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These terms define how the petsNmore platform, products, and services are used and how we protect both users and the business.
general
Terms and Conditions
PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING “PETSNMORE”. YOUR USE OF THIS PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND TERMS OF USE (COLLECTIVELY HEREINAFTER REFERRED TO AS THE “TERMS OF USE OR TERMS AND CONDITIONS”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OTHER POLICIES OF THE PLATFORM, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
The Application “petsNmore” and website www.petsnmore.ai (hereinafter referred to as the “Platform”) are owned and operated by Totus Animalibus Management Technologies Private Limited (hereinafter referred to as the “Owner” or “Company” or “We” or “Us”), a company incorporated under the Companies Act, 2013 of India, having its registered office at 12C, Tower D, Viceroy Park, Thakur Village, Kandivali, Mumbai – 400101, Maharashtra, India and is the sole owner, operator, author and publisher of the Platform.
We recommend that before using any of the services on this Platform, you must read and agree to these Terms and Conditions as well as our Privacy Policy, Refund and Return Policy.
By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing or contributing content or other materials on it, you agree to be bound by these Terms and Conditions. Your access to or use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions and other policies of the Platform.
These Terms of Use along with any other policy or statement or information that may be placed on the Platform, as modified or amended from time to time, are a binding contract between the Company and You, who either access or uses the Platform (hereinafter referred to as “You”, or “User”, or “Your” or “Buyer” or “Customer”).
By accessing, downloading, installing, using, subscribing or registering on the Platform, the User represent to the Company that the User is competent to enter into a contract (i.e. User is a major according to the appliable law, is of sound mind and is not disqualified from entering into a contract under the Applicable Law) and the User have read this Terms and Conditions, understood it and agree to be bound by it. Please review the Terms and Conditions carefully before accessing, downloading or installing the Platform. If you do not want to be bound by this Terms and Conditions, you must not access, subscribe to or use the Platform. Minors will have access to the Platform under the supervision of their guardian or parents and as per the Terms and Conditions mentioned herein.
In addition, when you use any current or future services of the Company or visit or access or purchase from any business affiliated with the company or third-party vendors, whether or not included in the Platform, you also will be subject to the guidelines and conditions applicable to such service, vendor or merchant.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
The headings of the sections of this Terms and Conditions have been inserted only to facilitate reference and shall not be taken as being of any significance whatsoever in the construction and interpretation thereof.
“Applicable law” shall mean any law, statute, order, decree, rule, injunction, license, permit, consent, approval, agreement and/or regulation of any government authority, and/or other legislative or administrative action of a government authority, and/or a final decree, judgment or order of a court which relates to and/or shall be rendered applicable, directly or indirectly, to the provisions of this Terms and Conditions, and/or the Company and/or the User.
“Modules” shall include all features, attributes and user journeys which the User experiences on the Platform.
“User” shall mean legal natural person accessing or using the Device, Service, and/or Platform provided by the Company.
“Pet or Pets” shall refer to any animal, bird, reptile etc. that User keeps at home or allow into the home, and for the purposes of this Terms & Conditions shall include an amphibian, bird, fish, insect, mammal, reptile or any other living creature, who is dependent on the User financially, operationally and/or in any other way, either in whole or in part, and been subject to the Device at the User’s discretion, either solely or jointly with other Users.
Device means any device, that can access the Platform, Product or Service, such as a computer, a mobile/cellphone or a digital tablet or any such digital device.
Products means accessories, apparel, food, other goods, products and services under the Brand “petsNmore” or third party products and services provided or offered on the Platform.
Service refers to the services or features provided on or through the Platform.
Account means a unique account created for You upon Your registration to access and use the Platform and Service or parts of that.
Intellectual Property Rights (IPR) means any patent, copyright, moral right, trademark, service marks, labels, commercial names, logo identity, logo, text, graphics, guidelines, domain names, designs, layouts, compilation, contents, business processes, know how, software, programs, process, source code, concept, idea, systems, process flow, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any other intellectual property right arising under any applicable laws and all ancillary and related right, including all rights of registration and renewal and causes for action for violation, misappropriation or infringement of any of the foregoing.
