Terms of Service

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder, and does not require any physical or digital signatures.

The domain name www.pawshonline.in (the “Website”) is owned by The Paws Pack, a partnership registered under the [Indian] Partnership Act, 1932 with its principal place of business at Pune, Maharashtra, India (“The Paws Pack”)

Your use of the Website and the products and services provided thereunder are governed by the following terms and conditions (the “Terms of Use”), including the policies which are incorporated herein by way of reference. By mere use of the Website, you accept these terms and conditions in full and are contracting with The Paws Pack. If you disagree with the Terms of Use or any part of thereof, you must not use the Website.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time without any prior notice to you. It is your responsibility to review the Terms of Use periodically to ensure that you are familiar with any changes that are made to the Terms of Use.

By impliedly or expressly accepting the Terms of Use, you also accept and agree to be bound by our other policies (including without limitation the Privacy Policy).

For the purpose of the Terms of Use and the our policies published on the Website, wherever the context so requires, “you” or “your” shall mean any natural or legal person who has agreed to become a user on the Website by providing registration data while registering on the Website. The Paws Pack also permits you to surf the Website without registering on the Website. The terms “we”, “us” or “our” shall mean The Paws Pack.

Eligibility

Only persons who can form legally binding contracts under the India Contract Act, 1872 are permitted use, and transact on, the Website. By using the Website, you hereby warrant and represent that you are at least 18 years of age. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if we become aware that you are under 18 years of age.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for the activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, incomplete or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you access to the Website.

Communications

You consent to receive communications through electronic records from us as and when required. We may communicate with you by e-mail or by such other mode of communication, electronic or otherwise.

Membership Fees

Membership on the Website is currently free for users. We do not charge any fee for browsing and buying on the Website. We reserve the right to change the fee policy, at our sole discretion, at any time. In the event we introduce new products and/or services or modify some or all of the existing services, we reserve the right to introduce fees for the new services offered or amend/introduce fees for the existing services, as applicable. Any change to the fee policy shall be published on the Website and such changes shall be effective immediately.

Restrictions on use of the Website

Unless otherwise stated, we own the intellectual property rights in the Website and material on the Website. You may view, download (for caching purposes only), and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in the Terms of Use.

You must not:

  • re-publish material from the Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • display any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • re-distribute material from the Website.

In addition, access to certain areas of the Website is restricted. We reserve the right to restrict access to areas of the Website, or the entire Website, at our discretion.

Further, you must not:

  • use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website;
  • use the Website to transmit or send unsolicited commercial communications;
  • use the Website for any purposes related to marketing without our prior written consent;
  • attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means; or
  • make any negative, denigrating or defamatory statements or comments about us or the Website or otherwise engage in any conduct or action that may tarnish our image or reputation.

We will never request you to send us sensitive information through e-mail. In case you receive any spoof/fake e-mail from names similar to us or the Website, you are requested to report such e-mail to us immediately.

Payments

You understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with us to purchase products from us using the payment facilities available on the Website. While availing any of the payment methods available on the Website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • lack of authorization for any transaction;
  • exceeding the preset limit mutually agreed between you and your bank; or
  • rejection of the transaction for any other reason.

All payments made against the purchases by you on the Website shall be compulsorily in Indian Rupees.

No Warranties

The Website and all the materials, products and services are provided on a “as is” and “as available” basis without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the information, materials, products and services provided on the Website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • the Website will be constantly available, or available at all; or
  • the information on the Website is complete, true, accurate or non-misleading.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter, including any legal or medical matter, please consult an appropriate professional.

We do not warrant that the product description or other content on the Website is accurate, complete, reliable, current or error-free and assume no liability in this regard. We do not make any representation or warranty as to specifics (such as quality and value) of the products proposed to be sold or purchased on the Website.

Limitation of Liability

We will not be liable to you for any losses suffered by you, including without limitation any direct, indirect, special or consequential loss, in relation to the contents of, or use of, or otherwise in connection with the Website. These limitations of liability apply even if we have been expressly advised of the potential loss.

By using the Website, you agree that the limitations of liability set out in the Terms of Use are reasonable. If you do not believe that they are reasonable, please do not use the Website.

Other Parties

You agree that, you will not bring any claim personally against our partners or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the generality of the foregoing paragraph, you agree that the limitations of warranties and liabilities set out in the Terms of Use will protect our partners, employees, agents, successors, assigns and sub-contractors as well as us.

Unenforceable Provisions

Any term or condition of the Terms of Use that is, or is discovered to be, invalid or unenforceable, will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and conditions of the Terms of Use.

Indemnity

You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by us to a third party in relation to settlement of any claim or dispute based on the advice of our legal advisors) incurred or suffered by us arising out of any breach by you of any provision of the Terms of Use, or arising out of any claim that you have breached any provision of the Terms of Use.

Breach of the Terms of Use

Without prejudice to our other rights under the Terms of Use, if you breach the Terms of Use in any way, we may take any action as we deem appropriate to deal with such breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers which use your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or initiating court proceedings against you.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms of Use without prior notice to you and without your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms of Use.

Governing Law

The Terms of Use is to be governed by, and construed and enforced in accordance with, the laws of India, without regard to its rules of conflict of laws. The courts at Pune, Maharashtra, India shall have exclusive jurisdiction in respect of all matters relating to or arising out of the Terms of Use.