TERMS OF USE
Thank you for visiting our website and/or mobile application ‘https://pawspace.in/’ (“Platform”). The Platform is owned by TK Petcare Solutions Private Limited and operated under the name ‘Pawspace’, a company incorporated under Companies Act, 2013. Our registered office is at No. 07/3, 15/1, 185/2, 185/A, 2nd floor, Kokarya, Business Synergy center, Nagananda commercial complex, 18th Main Road, Jayanagar 9th Block, Bengaluru – 560041 (‘Pawspace’, ‘we’, ‘our’, or ‘us’ which expression shall, unless it be repugnant to the context or meaning thereof, include our successors and assigns. The expression ‘you’, ‘your’, or ‘user’ shall unless it be repugnant to the context or meaning thereof shall mean and include any visitor to the Platform). Terms are intended to create a binding contract between you and Pawspace.
Your access or use of this Platform, any transactions undertaken, and any services availed through the Platform are governed by the terms of use provided herein (“Terms”). Alongside, our privacy policy https://pawspace.in/privacy-policy forms an integral part of the Terms. Capitalized terms used but not defined in this Terms have the meanings given to them in the Privacy Policy.
You are required to express your consent to these Terms before you access or use the Platform, directly or indirectly through any social media platforms like Facebook, Twitter, Google+ and other similar social forums (“Social Media”).
We reserve the right to amend the Terms herein, in whole or in part, from time to time without providing any advance notice to you upon undertaking such amendment. Your continued use of the Platform, post any update to the Terms would mean your acceptance. If you do not agree to such amendments, you must contact us at connect@pawpetcares.com. The amended Terms shall be made available on the Platform promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.
PLEASE READ THE TERMS OF USE AND REFERRED POLICIES CAREFULLY BEFORE YOU CONTINUE USING PLATFORM IN ANY MANNER. YOUR CONSENT IS REQUIRED TO THESE TERMS OF USE, WHICH UPON CONSENT WILL BE A BINDING CONTRACT BETWEEN YOU AND PAWSPACE. IF YOU DO NOT WISH TO CONSENT, YOU ARE ADVISED NOT TO USE THE PLATFORM. IF YOU DO NOT CONSENT BUT CONTINUE TO USE THE PLATFORM, AN IMPLIED CONSENT SHALL BE INFERRED FROM YOUR ACTION OF USING THE PLATFORM.
1 . Eligibility of Users
In order to access, use, browse, view or perform any activities on the Platform, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on the Platform, you hereby agree and represent that you are of a legal age and competent to enter into a contract under the Indian Contract Act, 1872 or you have the permission of your parent and/or guardian to do so.
2 . How to use?
2.1. For using the Platform, you will be required submit certain information as required. You must ensure that the Information (as you may voluntarily provide), OTP or any other secret code required by for your access on this Platform is at all times kept confidential, and not disclosed to any third party without your free consent. Multiple users cannot function on the Platform by having the same set of Information (as you may voluntarily provide), OTP or any other secret code as Pawspace restricts the same.
2.2 You are responsible for all activities that occur through your account and consequence thereof. If there is reason to believe that there is likely to be a breach of security or misuse of your account, or breach of your privacy, we have the right to suspend it without any liability for such duration as we deem fit.
2.3 You undertake that the set of Information (as you may voluntarily provide), OTP or any other secret code shall be used by you or anyone who is authorized by you such as your primary caretaker. Where someone else logs in using the same set of Information (as you may voluntarily provide), OTP or any other secret code, we will deem such person is authorized by you to access your profile, process your personal information, and is of legally competent age.
2.4 You undertake that you will provide accurate and complete information for registration, maintain and promptly update your information, maintain security of your account, and promptly write to us if you anticipate or become aware of a security breach.
3. Accessing through Social Media?
3.1 You may access the Platform and avail some Services using Social Media accounts, in which case these Terms along with terms of use and privacy policy of respective Social Media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your Information on any such Social Media.
4. Services
4.1 Platform enables you to avail certain services as provided by Pawspace:
4.1.1 provide an intermediary platform for interaction and commercial transactions related to Services between you,
Pawspace, and Service Providers;
4.1.2 online purchase of Services offered by Pawspace;
4.1.3 facilitating advertisements and promotion of Services by the Pawspace.
