Terms and Conditions
This Onpets Terms and Conditions Document (“Onpets T&C Document”), as last updated and/or modified on such date as mentioned at the outset, is a complete, valid and binding Agreement between Onpets Animal Care LLP, a Limited Liability Partnership, registered with the Registrar of Companies, Kolkata, having LLPIN: AAY-4957, having its registered place of business at A M Marketing Complex, Maniknagar, P. O. Maniktala, Kolkata, West Bengal 743263 (hereinafter referred to as “Onpets” or the “LLP”, and includes its partners, designated partners, employees, agents, and assigns) , being the Party of First Part, and the User or Customer visiting, accessing, using, registering, or otherwise browsing through the Website and/or Mobile Application (as defined hereinbelow), or availing any services or purchasing any products from or through such Website and/or Mobile Application, being the Party of the Second Part.
1. Definitions and Interpretations
this Agreement, in addition to the terms elsewhere defined, the following words and expressions shall have the following meanings unless otherwise defined in the Agreement:
“Account” or “User Account” shall mean the account set up by an eligible User by registering himself on the Website using an email address and such other details as may be required, from which the User may view or utilise the Website and access, explore, and browse through the services and products on the Website as well as book and schedule appointments for services and purchase products.
“Agreement” or “the Agreement” or “this Agreement” shall mean this Onpets Terms and Conditions Document, and shall include all the terms, conditions, and covenants set out hereunder as updated last on the date abovementioned, including any amendments made to this Agreement by the Parties in writing, in pursuance to Clause 19 (Objection or Disagreement) or Clause 24 (Amendments or Modifications);
“Onpets T&C Document” shall mean this Onpets Terms and Conditions Document, and, unless specifically made repugnant to the context or meaning thereof, is used as a synonym to the term “Agreement” as defined above.
“Payment Policy” shall mean the document, which is available at [Click to View] and has also been uploaded on the Onpets’ Website and Mobile Application, embodying the rules regarding charges and payments for Onpets’ services and/or products;
“Website” shall mean the website namely “www.onpets.in”, which is exclusively owned, operated and maintained by Onpets;
“Mobile Application” shall mean the downloadable Mobile Application which may be launched and operated by Onpets in future.
“Onpets” or “LLP” shall have the same meaning as has been ascribed to it in the Preamble of this Agreement;
“Onpets Partners” shall have the same meaning assigned to it under Clause 4.2.4;
“Services” shall have the same meaning as has been assigned to it Clause 4.1;
“Products” shall have the same meaning as has been assigned to it Clause 4.1;
“Pharmaceutical Products” shall mean any product, compound, medicine, or therapeutic, which is subject to regulation as a drug or medicine, and which, under the law in force in India, may not be distributed except pursuant to a prescription of a licensed medical professional;
“Retail Stores” shall have the same meaning as assigned to it under Clause 4.3.2;
“User” or “Customer” or “You” and all grammatical variants denoting similar connotations shall mean and include, unless expressly repugnant to the context, all visitors and users using, accessing, registering on, or otherwise browsing the Website, or purchasing products or services through the website, and satisfying the Eligibility Criteria as laid down below;
“Intellectual Property Rights” shall mean and include, without limitation, collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (a) all rights, benefits, privileges and priorities in and in relation to all intellectual property rights subsisting in the services, products, software, etc. manufactured, developed, being developed and/or proposed to be developed by Onpets, including all trademarks, trademark applications, trade names, service marks, service names, brand names, internet domain names and sub-domains, logos, slogans, trade secrets, know-how, all pending applications for and registrations of any of the aforementioned; (b) rights relating to the protection of confidential information; (c) internet domain names, Internet and World Wide Web (WWW) URLs or addresses; and (d) all other intellectual, information or proprietary rights anywhere in the world including rights of privacy and publicity, rights to publish information and content in any media.
time, without advance notice. You will always be able to view the most current version by clicking on the link at the bottom of the Site. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new Terms. Please review the Terms periodically for any changes or modifications.
Interpretations: Unless the context of this Agreement otherwise requires,
any term not defined in Clause 1.1 (Definitions & Interpretation), but defined elsewhere in the Agreement shall have the same meaning throughout the Agreement;
any reference to any statute or statutory provision shall include: (a) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated); (b) such provisions as from time to time amended, modified, re-enacted or consolidated;
headings given to clauses and paragraphs are for information only, and shall not form part of the operative provisions of this Agreement and be ignored in interpretation of the same;
references to “Clauses”, “Sub-clauses” and “Schedules” are to the clauses and schedules to this Agreement only.
the words “include”, “including”, “inter alia” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words;
the terms ‘hereof’, ‘herein’, ‘hereby’, ‘hereto’ and derivative or similar words, unless followed by a reference to a specific provision of the Agreement, shall refer to this entire Agreement;
when any number of Days/ Business Days are prescribed in this Agreement, same shall be reckoned excluding the first and including the last day;
a reference to any agreement / document is a reference to that agreement / document and all schedules, appendices and the like incorporated therein, as the same may be amended, modified, supplemented, waived, varied, added to, substituted, replaced, renewed or extended from time to time;
grammatical variations of defined words shall be construed in accordance with the relevant definition(s);
references to the singular number shall include references to the plural number and vice versa; and
words denoting one gender shall include all genders.