3.1 Notwithstanding anything contained herein, the Company retains all rights, title, interest and benefits to the Platform and/or Services. For clarification of doubt, nothing in this Terms and Conditions for the time being in force shall preclude any and all rights of the Company, which may vest on it, either directly and/or indirectly, under any other contract, applicable law and/or equity.
3.2 The Company reserves the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Platform and/or Services at any given time without notice, in order to prevent degradation of the Services provided under this Terms and Conditions, or in case of any breach or violation or threatened breach or violation of this Terms and Conditions, or in case the Company learns of a possibility of breach or violation of this Terms and Conditions, which the Company in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Platform and/or Services and the services associated thereto, or to avoid any liability, civil or criminal, on the part of the Company, or for any other appropriate reason.
3.3 The Company reserves the right to discontinue any and all Modules provided to the User on the Platform for any reason whatsoever. The User affirms, acknowledges, understands, and agrees that nothing in this Terms and Conditions, expresses and/or implies in any manner whatsoever, any guarantee and/or warranty in relation to any of the Modules made available herein.
3.4 Any coupons and promotions provided by the Company are only for limited period of time. Notwithstanding anything contained herein, none of the promotional offers are binding on the Company at any point of time and can be withdrawn with or without providing sufficient cause and notice.
3.5 The Company periodically may provide Modules and updates, in relation to the Platform and/or Services. User shall obtain such Modules and updates only from the Company, and the Company may request the User to update the User’s Device to provide it with those updates and Modules. By accepting this Terms and Conditions, the User specifically agrees to receive these types of automatic updates without any additional notice.
3.6 The Company reserves the right to amend, change, upgrade and/or downgrade any and all of the aspects of the Platform and/or Services and/or the associated services at any point of time for any reason whatsoever without any notice.
4.1 NOTWITHSTANDING ANYTHING CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, VENDORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM.
4.2 NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE TOTAL LIABILITY OF COMPANY TO THE USER SHALL NOT BE MORE THAN THE TOTAL COST OF THE SUBSCRIPTION FEE RECEIVED FROM THE USER UNDER THIS TERMS OF USE AT ANY GIVEN INSTANCE.
4.3 THE USER IS RESPONSIBLE FOR MAINTAINING THE SECURITY, INTEGRITY, HEALTH AND BACKUPS OF USER’S DATABASE. COMPANY CANNOT AND WOULD NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF THE USER’S DATA RESULTING FROM THE USER’S FAILURE TO COMPLY WITH THIS OBLIGATION.
Company reserves the right to change, modify, vary, amend or alter all or any of the Terms and Conditions at any time and at its sole discretion without any notice. The most current version of the applicable Terms and Conditions after all changes, modifications, adjustments, amendments and alterations shall be available here.
The Company grants You a personal, limited, non-assignable and non-exclusive license to access and make personal use of the Platform and Services subject to compliance with the Terms and Conditions and applicable laws.
The following actions will be considered as misuse of the Platform and are thus prohibited: reproducing, modifying, distributing, publishing, or commercializing the information without authorization; reversing engineering or bypassing measures; unauthorized access; scraping or exploiting user data; or using the Platform for illegal or harmful activity.
Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Minors under the age of 18 may access the Platform strictly under the supervision of their legal guardian or parents.
Users shall not have more than one Account. The Company reserves the right to refuse service, terminate Accounts, or remove or edit content in its sole discretion.
While the Company strives to provide accurate product and pricing information, typographical errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its sole discretion, either contact You for instructions or cancel Your order and notify You of such cancellation.
We offer You promotional discount codes that are applicable on the purchases made on the Platform. These discount codes can be applicable on all or certain specified Products or Services.
You shall be responsible for payment of all fees, costs, charges associated with the purchase of Products and Services from Us and You agree to bear any and all applicable taxes and charges including but not limited to CGST/SGCT or IGST, duties and cesses, bank charges, payment gateway charges etc.
There may be information on Our Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice.
In case you buy or purchase any Product or Services on the Platform then for such transactions, the parties to the contract will be the Company and You/User and the Terms and Conditions of this Platform shall be applicable and constitute the terms and conditions of such contract.