4.2 You understand and agree that Pawspace is merely providing and hosting intermediary services between you and the Service Providers and certain employees of Pawspace may be engaged in providing the Services (on sole discretion of Pawspace). Except as otherwise provided in these terms, we have no control over the accuracy, sufficiency, fitness, professionalism, competency and quality of Services provided by the Service Providers, which at all times be the sole responsibility of the Service Provider. While Pawspace conducts background checks, verification and interview of the Service Provider, Service Provider are solely responsible for obtaining necessary permits, providing correct information about themselves and Services offered on the Platform, maintaining resources and infrastructure required, comply with applicable laws, and perform the offered Services upon conclusion of a transaction. You agree that we shall have no liability on this count.
4.3 We solely act as an aggregator or intermediary when you avail Services from the Service Provider, and therefore, you agree that a separate contractual relationship is created between you and the Service Provider. Such contract by conduct does not supersede the Terms contained herein as the same is enabled through the Platform and will apply to you as well as the Service Provider. We do not make any representation or warranty, express or implied for the Services provided by the Service Provider and are not responsible for non-performance or deficient performance of their Services.
4.4 Listing of the Services on the Platform is an invitation to an offer for sale. When you choose to avail a Service, it constitutes an offer from your end to enter into a contract with Pawspace and the Service Provider you will be engaged with. Thereafter, the Service Provider must accept your offer for the transaction to proceed further. For this acceptance, the Service Provider will abide by its own internal processes, the agreement that they shall in an individual capacity enter with Pawspace, and other applicable laws. Until such time, there is no contract between you and the Service Provider. Reference to “offer for sale” or “offer and sale” in these Terms will only mean “invitation to an offer”.
5. Why do we collect and process some information?
5.1 When you avail the Services or access/use the Platform, we may need to access your certain information and specific data including personal data, identity information, contacts, device ID, payment details, financial and health data, etc. Such information provided by you during the registration process and thereafter, helps rendering of Services, offer relevant content, customer service and network management, and all such information and data shall be used and accessed as per the terms of Pawspace’s Privacy Policy. We store information including your personal and financial information by employing adequate security measures as required under applicable law, however, in case of any loss of data or information we do not hold an absolute liability of the same.
6. Data protection & privacy
6.1 Your personal information supplied to us while using the Platform or availing the Services shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the Platform
7. Payment/Refund/Cancellation
7.1 Registration on the Platform is free. We do not charge anything for you to browse the Services through the Platform. The charges to avail Services must be paid online through the payment facility on the Platform. Pawspace’s refund/return/cancellation policy shall govern the terms of payment made on the Platform for availing the Services. However, certain scenarios and our policy and approach towards the issues are covered below for reference:
7.1.1 Booking cancellation by Customer: If a User or pet owner cancels a booking twenty-four (24) hours prior to or during the service period specified in the booking, we will refund hundred percent (100%) of the fees. For any cancellation request made post twenty-four (24) hours of the service period, the Company shall only refund 50% of the paid fees.
7.1.2 Cancellations by Service Provider: If a Service Provider cancels a booking prior to or during the service period identified in the booking, we will refund the fees paid by the User for Services not provided, as well as any service charge paid to the Company.
7.1.3 Delays: If a customer or pet owner delays pet pickup beyond the booking time, the Company shall charge extra fees for another day of Service.
7.1.4 Third party pickup: If a relative/friend/acquaintance or any third person pickup pet of the customer or pet owner, he/she will be required to provide a visual proof (an image) of the pet being boarded/picked up with an express consent and intimation to Pawspace via an email and/or call from the pet owner on +91 72591 03500. Further, in case of delay in pickup from the original pickup time by the third party, the Company shall charge an extra fee of one day for the Service availed by the pet owner.
7.1.5 Refund timeline: Under all the cases mentioned above, the refund shall be made within seven (07) business days by Pawspace and shall reflect in the original bank account of the pet owner through which the payment was made.
7.2 Any payment made for availing Services must be in Indian Rupees (INR).
7.3 You understand and agree that the payment facility provided on the Platform is not banking or financial service, and Pawspace is merely a facilitator to provide an online payment facility for the transaction on the Platform using existing third parties such as authorized banking infrastructure, credit card payment gateway networks, wallets, etc.
7.4 All fees and payments are inclusive of applicable taxes. However, we are not responsible for those taxes which are your legal obligation.
7.5 We act as the Service Provider’s payment agents for the limited purpose of accepting payments from you for the Services availed. We are responsible only for remitting such amounts to concerned Service Provider, and we are not liable for any amount that you may be charged by your bank regarding the transactions.