2. SCOPE, APPLICABILITY AND ACCEPTANCE
- This Onpets T&C Document is in the form of an electronic record, prepared and published in accordance with the Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules 2011, the Consumer Protection Act 2019, the Consumer Protection (e-Commerce) Rules 2020, and other applicable laws and regulations in force in India.
- The terms of this Agreement applies to all users of the Website, irrespective of whether you have registered with Onpets by creating an account, or otherwise are accessing or browsing through the Website.
- By accessing, browsing, downloading, using, or registering on the Website, You agree to be bound by the Terms and Conditions as laid down under this Agreement, and as may be amended from time to time. The Last date of amendment has been specified at the outset, and it is advisable that you stay informed of any changes/amendments as may be brought to the T&C Document from time to time by Onpets.
- Onpets reserves the right to amend, update or modify any of the covenants, terms, conditions laid down under this Agreement at any time. Your access and use of the Website following any such amendment/modification shall be construed as your acceptance and agreement with all and any such covenants, terms, and conditions, including any such amendment/modification, and to this T&C Document.
3. USER ELIGIBILITY
- The usage of the Website is allowed to, and the Products sold by Onpets and/or Services provided by Onpets through the Website can be availed by, a natural person who exclusively satisfies the following eligibility criteria:
- Has attained the age of majority, i.e., is of at least 18 years of age, so as to entitle him to enter into a legally enforceable and binding contract under the laws in force in India;
- Is of sound mind, and not under the effect of intoxication or mental infirmity within the meaning of Indian Contract Act 1872;
- Is otherwise competent to contract according to the laws in force in India, or is otherwise legally competent to receive the services or products as described under this Agreement;
- Has not previously been debarred from accessing or using the Website by Onpets.
- Notwithstanding anything contained under this Clause 3 (User Eligibility), in case a minor, i.e. a person below the age of 18 years, intends to access or use the Website and/or avail of the products or services provided through it, he may do so only through their parents/legal guardian who may transact on behalf of such minor from their (parent/legal guardian’s) own user accounts. In any case, whenever a minor uses or accesses the Website, he shall do so under the supervision of a parent or legal guardian, who shall be considered as the User of such Website for the purposes of this Agreement.
- By accepting the terms and conditions laid down under this Onpets T&C Document or by otherwise using, accessing, or registering on the Website, You represent and warrant that, subject to Clause 3.2, you satisfy the eligibility criteria as provided hereinabove. You further represent that you have the right, capacity, and authority to enter into this Agreement and abide by and be bound by all the terms, conditions, covenants contained herein.
- Onpets reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Onpets’ notice or if it is discovered that you fail to comply with the eligibility criteria as provided above, and in such case You shall not be entitled to enforce your registration/membership in any way. Onpets shall have the right to not process a transaction through the Website, if Onpets, in its sole discretion, determines that such transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
- Moreover, in case You impersonate or attempt to impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity, or you fail to comply with or in any way violate any of the terms and conditions laid down hereunder, Onpets reserves the right to suspend or permanently prevent You from availing its Services or using/accessing the Website.
4. PRODUCTS AND SERVICES
- Onpets provides a range of services dedicated to domesticated animals and pets, and also makes available for sale various products relating to the wellness of animals. The LLP, through its website, offers a technology platform to act as an intermediary, allowing the User to avail an array of services including, without limitation, animal vaccination services, health checkups, doctors/veterinarians on call, online vet/doctor consultancy, and diagnostic and pathological services (hereinafter collectively referred to as “Services”), as well as to purchase a range of products including, but not limited to, pharmaceutical products, prescription drugs, animal food, and other wellness and healthcare products for animals and pets (hereinafter collectively referred to as “Products”).
- Onpets provide both online consultation with veterinarians, as well as vet-on-call services. The User shall, on registering over the Onpets Website, have the option to choose either of the services. In the event the User selects any of the two options, the User shall schedule an appointment for the same by following the instructions given on the website. Any such appointment booked by the User shall be confirmed by Onpets and the User shall make payment for the services in accordance with the Payments Policy of Onpets.
- The User can also book online services for pet vaccination or any of the diagnostic services through the Website. For such services, the User shall book an appointment at the available date and time slot as may be displayed on the Website, and make such payment of fees/charges as may be displayed thereon, in accordance with the Payment Policy;
- It is hereby expressly stated by Onpets, and by using, accessing, or registering on the Website You hereby confirm and acknowledge, that Onpets is neither an association of medical or veterinarian professionals, nor does it provide any such services directly to the User. Onpets is merely a intermediary service provider, which facilitates the provision of medical assistance to pets and domesticated animals by connecting the pet-owners with the medical professionals and pharmacies.
- Any and all services provided by Onpets is through third parties who work along with Onpets for providing the services. The LLP has associated with various doctors, veterinarians, technicians, diagnostic centers, and other medical professionals and practitioners (collectively referred to as “Onpets Partners”) for the purpose of providing such services. When the User books any appointment for availing any of the services through the Website, Onpets arranges for the respective Onpets Partners to connect directly to the User and provide their respective services.
