, if the Vendor deems it necessary, it may remove a Customer’s Pet from a Vendor’s care for the safety of a Pet, the Vendor, or any persons living with the Vendor. Prior to removing a Pet from the care of a Vendor, Vendor shall use reasonable efforts during its normal business hours to contact the Customer and/or the Customer’s emergency contact (if provided) to arrange alternative care. Should Vendor not be able to contact the Customer or the emergency contact, Vendor shall use its best judgment to find alternative care for the Pet until the Customer is able to retrieve his/her Pet.