7.6 We shall not be responsible or assume liability in respect of any loss or damage directly or indirectly arising to you while availing any payment methods including any due to lack of authorization for any transactions, payment issued, pre-set limits with banks, declined transaction, etc. We are not acting in any fiduciary or trustee capacity because we facilitated your payment. While third party payment gateway or your bank processes payment transactions, they are privy and process your personal information, and such processing will be solely their responsibility and we are not liable for any breach or harm or unauthorized use of personal information of any kind by such payment gateway or bank.
8. User conduct
8.1 General terms: You agree that:
- You have reviewed and understood the Terms including the Privacy Policy and refund/return/cancellation policy and expressly consented to the terms therein;
- All information provided by you is true, accurate and complete in all aspects;
- You will not allow any third party to use the Platform or Services in any manner on your behalf;
- You will immediately notify us of any unauthorized use of the Platform by any person using your device or your details or any other breach of security;
- You shall not use the Platform to use or share any information on the Platform that:
(a) belongs to another person and to which you do not have any right to access or use;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy
including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors (i.e., below 18 years of age) in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any applicable law for the time being in force;
(f) is deceiving or misleading to any message or communication addressee about the origin of such messages or communicates information which is grossly offensive, menacing, or illegal in nature;
(g) impersonates another person;
(h) contains software viruses, or other computer codes, files, programs, malwares, bugs, trojans, designed to interrupt, destroy, limit
the functionality of any computer resource or hack, gain illegal access, or steal data and information on computer resource; and/or
(i) threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or
causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation.
- You are accessing and using the Platform and/or the Services at your sole risk and are using your best and prudent judgment before accessing and using the Services and/or the Platform.
- The terms of agreement with your respective mobile network provider or internet service provider shall apply while accessing the Platform; as a result of this, you may be charged by the concerned mobile network provider or internet service provider for using network connection, and you agree to pay such charges, as applicable, when you access the Platform.
- We may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Platform without any prior notification to you, and you hereby consent to the same.
- You are availing the Services with your free consent and with full knowledge of the inherent limitations.
- You have consented with your free will and with all information that your personal information will be shared with third parties, which consent also allows transfer and storage of your sensitive personal information in accordance with the Privacy Policy of the Company.
8.2 Specific terms: You agree that:
- Pawspace will not be liable for any pets that escapes, runs away or is lost when in the care or possession of the Service provider. Pawspace will only assist in making reasonable efforts to find the lost pet and in no way be responsible if Pawspace is unable to find or locate the lost pet. Any lost or missing pet in your knowledge must be reported to Pawspace by you within twenty-four (24) hours of the incident.
- You as a Service User is required to collect the pet at a time and place agreed upon with the Service Provider at the time of booking. In the event the pet is not collected at the said time and place, and that you abandon the pet, Pawspace shall make reasonable efforts to approach and contact the pet owner for the pet’s pickup. If there is no response from the pet owner post twenty-four (24) hours of the pickup scheduled time, Pawspace shall have the right to deposit the pet in any adoption center, home or shelter, and it is strictly not the responsibility of Pawspace or the Service Provider on any issues arising from the pet thereafter.
- Pawspace shall not be held liable in case of loss of any valuable item(s) during or post completion of the Service, you hereby represent, that it is your duty to take appropriate care towards your valuables.
- Pawspace is not liable for any damages associated with the administration of pet boarding or Services availed by you via our Platform through the Service Provider, which may include but are not limited to, bodily injury, mating with, or death to your pet (whether caused by the Service Provider, any family member, friend, pet or other affiliate of the Service Provider or any other third party). It is the sole responsibility of the User to make decisions that are in the best interests of themselves and their pets. You agree not to attempt to impose liability on or seek any legal remedy from Pawspace either during the Service period or post completion of the Service availed.
- Pawspace and Service Provider engaged by Pawspace shall not be liable for any damages, claims associated with the Services, post completion of the service, including but not limited to any allergy, behavioral change or medical issues or death of your pet.
- As a pet owner, you hereby represent, covenant, and warrant to Pawspace and each Service Provider who provides you with the Services that: (1) the pet(s) that you request Services for are your own; (2) your pets are free from fleas, ticks, and other pests; (3) you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Service Provider’s ability to provide the Services; (4) you will have your pets fully vaccinated and up-to-date on all forms of preventative medicine prior to receiving services from the Service Provider; (5) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law; and (6) the pet(s) for which you are seeking services are not dangerous, endangered, illegal or exotic animal or otherwise likely to injure others. If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.
- You will not deposit the responsibility of any endangered, illegal or exotic animal via the Platform with Pawspace, and that Pawspace shall have a right to reject any such request made by the customer.