- While Onpets always makes best efforts to verify the credentials and qualifications of the Onpets Partners, the User understands and confirms that Onpets shall not be responsible or liable for the quality of services provided by such Onpets Partners. Without prejudice to the generality of this clause, Onpets shall not be liable or responsible, in any way whatsoever, to either the User or Onpets Partners in relation to:
- The quality of services provided by the Onpets Partners, and the satisfaction of the User regarding the same;
- Any promise or other interaction by the Onpets Partners made to the User, beyond the scope of information as provided on the Website;
- Any medicine or other pharmaceutical products prescribed or suggested by Onpets Partners to the User;
- Any diagnostic or lab tests prescribed by Onpets Partners and undertaken by User on basis such prescription;
- Any medicine or other pharmaceutical products or any other object/article obtained or purchased by the User directly from Onpets Partners, except those purchased/ordered over the Website.
- Any medical negligence on the part of such Onpets Partners.
- Online Consultation – Online doctor/veterinarian consultation is one of the Services provided by Onpets, through the Onpets Partners. With respect to such online consultation, Onpets hereby expressly clarifies, and the User hereby understands, acknowledges, and confirms, the following:
- An online consultation is in no way a substitute for a physical consultation. In case of an online consultation, the licensed medical practitioners/veterinarians, being the Onpets Partners, will not be able to examine the animals/pets physically, which for obvious reasons, leaves a risk of improper diagnosis of such pets/animals. Consequently, the services comprising of online consultation and physical examination are entirely different, and Onpets does not in any manner, suggest or advise the User to choose one over the other. The decision of opting for either of the services is of the User’s own, and the User shall not hold liable the LLP for any injury, loss, or damage caused to the animals/pets by reason of the User’s decision or choice of service. The User understands that online consultation has its limitation because of the inability to physically examine the patient and obtain proper information, and the User, while being so aware of such limitation, voluntarily agrees to undertake the risks;
- An Online Consultation primarily is based on the information and details regarding the animals/pets and their previous medical records as may be provided by the User to the medical practitioners/veterinarians. The User agrees and confirms that neither Onpets nor the medical practitioners/veterinarians shall be liable and responsible for any mistaken diagnosis or treatment provided to the animals/pets by reason of any wrong information or incorrect/incomplete medical record/history given by the User.
- In some cases, the medical practitioners/veterinarians may refuse to provide medical advice to the User if such medical practitioners/veterinarians are of the opinion that proper information or detail or proper medical history of the animals/pet has not been provided to them. In such situations, the User cannot hold Onpets and/or such medical practitioners/veterinarians liable for non-performance of obligation.
- Opting for online consultation in cases of emergency are strongly discouraged by Onpets, and the User understands and confirms that neither Onpets, nor the Onpets Partners, shall be responsible or liable for any delay or fault in treatment or providing emergency medical advice to the patients or for any injury or damage caused to the patient due to the same.
- Onpets shall, in no way, be responsible or liable for any medicine or other pharmaceutical products or therapy prescribed by the medical practitioners/veterinarians to the animals/pets.
- Cancellation of Service – Once the User has booked any service through the Website, the User shall be entitled to cancel the same at any time before the scheduled time of appointment. However, such cancellation shall be made subject to the provisions as to cancellation charges as laid down under the Payment Policy.
- Onpets, through its Website, makes available to the Users, several pharmaceutical products, prescription drugs, medicines, and other healthcare products for animals. The User may, after registering on the Website, purchase any of the available products by paying the charges as may be displayed.
- The LLP hereby expressly clarify that, and the User by using, accessing, or registering on the Website understands and acknowledges that, Onpets does not keep an inventory of the products sold over the Website. Onpets merely acts as a marketplace platform, connecting the purchasers to the Sellers. The orders for the products are taken on the Website by Onpets, and the products are then sold and delivered as per the orders, by the third party Retail Stores with which Onpets have partnered (“Retail Stores”) directly to the User.
- Any purchase of Pharmaceutical Products made by the User shall be processed only when the User uploads the relevant Prescription signed by a licensed medical practitioner prescribing the said drugs or medicines. A scanned copy of the Prescription shall have to be uploaded by the User on the Website, and the purchase order shall be processed only after the Prescription is verified and found to be proper by Onpets or the Retail Stores, at its/their sole discretion. Onpets reserves the right to cancel any purchase order for such prescriptions drugs or medicines in case of any apparent defect or irregularity in the prescription, which shall be determined by Onpets at its sole discretion. Any prescription so uploaded on the Website shall be stored in the records of Onpets, in accordance with any applicable laws in force or practice.
- Any products, including pharmaceutical products, listed on the Website shall not, by itself, be construed as an offer for sale, and the User, while placing a purchase order in the manner as may be required, shall not be deemed to have accepted such offer. On the contrary, the cataloguing of the products on the Website is merely an invitation to treat, and the User, while placing a purchase order for a particular product, shall be deemed to have made an offer himself, which shall thereupon be sent to the respective Retail Stores for their acceptance. The Retail Stores shall not be under any binding obligation to accept the offer to purchase such products from the User, and the User shall not hold either Onpets or the Retail Stores liable for such non-acceptance.
