These Terms of Service apply to all users of the PawClub Service. Information provided by our users through the PawClub Service may contain links to third party websites that are not owned or controlled by PawClub. PawClub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, PawClub does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, PawClub will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that PawClub shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor does it necessarily reflect PawClub’s belief.
Errors, Corrections, and Right to Modify or Discontinue Service and Site
We do not represent or warrant that the PawClub Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the PawClub Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the PawClub Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. PawClub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. PawClub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
- Subject to your compliance with these Terms of Service, PawClub hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service. You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without PawClub’s prior written authorization. You will not attempt to reverse engineer, alter or modify any part of the Service. You will otherwise comply with the terms and conditions of these Terms of Service. The Application is currently made available to you free of charge for your personal, non-commercial use. PawClub reserves the right to amend or withdraw the Application/mobile site/website, or charge for the application or service provided to you in accordance with these PawClub Mobile App, mobile site & website terms, at any time and for any reason.
- You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data backup of the content that is available to you by use of the PawClub Site, PawClub Mobile Site or PawClub Mobile App. or use of the PawClub Service that is available through any other mediums.
- In connection with Ratings and Tag your friends, you further agree that you will not submit material that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
- PawClub does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and PawClub expressly disclaims any and all liability in connection with ratings and/or submissions.
- You understand that when using the PawClub Service you will be exposed to Ratings and Review submissions from a variety of sources, and that PawClub is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of PawClub. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PawClub with respect thereto, and agree to indemnify and hold PawClub, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the PawClub Service.
- PawClub reserves the right to discontinue any aspect of the PawClub Service at any time.
- Right, But Not Obligation, to Monitor Submissions: PawClub does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PawClub DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. PawClub DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PawClub DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL PawClub BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF PawClub IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. PawClub DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.ADDITIONAL
Users using any of PawClub service across the following mediums i.e. through internet i.e. www.PawClub.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with PawClub. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and PawClub does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with PawClub. Further, PawClub is not at all responsible for any act of Advertiser/s listed at PawClub.
You agree to defend, indemnify and hold harmless PawClub officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: Your use of and access to the PawClub Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the PawClub Service.
Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information except that in case you are a customer of our search services through any of the Media, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers/advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any Product/Service or Product
/Service of any subscriber/advertiser or Product/Service of any particular subscriber/advertiser.
We will share Personal Information only under one or more of the following circumstances: – If we have your consent or deemed consent to do so
– If we are compelled by law (including court orders) to do so.
In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website, if you wish not to disclose any Personal Information you may refrain from doing so. However, if you don’t provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of our services. Information which can be personally identifiable information or/and financial information obtained from the user to avail one of the services on PawClub platform would be available across PawClub for availing any of the services provided by PawClub.
The Information PawClub Collects
PawClub may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
You provide certain Personally Identifiable Information, such as your mobile phone number, and mobile device information to PawClub when choosing to participate in various uses of the PawClub Service, such as registering as a user, and viewing ratings of contacts in your address book. In order to provide the PawClub Service, PawClub will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail PawClub services and to provide ratings of establishments we have received from users of these mobile numbers. PawClub may access your location information to provide search results based on your geo location. This allows the software to provide relevant search results. Location data gathered from a mobile phone is used only to provide search results and is not used in any other manner whatsoever. For some of the service offerings, a user may have to part with financial data which is required to execute a particular service request – for example, booking a pet accommodation, pet friendly hotel, grooming service, UPI payments, send payment to vendors, etc. A user may not part with the information for which the service offering won’t be available.
The Way PawClub Uses Information
If you submit Personally Identifiable Information to us through the PawClub Site, or PawClub Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the PawClub Site and PawClub Service. In particular, your mobile phone number is essential to your use of the PawClub Service and will be retained. Your name (as it is saved in other user’s mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App. PawClub will use your mobile number and contacts list to identify friends in your network who have rated establishments and/or are users of PawClub Services.
Limitation of Liability
You acknowledge that PawClub is provided “as is site” and that PawClub is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods which will be supplied or delivered by its listed advertiser for any particular purpose. You agree that in using PawClub, you are not relying on any statement or representation made by PawClub which is not expressly contained in this Agreement. IN NO EVENT SHALL PawClub BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF PawClub ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. PawClub DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications. You hereby confirm and acknowledge that the contact details and other details provided by you to PawClub will be used and forwarded by PawClub to the respective advertiser for which call or enquiry has been made by you.