- You agree to conduct yourself in reasonable manner with the Service Provider while availing the Services via our Platform. The Service Provider shall not be liable for any mishappening, or damages caused to pet beyond reasonable control of the Service Provider.
- Pawspace or Service Provider have the sole and absolute discretion to reject or refuse any pet care services that you may request, including if it violates any law or regulation, are dangerous or unsafe, or otherwise violate these Terms. If Pawspace cancels, reject or refuse the booking for the reasons stated above, Pawspace shall not be liable for any damages or losses caused to the User.
- You release Pawspace from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a sitter, pet owner, service user or other Service Provider in connection with the Platform
9. Proprietary rights and license
9.1 All content and materials, including, but not limited to description of Services, images, text, illustrations, designs, icons, photographs, names, logos, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Platform (the “Content”) are intended solely for personal, non-commercial use.
9.2 The Content is provided by us and you acknowledge that we and/or our affiliates are the sole and absolute owners of any proprietary right in the Content; and except as expressly authorized in these Terms, you shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content.
9.3 We grant you a limited right to access and make personal use of the Platform and to temporarily download the Content for personal, non-commercial viewing only. The said right does not allow you to download, copy, use or access the Content in any manner whatsoever for the benefit of another entity/person, intermediary, or similar platform as ours, or any use of the Content for data mining, or similar data gathering and extraction tools.
9.4 Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Content, is strictly prohibited and will be considered as unauthorized use of the Content resulting in deregistration and debarment from accessing the Platform.
10. Availability of Platform.
10.1 We will use reasonable efforts to make the Platform available at all times.
10.2 However, you acknowledge that the Platform and/or the Services may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.
11. Reviews & feedback
11.1 We shall have proprietary rights over any review, comment, feedback, suggestion, complaint and other submission disclosed and submitted by you on the Platform (except any personal information), or otherwise disclosed and submitted in relation to the Services on any media including Social Media (the “Feedback”); and we shall have worldwide rights, titles and interests in all copyrights and other intellectual properties in such Feedback.
11.2 You expressly assign all proprietary rights including copyright in Feedback to us without any limitation and restriction as to use or ownership, without payment of any compensation. Thus, we shall exclusively own all such rights and titles, and use, reproduce, disclose, modify, adapt, create derivative works from, monitor, remove, edit, delete, publish, share in the Feedback and shall be entitled to use such Feedback in any way, commercial or otherwise.
11.3 You agree that we are under no obligation to maintain confidentiality of any Feedback, to respond to any Feedback, nor shall your Feedback cause violate the Terms or any right of any third party (including copyright, trademark, privacy or other personal or proprietary right(s)) and not cause injury to any person or entity.
12. Limitation of liability
12.1 In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Platform and/or the Services and/or the Content;
- unauthorized access to or alteration of your transmissions or data;
- any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights;
- any non-performance or deficit performance of Services provided or availed by you from the Service Provider;
- any consequence which is not caused by any action or omission on our part.
12.2 This will survive termination of these Terms.
13. Indemnification
13.1 You agree to indemnify and hold us and (as applicable) our affiliates, partner organizations, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of these Terms.
14. Termination
14.1 We reserve the right to suspend or terminate your access and use of the Platform, or any Service if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
14.2 If we terminate access to the Platform, or any Service, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so
15. Governing law and dispute resolution
15.1 The present Terms, Privacy Policy, Disclaimer and any other policies as available on the Platform shall be governed and construed in accordance with the laws of India. All disputes shall be decided by the competent courts of Bangalore, Karnataka, India.
16. Severability & waiver
16.1 In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Platform, the Services, and shall supersede and replace any prior agreements we might have with you.
17. Contact us
If you have any questions about these Terms, please contact us at connect@pawpetcares.com or write to use at No. 07/3, 15/1, 185/2, 185/A, 2nd floor, Kokarya, Business Synergy center, Nagananda commercial complex, 18th Main Road, Jayanagar 9th Block, Bengaluru – 560041.
Further you declare that:
I UNDERSTAND THAT THE TERMS OF USE CONTAINED HEREIN ALONG WITH ITS CONSTITUENT PRIVACY POLICY, DISCLAIMER AND ANY OTHER POLICIES AS AVAILABLE ON THE PLATFORM SHALL GOVERN MY USE AND/OR ACCESS OF THE PLATFORM AS A LAWFUL CONTRACT, BINDING AND ENFORCEABLE ON ME, AND I HEREBY ACCEPT AND CONSENT TO BE GOVERNED BY THESE TERMS OF USE.