- Delivery of Products – All the delivery of products purchased by the User through the Website shall be undertaken by the Retail Stores selling the products or by independent contractors engaged by them. The time for delivery shall be such as may be intimated to the User at the time of placing the order. Onpets hereby clarifies and advises that order for purchase of products, particularly Pharmaceutical Products, shall not be made by User through the Website on an emergency basis. The User understands that the products ordered through the Website, including Pharmaceutical Products, may take at least 24 to 48 hours to be delivered from the time of placing of the order. The User hereby expressly discharges Onpets of all and any liability or claim which may arise relating to any delayed delivery of the products by the Retail Stores.
- Return or Replacement – In the event the User has purchased any product from any such Retail Stores through the Website and has found any defect or shortcoming with the same, the User shall have the right to return the product or replace the same with a defect-free one. However, such return or replacement shall me made within 7 (seven) days from the date of delivery of the product, and can be opted for by selecting the option on the Website. Further, such return and replacement will be allowed by Onpets only if the products is unused and sealed, and subject to verification for the same either by Onpets or the appropriate Retail Store selling the product. The User hereby expressly agrees that in matters of refund and replacement, if there is any dispute relating to the eligibility of the products for being returned/replaced as specified under this Clause, the decision of Onpets shall be final.
- Order Cancellation – The User shall, on placing a purchase order for any products, shall be entitled to cancel the same in such manner as has been laid down under the Payment Policy.
- It is expressly understood and acknowledged by the User that by using, accessing, or browsing through the Website, or by availing any of the Services or purchasing any of the Products through the Website, no doctor-patient relationship is established between the User and Onpets. Onpets is an independent entity, and all the Services and products made available through it over its Website are provided by independent third parties, over whose actions, promises, performance of obligations, or any breach or default thereof, Onpets has no control whatsoever, and as such, Onpets shall in no way be held liable or responsible for the same.
- The LLP, through the Website, merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All products offered for sale on the Website and all services offered to be provided, along with the content (including without limitation product descriptions, images and the like) made available by the Onpets Partners and/or Retail Stores, are third party content and describe third-party products and services. The LLP has no control over such third-party content, Products or Services. The authenticity, accuracy or genuineness of the Products and Services made available by the Onpets Partners and/or Retail Stores through the Website shall be the sole responsibility of such respective Onpets Partners and/or Retail Stores. The LLP shall have no liability with respect to the authenticity of the Products and Services being offered through the Website, and the LLP does not make any representation or warranty in that respect. The right, title, interest, or any claim, in respect to the products sold or services provided through the Website shall not vest with the LLP and the LLP shall not have any obligations, responsibilities or liabilities in respect of any transactions undertaken by the User through the Website.
- The LLP shall not be responsible for any delayed performance, non-performance or breach of any obligations which may have arisen between the User and any such the third-party Onpets Partner or Retail Stores with respect to the provision of any services by such Onpets Partner or purchase and sale of the products offered by such Retail Stores through the Website. The User acknowledges that there is no representation or warranty given by the LLP that the respective Onpets Partner and/or Retail Stores will perform any transaction concluded on the Website. The LLP shall not be responsible for the Products which are out of stock, or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User.
- The User further acknowledges and understand that mere registration on the Website shall not in any way guarantee the transaction intended to be carried on by the User. For provision of any of the Services or sale of any of the products to the User, the LLP will make best efforts to connect you with your desired medical professional, however, the provision of the services by such professionals is not guaranteed by the LLP in any way.
- You further acknowledge and agree that the relation between you and any of the Onpets Partners and/or Retail Stores shall be subject to any separate agreement entered into between You and such Onpets Partner and/or Retail Stores. Onpets shall never be a party to such agreement, and you hereby discharge Onpets of any and all liability, claims, damages, or actions of any manner whatsoever that may arise out of any transactions that you may enter into with such Onpets Partner or Retail Stores.
5. USE OF WEBSITE
- On accessing the Website, the User shall have the option to create his personal User Account by entering all requisite personal details of the User and a Security Password. The User himself shall be solely liable and responsible for maintaining the confidentiality of such security password as well as of the account and shall be fully responsible for all the activities and/or transactions conducted from/through such account. The User undertakes to immediately notify Onpets of any unauthorized use of his password or Account or any other breach of security which may have come to his notice. The LLP shall in no way be liable for any loss, damage, claim, or any other liability because of any incident occurred as a consequence of the User’s non-compliance with this Clause and failure to maintain confidentiality and responsibility of the User’s Account and Security Password.
- The User understands and acknowledges that merely by signing out of the Account on the Website or by closing the Website tab on his internet browser, the User does not by itself cease to be a registered member of Onpets, and as such, shall continue to be registered and to have an Account with Onpets. In case you are willing to remove your Account permanently from the Website, you shall follow the procedures available on the Website for the said purpose, or in the alternative, you may raise a service request by sending an email at firstname.lastname@example.org. Deletion of account will be done after verification from Onpets customer care upon receipt of mail. If, at any time after removing your Account in accordance with the given procedure, You are willing to retract any of your information provided to Onpets, you can write to the Onpets at email@example.com, and Onpets shall thereupon remove such information from its records.