PawClub’s listed advertiser/actual business owners who have processed and delivered your order as per your request are solely responsible for quality, delivery and billing of the products. PawClub only acts as a channel between you and the actual business owners/listed advertiser. We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose. We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the goods supplied/delivered by the Advertiser. We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
DISCLAIMER OF WARRANTY
- This website is available to you on “as-is whereis basis.” You bear the risk of using it. PawClub gives no express warranties, guarantees or conditions. PawClub will make all reasonable efforts to provide uninterrupted access subject to downtime and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that PawClub and its business partners disclaim all warranties including but not limited to express or implied, written or oral. PawClub shall not be responsible or liable if any unauthorised person hacks into or gains access to your website. In addition, PawClub shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services, etc. PawClub does not warrant that services will be provided uninterrupted or free from errors or that it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from PawClub or through PawClub shall create any warranty. PawClub shall have no liability in this respect.
- PawClub’s sole obligation and your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavours to restore the Services as soon as reasonably possible.
During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, you agree not to develop or create any program of your own that is comparable in functionality or would compete with PawClub’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer PawClub Materials or attempt to discover source code or other information concerning PawClub Materials including, without limitation, its design.
PawClub will exercise no control whatsoever over the content of the information passing through the network, email or website.
- No Guarantee of Business: PawClub does not guarantee that by installing and using this software, your business/profit will increase.
- No Marketing: PawClub is not obliged and does not promote your business. PawClub’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from you.
- Changes/Modification: We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We assume no liability or responsibility for your failure to receive a notification.
Client will use PawClub services in compliance with all regulations, laws and terms applicable to Client, including those of PawClub and of Servers locations.
RIGHT TO USE
Upon execution of this Agreement, you are granted the right to use the service in accordance with the terms of this Agreement.
PawClub relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients’ accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain’s primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client notifications to PawClub should be made using PawClub’s portal.
Client bears all responsibility for ensuring effective cancellation of Client accounts. This responsibility includes providing effective and verifiable notification to PawClub of the Client’s desire to cancel an account. This responsibility shall not be waived or modified by Client in any way at any time subsequent to the submission by Client of an application for a PawClub account. PawClub will implement this without further notification.
REFUSAL OF SERVICE
PawClub reserves the right to refuse or cancel service at PawClub’s sole discretion, with or without reason, with or without warning, and without indemnification.
Any attempts to undermine or cause harm to any server are strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorised access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.
Clients can use the resources of PawClub in a reasonable way, which doesn’t disadvantage other clients of PawClub. PawClub will be the sole arbiter as to what constitutes a violation of this provision. Failure to comply is subject to immediate account Deactivation
You represent and warrant that
- You would be solely responsible and liable for the information uploaded, edited, modified on the website provided by PawClub.
- You shall be solely responsible and liable for any dispute arising out of your usage of our products and services.
- You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the services/product. PawClub reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.
- You undertake to provide a copy of the licences/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, aadhar card, voter id card and residential proof such as electricity bill, telephone bill, etc., (in case of individuals) required to use our products and services.
- You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by PawClub, at its sole discretion.
- You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow PawClub/Government/statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services.
- You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit your website for any purposes including but not limited to, buying the product/s or availing the services whether online or otherwise.
- You shall ensure and take all appropriate security measures to prevent unauthorised disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever.
- You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using PawClub products and services.
- You shall cooperate with PawClub and render assistance to it for connecting the respective software systems of the Parties.
- You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data stored on your computer system.
- You acknowledge that responsibility for all content provided by you to PawClub for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that we will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content.
- You acknowledge and agree that we may elect at our sole discretion to monitor the Content and your activities on the Website. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
- You agree to use the Services and the Website for legal purposes only. In the event that we become aware or reasonably believe, in our sole discretion, that the Website is being used for illegal purposes, we shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law.
- The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client’s account or PawClub’s services. PawClub shall be the sole arbiter as to what constitutes violation of this provision.
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity.
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to PawClub’s servers or to any other server on the Internet.
- You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to PawClub and/or any Client in any way.