Payment must be made at the time the Products and/or the Services are ordered (unless you opt for the Cash-on-Delivery option). The Company retains the right to accept or deny any offer made or orders placed.
The User acknowledges that the Company owns, possesses and reserves all right, title and interest in and to the Intellectual Property Rights in relation to the Platform, Brand, Product, Services etc. The Company extends a non-transferable and revocable license to the User to use the Platform and/or Services solely for the purposes mentioned herein.
This Platform may contain links to third party sites or websites. Any outside links are provided only as a convenience. Your use of outside links is at Your sole risk. The Company is not responsible for any outside links, sites, services or other materials linked to or from the Platform.
To the extent permitted by law, Company excludes all warranties, representations and guarantees (whether express, implied or statutory), and We will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by You in connection with Your access to or use of this Platform or the content on or accessed through it.
Please review our Privacy Policy, which also governs your visit to Our Platform, to understand our practices. The personal information/data provided to us by You during usage of Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations.
The Company may assign You a password and Account for identification, to enable You to access and use certain portions of this Platform. You are solely responsible for protecting the security and confidentiality of the Accounts, password and identification assigned and for restricting access to Your Device.
The Company has a right to cancel or refuse the order for any reason. In case of requests for order cancellations by You, The Company reserves the right to accept or reject requests for order cancellations for any reason. We will not be able to cancel orders that have already been processed.
The Company reserves the right to recover the cost of goods, collection charges, damages and other expenses that may occur from persons for using the Platform fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms and Conditions.
There are limited period vouchers and promotional codes which can be issued or cancelled by the Company as part of any campaign or scheme. The terms for these campaigns will be decided by the Company at the time of the campaign and these should be accepted by You.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at Your own risk and are using Your best and prudent judgement before entering into any transactions through the Platform. Your use of this Platform, Products and Services are at Your sole risk.
The Company will do its utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new Products, facilities or Services.
You agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company. You shall defend, indemnify, keep indemnified and hold the Company harmless against any claim, loss, demand, penalty, damage or liability that arises out of or in connection with this Terms and Conditions resulting from Your breach of this Terms of Use, Privacy Policy and other policies.
Under no circumstances will the Company be liable for any delay or failure in performance in whole or in part due to any acts of God, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war, terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, epidemic, pandemic, or any other event or cause beyond the reasonable control of the Company.
The failure by the Company to enforce any right or provision of these Terms and Conditions will not prevent Company from enforcing such right or provision in the future and will not be deemed to modify these Terms and Conditions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Products or Services or this Terms and Conditions must be filed within one (1) year from the time such claim or cause of action arose or be forever barred.
You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Terms and Conditions must be asserted individually.
These Terms and Conditions or Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India. Any dispute arising under or relating to the Terms and Conditions, contents, Your use of the Platform, or Products or Services purchased using the Platform shall be subject to the jurisdiction of the appropriate courts situated in Mumbai, India alone.
Any complaint or concern with regards to the access, usage, comment or breach of the Terms of Use / Terms and Conditions shall be addressed to the designated Grievance Officer of the Company. The complaint shall be registered through a phone call on the number provided below or by sending an email to the respective email address as provided below.
Phone Number: +91 9324858150
Email: contact@petsnmore.ai
The Company reserves the right to terminate the User’s access to the Platform or any Service without any cause or notice. In such an event, the Terms of Use / Terms and Conditions shall come to an end, and the provisions relating to limitation of liability, privacy, governing law, and waiver of class action rights shall survive.
This Terms and Conditions may have been translated and We have made them available to You on Our Platform. You agree that in case of conflict, the original English text shall prevail over the translation in other languages.
These Terms and Conditions / Terms of Use constitutes the complete agreement and sets forth the entire understanding between You and the Company as the subject matter of this Agreement. If any provision of this Terms and Conditions is found by any court or competent authority to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Terms and Conditions, and all provisions not affected by such invalidity shall remain in full force and effect.
By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove.
If you have any questions or concerns about these Terms and Conditions, you can contact us through our Contact Us page or email us at contact@petsnmore.ai.