- The User agrees to use the Website and the services of the LLP only for their personal or non-commercial usage. However, Onpets may, on its sole discretion, allow bulk orders for specific products for commercial usage, on receiving an written application thereto from the User over email addressed to firstname.lastname@example.org, and subject to such conditions as may be determined by Onpets or otherwise mutually agreed to by and between the user and Onpets.
- You further confirm and acknowledge that in case of any removal of Your Account from Onpets Website, Your obligations and liabilities incurred in reference to any transaction carried on through the Website with any third party, including any obligations and liabilities towards an Onpets Partner or Retail Store, and/or any payment obligation, shall NOT stand dissolved. In effect, You shall continue to be liable to such third parties until and unless your obligations towards them are completely fulfilled.
- By using or accessing the Website, You further expressly agree NOT to engage in the following activities:
- Assigning or otherwise transferring Your Account to any other person or entity;
- Using or accessing the Website or Onpets’ Services for any purpose other than Your personal purposes;
- Subject to Clause 5.3 above, using or accessing the Website or Onpets’ Services for any commercial purposes;
- Using or accessing the Website or Onpets’ Services for any unlawful, illegal, or immoral purposes, or with the intention to defraud;
- Committing any act while using/accessing the Website, which is in violation of any terms, conditions, covenants, or obligations under this Onpets T&C Document;
- Impersonate any person or entity, or falsely claim or otherwise misrepresent Your affiliation with any person or entity;
- Interfere or attempt to interfere with the proper operation of Onpets’ Services, hack or illegally access any user data from the Website, or make any material change in the Website without the prior written permission of Onpets;
- Access the Accounts of any other person without prior consent, forge any Digital Signature, or perform any other like activities which are fraudulent, deceitful, and prohibited under the laws in force in India;
- Copy, adopt, or use without authorization, any content or material available on the Website, or infringe, in any way, the Intellectual Property Rights belonging to Onpets;
- Interfere with Onpets’ provision of its Services or sale of its products to any User, in any manner;
- Provide false, misleading, or inaccurate information, or availing, or attempting to avail the Services of Onpets by providing such false, misleading, or inaccurate information;
- In addition to all these prohibitions, You agree to refrain from committing any act which may be against the moral interests of Onpets, or which may prejudice Onpets in any way.
- For availing the services or products through the Website, the User shall create an User Account by registering on the Website. After such valid registration, the User shall select the desired services to be availed or the products to be purchased, as will be found in the Website. Onpets shall, upon completion of the placing of Order for the particular service or products by the user, forward the User’s order details to the appropriate Onpets Partners or Retail Stores, who shall thereupon act on such User’s order and perform the service or deliver the product, as the case may be. The User understands and hereby confirms that by placing any order on the Website for purchasing any product or scheduling any service, the User is entering into a separate legally binding Agreement with the Retail Stores selling such products or the Onpets Partners providing such services, as the case may be. On placing such purchase order or booking such service, the User shall, by virtue of such Agreement, be legally bound to make payment for such products or services, as the case may be, by any of the modes of payment accepted by the LLP as has been provided in the Payment Policy.
- Save and except the transactions as detailed above, any other transaction shall be between the User and Onpets, and shall be guided by the provisions of this Onpets T&C Document as laid down hereunder:
- All transactions undertaken by Onpets on Your behalf shall be strictly based on the information furnished by You to Onpets. You agree and understand that any failure in carrying forward of any such transaction due to any incorrect information given by You shall not make Onpets liable in any manner.
- You understand and agree that any delay or failure in payment by You in relation to any transaction carried out by You through the Website relating to any of the LLP’s Services shall result in injury to the reputation of the LLP as well as loss of its business, apart from monetary and other losses. Further, You understand and agree that any such delay or failure in payment on Your part shall result in irreparable injury/loss to the LLP, and as such, the LLP shall be entitled to take any legal actions as may be appropriate against you, including, without limitation, recourse to courts of law under the applicable laws, cancelling the order(s) already placed by you on the Website, barring you temporarily or permanently from using or accessing the Website, as well as any other action that the Company may, in its sole discretion, deem appropriate.
- Onpets may provide You with certain Reward Points/Loyalty Points (“Reward Points”), based on your activities on the Website. Such Reward Points may have various utilities, including allowing the Users to get discounts on products or services. The benefits and application of the Reward Points shall be determined solely by Onpets from time to time in accordance with any Reward Policy as may be adapted by Onpets. The LLP shall also have the rights to change or amend any such policies from time to time.
- In the event the User has opted for and booked any of the Services of the LLP or placed an order to purchase any of its products, and thereby entered into an Agreement with any third party, the User shall continue to be bound by such Agreement and mere deleting or removing the User’s Account from the Website from the records of the LLP shall not release the User of any liability or obligation which he may have incurred under such Agreement.