- PawClub assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/DND registry with the Telecom Regulatory Authority of India.
- You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder.
- You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network of PawClub, without the permission of PawClub.
- You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of PawClub, without its permissions, and further shall not use the said devices for cheating by personation.
- You and any person on your behalf shall not access or use an Internet account or computer resources without the owner’s authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever;
- You and any person on your behalf shall not introduce or cause to be introduced, any computer contaminant or computer virus into any computer system or computer network and damage or cause to be damaged, any computer system or computer network, data, computer data base or any other programmes residing in such computer system or computer network.
- You and any person on your behalf shall not, disrupt or cause disruption of any computer, computer system or computer network or deny or cause the denial of access to any person authorised to access any computer system or computer network by any means.
- You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminish its value or utility or affect it injuriously by any means and steal, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.
- You agree that you and any person on your behalf shall not indulge or conspire, in any manner, whatsoever in the aforesaid illegal activities. PawClub shall have the right, but not the obligation, to remove the Content which is deemed, in PawClub’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
- You are strictly prohibited from installing any third party software on our products and services without the express written authorization of PawClub. In the event that you install third party software on PawClub’s servers without the express written authorization of PawClub, PawClub at its discretion shall have the right to terminate the Services without any Notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in “BANNED PRODUCTS & SERVICES ” at any time during the tenure of this Agreement. Without prejudice to PawClub’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to PawClub immediately upon demand, damages suffered by PawClub directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the “BANNED PRODUCTS & SERVICES”
- The terms of this agreement is for the period of 5 (Five) years. This agreement may continue subject to the payment of hosting service fee as applicable, or until the termination of this agreement, as specified under this agreement.
- This Agreement may also be terminated at any time by PawClub without assigning any reasons. PawClub has the right to terminate this Agreement and your right to use this service upon any material breach of terms and conditions by you.
- This Agreement may be terminated by PawClub, upon your linking in the illegal, unlawful and prohibited activities prescribed under this agreement.
- Upon termination of this agreement, PawClub shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.
LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES
- You agree that PawClub shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorised use or misuse of their account identifier or password.
- PawClub’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim – e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to PawClub while availing PawClub’s service under this agreement.
- PawClub will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if PawClub has been advised of the possibility of such damages. PawClub is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of recreating lost data, the cost of any substitute equipment or program, or claims by you.
PawClub currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. PawClub may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
This refers to the various kinds of Listings Services that can be selected by the Vendor. PawClub reserves the right to change the Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. The Vendor acknowledges that numbers of enquiries shall solely be dependent on the market trend/response or user’s demand and PawClub does not guarantee the numbers of enquiries, however it shall be its endeavour to provide the services on best effort basis.
VENDORS’ OBLIGATIONS TOWARDS END USERS
The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors. If any dispute is raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services, or if it fails to rectify defective goods or deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two day. In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then PawClub as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper. The vendor acknowledges and accepts that vendor is solely responsible
- for falsely describing its product or service; or
- to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or
- to deliberately conceals important information in relation to any product or service; or
- for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or
- for falsely representing about the standard, quality or grade of services; or
- for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or
- for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or
- for falsely representing about the sponsorship or approval or affiliation; or
- makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or
- gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or
- gives false or misleading facts disparaging the goods, services or trade; or
- for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;
- for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services;
- for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed;
- for disclosing to other persons any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force. The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.
VENDORS’ OBLIGATIONS TOWARDS PawClub
The vendor acknowledges that it shall be solely responsible for all materials/information and its use of PawClub’s directory services. The Vendor/vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor/vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy. The vendor acknowledges that PawClub is basically a local search providing directory service and do not seek any fulfilment of the product/services delivered or not, and it is the vendors responsibility to deliver the goods & services whose business is listed on PawClub’s platform. The vendor acknowledges that PawClub is not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users. The vendor acknowledges that PawClub warrants that any proof/intimation or dispatch of such Proof of Fulfilment provided will be authentic, whether electronic or otherwise. Provided that, if PawClub so requires, the physical proof of dispatch of the Proof of Fulfilment of the Product shall be made available to PawClub. All Proof of Fulfilment of Products shall be maintained by the vendor for a period of at least 3 (Three) years from the date of such fulfilment. The vendor acknowledges that PawClub shall also not be responsible for any non-delivery/non-fulfilment of any Products/Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and PawClub shall not be made party to such disputes. The Vendor shall hold PawClub safe and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified PawClub at all times against all such actions and claims. The vendor acknowledges that PawClub shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with PawClub’s directory service, which is required to be maintained by or under any law. The vendor acknowledges and accepts that it restrains itself from:
- unreasonable security deposits from end users for the performance of contractual obligations; or
- imposing any unreasonable penalty on the end users, for the breach of contract; or
- refusing to accept early repayment of debts on payment of applicable penalty; or
- entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or
- permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or
- imposing on the end users any unreasonable charge, obligation or condition; or
- manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.