- Onpets reserves the right to collect general User data including, without limitation, the User’s name, phone number, email ID and other contact details, User’s location, details of User’s bank accounts and the User’s debit card, credit card, UPI address, and any other information as may be required, in order to provide and facilitate the provision of the Services as well as for the sale and delivery of products. The User hereby permits and authorizes Onpets for using the above-stated details/information for the purposes of providing its services, as well as to share such relevant details with any of its partners, employees or affiliates including the Onpets Partners and Retail Stores for facilitating the provision of services or sale and delivery of products to the User, as per the User’s requirement, and also for promotional or marketing purposes.
8. COMMUNICATION, OFFERS AND PROMOTIONS
- By using, accessing, registering, or browsing through the Website, You understand and acknowledge that Onpets may send alerts, messages, e-mails or notifications to the phone number provided by You while registering with the Website for availing the Services, or on any updated phone number subsequently provided by You on the Website.
- All the transactions undertaken by You on the Website will be recorded for future reference, and Onpets will make best efforts to provide you with alerts or intimations regarding such transactions, including those relating to your purchase orders, delivery status, payment status, scheduled appointments and the likes, either by means of SMS, e-mail, or push notifications, or a combination thereof, provided that Your phone number or Email-ID provided by You during registration on the Website are functional and not turned Off. On undertaking any transaction on the Website, it shall automatically be construed that You have received the information/alert sent from Onpets as an alert on the phone number or e-mail id provided by You during the course of, or in relation to, using the Website or availing the Services. However, You understand that Onpets shall not be under any obligation to confirm the authenticity of the person(s) receiving such information/alert. You hereby expressly discharge Onpets from any and all liability for non-availability of such SMS/email/notifications alerts in any manner whatsoever.
- You further authorize Onpets, as well as its partners, employees and affiliates, to contact You and communicate with You for any of its Services, Offers, or for Promotional or Marketing purposes. You understand that for the purpose of sending such alerts, communications, offers, etc. to you, Onpets may engage any third party service providers. You hereby authorize Onpets, including its affiliates, agents and partners, to override or bypass any Do-Not-Disturb Registry / National Customer Preference Register (NCPR) or similar restrictive settings of your telecom service providers to reach out to You over SMS, voice calls, emails and any other mode of communication, and You confirm that such SMS, voice calls, or emails shall not be construed as unsolicited commercial communications (UCC).
- You further expressly agree and undertake to indemnify and hold harmless Onpets, such affiliate, agent, or partner, and the third-party SMS/e-mail service provider (if any) including its/their officials and employees from any damages, actions, claims, charges, proceedings, demands, liabilities, losses, costs, and expenses, including legal charges and attorney’s fees, which Onpets or such SMS/e-mail service provider may at any time incur, suffer, sustain, or be subjected to, as a result of, or arising out of, any misuse of any such SMS/e-mail by You or any false, misleading, improper or fraudulent information (including false phone number or email ID) furnished by You, or any other incorrect contact details or a contact details that belongs to an unrelated third party provided by You.
- You understand that the User Accounts on the Website, bearing a unique identification, are created and owned by Onpets. Any promotional discounts, offers and loyalty or other reward points accumulated or provided on your User Account may, at any time and without prior intimation, be revoked by Onpets on its sole discretion in the event of any suspicious activity in the User Account, or any mala-fide intent of the User, or where the network system of Onpets is unable to establish unique identity of the User against a valid mobile number or e-mail ID. Onpets reserves the full discretion to suspend a User’s account in the above event and does not have the liability to share any account information whatsoever. The User shall not be entitled to hold Onpets liable or claim any damages whatsoever from Onpets in case of such un-informed suspension or revocation of User Account.
- The User understands and acknowledges that any and all contents and information available on the Website, except those specifically relating to the Services of the LLP, are not warranted or represented to be correct or accurate, and the User is advised to verify any such information from proper sources before acting upon any of them.
- The LLP expressly disclaims any representation or warranty relating to the relevance and accuracy of any content available on the Website which has been provided by any third party, including without limitation, the information as to the identity, qualification, experience, or credentials of the Onpets Partners, or the details or availability of products by the Retail Stores, and as such, the LLP shall not be liable in any way for any loss or injury suffered by the User due to any such information or content uploaded on the Website.
- The Company disclaims any liability relating to any loss, damage, or injury (if any) suffered by the User by doing any act on the basis of any such information available on the Website. The Company shall not be liable for any such act undertaken by the User on the basis of any such information, nor shall it be liable for any loss or injury suffered by the User in pursuance thereof.
10. NO WARRANTIES
- It is hereby made clear, and the User understands and confirms, that the LLP does not make any warranty or representation of any sort, either expressly or impliedly, including any representation or warranties relating to the services, products, technologies, use of Website, or contents provided by it on or in relation to the Website, or content or information provided by any third party.
- The LLP does not, in any way, provide any warranty or representation with respect to the quality, continuity, accuracy, or certainty of the services or products available over the Website, including the implied warranty of merchantability or fitness, or those of any third party which the Company may engage for providing any of its Services or sale any products to the User;
- Without prejudice to the generality of this Clause 10 (No Warranties) and the above Clause 9 (Disclaimer), the LLP specifically and expressly deny giving any warranty and representation relating to the following:
- Any information, advise, suggestions, or promise received by the User from the LLP or any of its representative or found on the Website, whether orally or in writing, expect as provided herein, are true, accurate, and not mis-leading;
- That the use of the Website and availing of the services provided through it shall be always un-interrupted, glitch-free, or that any defect shall always be rectified;
- That the contents, pictures, advertisements, etc. displayed on the Website are not misleading or inaccurate, or otherwise describe the actual state and condition of the products or services to which it pertains;
- That the use of or access to the Website, or the downloading of any picture, data, video or audio file, document, or other information available on the Website, shall be free from any Malware or Computer Virus other malicious elements;
- That the Services provided by the LLP or the products offered for sale on its Website will always be in consonance with the User’s expectations, satisfaction, and requirements, or as to the legal title or ownership of the products or services;
- The quality of the Services provided by the LLP;
- The User understands that the Website, the Services, any information or data relating to the LLP or its services or products, or any third-party software or services used along with the LLP’s services, are provided in an “as is where is” and “as available” basis, without any warranties or representations of any kind, either express or implied.
- Your use of the Website shall be construed as Your acceptance of any risk that may be involved with it, and it shall deem to mean that You have understood and accepted that You shall use or access the Website entirely at Your discretion and risk and without any representation and warranty (save those expressly provided herein) from the LLP, and shall in no way hold the LLP liable for any loss, damage or prejudice caused to you because of any such Use.
The Website may have links to other third-party Websites or applications (“Third-Party Platform”), and by using the Website or accessing it, You understand and confirm that Your such use or access shall be entirely at Your own discretion, and if you opt to use, access, visit, download, or otherwise obtain information, materials, or data from such third-party platforms by clicking the links (if any) through the Website or from any connected/linked websites, platform, or application, You shall be deemed to do so completely at Your own discretion and risk and that You will be solely responsible for any damage to Your person or property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data.
11. USER REPRESENTATIONS AND WARRANTIES
- Without prejudice to, and in addition to, the general and specific representations, warranties, and acknowledgements made by the User in the aforesaid terms of this Agreement, the User, by using or accessing the Website, represents and warrants to the LLP, the following:
- That the User has read, understood, and unconditionally agreed to all the terms, conditions, covenants as laid down under this Agreement (including any amended term as may be decided based on mutual discussion pursuant to User’s communication to the LLP under Clause 19 or 24 herein) before using, accessing, or registering on the Website or availing of any of the Services or purchasing any of the Products through the Website;
- That the User completely satisfies the User eligibility as outlined in this Agreement, and that the User has ensured the same before or at the time of using, accessing, or registering on the Website;
- That the User is using, accessing or registering on the Website completely voluntarily and not on the basis of any representation, warranties, or promises (except those expressly provided under this Agreement) from the LLP or any of its partners, agents, or affiliates;
- That the User shall not use the Website for any purpose other than those permitted under this Agreement or under the applicable laws in force in India;
- That the User shall not re-sell or dispense with the products purchased through this Website to any third party;
- That all and any data, information, or content furnished, provided, or submitted by the User on the Website are his own and not belonging to any third person;
- That no data, information, or content furnished, provided, or submitted by the User on the Website infringes any Intellectual Property Rights, publicity rights, privacy rights, contractual rights, or any other rights of any third person, or is otherwise illegal or against public policy under any law or precedent in force in India;
- That no data, information, or content furnished, provided, or submitted by the User on the Website is forged, false and/or untrue, and is intended or can be construed to have been intended to mislead or harass any person or to cause any injury to any person (whether to body, property or reputation) for any reason whatsoever and in any manner whatsoever;
- That the User shall not use the Website or any Services or Products available through the Website for any purpose whatsoever relating to the harming or causing of injury in any manner to animals;
- That the User shall not use any automated means including, but not limited to, any robot, spider or other automatic device, program, or algorithm, or any such like manual process to access the Website, or avail any Services or Products for any purpose;
- That the User shall not or attempt to violate the security features of the Website including, without limitation, the following:
- accessing any data or information which is not intended for the User
- attempting, without proper written authorization, to probe, scan or test the vulnerability or exploit the weakness of the Website having the effect of breaching the security or authentication measure
- attempting to interfere with the functioning of the Website or with the Service to any other User, network, or host, by any illegal means, including, by uploading or submitting any computer virus to the Website, or by spamming or overloading
- forging or imitating any transmission control protocol/internet protocol (TCP/IP)
- The User represents and warrants that he has the necessary computer equipment and network connections that may be required to use, access, or transact on the Website.
- The User undertakes to maintain the representations and warranties at all times while using or accessing the Website or while maintaining the User Account with Onpets. In the event the User ceases to provide any of the warranties as stated above or anywhere in this Agreement, the User shall notify in writing to the LLP about the same, and shall endeavor to retrieve the said warranties at the earliest.