VENDORS’ GENERAL OBLIGATIONS
Vendor represents and warrants that
- it is a bona fide business organisation carrying on business in relation to the items disclosed to PawClub;
- it has the rights to use the trademarks;
- the business carried on by vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and/permission necessary approvals required for carrying on business have been procured by it; and
- all information provided about itself (Vendor) to PawClub, is and shall at all times be accurate, valid and complete;
- it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Vendor to PawClub) to PawClub.
The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that PawClub will not entertain such grievances post-expiry or termination of the Service; Vendor accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep PawClub updated in this regard. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by PawClub to the Users or any other third party; Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Vendor) and the User; Vendor further acknowledges that vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by vendor from delay in activation of services, non-activation of services or termination of the services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to PawClub. It is further acknowledged by a vendor that PawClub will be at no obligation to follow-up with vendor for the documents as mentioned herein and it will be vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with PawClub. Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilise, cheat, solicit, or usurp or attempt to solicit, divert or take away any of PawClub’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and PawClub at its discretion will initiate proceedings against vendor before appropriate forum. Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of PawClub’s employees, business or prospective users/callers. Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Vendor directly or promoting its services by any means whereby user are motivated to not to use the PawClub website/services or to use the Vendor website/services directly. Any conduct by vendor that in PawClub’s discretion restricts or inhibits any other user/customer from using or enjoying the PawClub services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Vendor will not directly or indirectly, in any capacity, solicit any users of PawClub by means of providing discounts, gift coupons, etc in the event users use the website of vendor directly, divert, entice, or otherwise take away from PawClub the business of any user/customer, or attempt to do so, or solicit or induce any user/customer to divert or reduce its relationship with the PawClub. Vendor will not, and will not authorize any third party, to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information from any Property except as expressly permitted by PawClub. Vendor will direct communications regarding Service under the Term of Service only to PawClub. It is vendor’s sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on PawClub portals to cause any wrongful harm to PawClub or its users. Vendor represents that in the event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and PawClub shall not be responsible for the same.
DISCLAIMER AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, PawClub disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, PawClub disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither PawClub nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor’s indemnification obligation. PawClub’s aggregate liability to the vendor is limited to amounts paid to PawClub by the vendor during the 12 (twelve) months immediately preceding the date of the claim. PawClub is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/communicated by PawClub conforms to the Information made available by the vendor or its authorised representative.
Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that PawClub does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by PawClub. In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, PawClub reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, PawClub may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion. Vendor also agrees that at no time shall PawClub vouch for or guarantee the performance of services or delivery of products by the vendor and PawClub will not be liable for any non-payment of amounts due to the vendor by any User.
The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services. PawClub reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to PawClub, PawClub may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which PawClub may terminate the relationship between Vendor and PawClub. Upon termination of the Service, PawClub will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However upon termination, PawClub shall have the right to delist the Vendor without prior intimation thereof to the vendor. In case of any technical difficulties in continuing the services, PawClub reserves the right to terminate the services by giving written/oral intimation to the vendor. If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with PawClub, if any, (after deducting payments for the period/tenure for which Services have already been provided by PawClub) shall be retained by PawClub. Under no circumstances shall the Vendor be entitled to claim a refund of amounts already paid to PawClub. If PawClub terminates the service for reasons attributable solely to PawClub, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services. PawClub may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which PawClub in its reasonable judgement believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of PawClub. This contract will be terminated forthwith by PawClub on the happening of any of the following events: If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction; If the vendor ceases to carry on its business or suspends all or substantially all of its operations; If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Vendor; If any attachment or distress is levied against any of the assets of the Vendor. If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.