- The LLP reserves the right to disqualify the User from using the Website or availing its Services or products at any time, without intimation, in the event the LLP comes to know of any breach or violation of any of the above-stated warranties of the User.
12. LIMITATION OF LIABILITY OF ONPETS
- Notwithstanding anything contrary in this Agreement, the User agrees that the LLP’s aggregate monetary liability (if any) towards any losses, damages, claims, demands, liabilities, and/or causes of action arising out of or relating to this Onpets T&C Document, the Services rendered by the LLP or the Products ordered through it, the Website, or the User’s use or inability to use the Website or Services, or any other interaction, communication and/or transaction with the LLP or any of its representatives whatsoever, whether arising out of any contract or under any applicable laws in force, or in equity or in tort including negligence, warranty or otherwise, shall be limited to, and under no circumstances exceed, an amount equivalent to 100% (one hundred percent) of the actual price paid by the User for availing any services or purchasing any products through the Website, excluding the taxes, levies, or internet convenience fees (if any).
- Notwithstanding anything contrary in this Agreement, the User agrees that the LLP shall, under no circumstances, be held liable for any losses, damages, claims, demands, liabilities, and/or causes of action arising out of or relating to this Onpets T&C Document, the Services rendered by the LLP or the Products ordered through it, the Website, or the User’s use or inability to use the Website or Services, or any other interaction, communication and/or transaction with the LLP or any of its representatives whatsoever, whether arising out of any contract or under any applicable laws in force, or in equity or in tort including negligence, warranty or otherwise, after the expiry of 1 (one) year from the date when the cause of action arises, and the User shall be entitled to enforce his rights (if any) against the LLP only within such period of 1 (one) year and no further.
- This Clause 12 shall survive the termination of this Agreement.
- Subject to the terms of this Clause and without prejudice to any other applicable legal remedy, the User hereby agrees to indemnify and hold harmless, the LLP and its partners, officers and employees against any and all direct losses, claims, damages, liability, costs (including legal and other professional fees) and expenses actually suffered and incurred by the LLP (a “Loss”):
- as a result of any inaccuracy or omission in any Warranty by the User;
- as a result of the non-performance or breach by the User of any of the terms, obligations, covenants and undertakings pursuant to this Agreement;
- as a result of the User’s violation of any law or regulation, or infringement or violation of any rights, including without limitation the Intellectual property rights, of any third party;
- as a result of the User’s misuse or illegal use of the Website.
- The User agrees that the failure or delay by the LLP to pursue, recover or mitigate losses will in no way reduce the amount recoverable from User by the LLP or its affiliates and subsidiaries, and its and their Directors, Members, Employees, Agents, Officers and Assigns.
The terms of this Clause 13 (Indemnification) shall survive the termination of this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
- The User understands and confirms that Onpets is the sole and exclusive owner of Website, and that all the Intellectual Property Rights with respect to the Website is exclusively owned by Onpets alone. The use of or access to the Website, or otherwise registering on or availing of any of the Services or purchase of any products through the Website shall, in no way, be construed or deemed to be a transfer or assignment, in any manner, whether permanently or temporarily, of any such Intellectual Property Rights in favour of the User.
- Onpets further owns and possess its brand name “Onpets” and the associated design or work mark, and the same has been registered with the Registrar of Trademark vide Registration No. [.]. Further, all product names, trade names, design marks or other intellectual property rights relating to the services and products offered through the Website are owned either by Onpets or the Onpets Partners / Retail Stores.
- The User undertakes that he shall not make any unauthorized use of the Intellectual Properties Rights, Marks or Logos, Software, or Mobile Application belonging to Onpets;
- The User further agrees not to create, claim, apply for, register, or otherwise use any Design, Logo, Mark, Name, or any other device or Intellectual Property Rights identical or similar to, or closely resembling those of, Onpets.
15. TERM AND TERMINATION
- This Agreement shall come into force immediately from the time you access the Website or open your User Account by registering yourself on the Website, and shall continue to operate until terminated by either party under this Clause.
- The User may terminate this Agreement, for any reason whatsoever, and with immediate effect, by any of the following ways:
- By ceasing to access or use the Website or availing the services of the LLP, if the User is not a registered member;
- By deleting the User Account from the Website, if the User is a registered member; or
- By writing to the LLP his intention to terminate the agreement.
- The LLP may, with immediate effect and upon written intimation to the User, terminate this Agreement in any of the following situations:
- If the any of the Representations and Warranties of the User are found to be false or inaccurate;
- If the LLP, at its sole discretion, finds that providing services to the User is no longer commercially viable for it;
- If the LLP is required by any law, rules, order, judgment, decree, instruction from any Court, government, regulatory authority, or any local body;
- For any other reason whatsoever, on the discretion of the LLP.
- Consequences of Termination – When the Agreement is terminated in any way as provided in this Clause, either by the User or the LLP, the parties shall cease to be bound to each other or to have any obligation or liability, save and except those which are expressly meant to be surviving the termination (for example, Limitation of Liability, Indemnification, Disputer Resolution, etc.), as well as those obligations and liabilities under this Agreement which are by their nature meant to survive the termination.
- Notwithstanding anything contained in Clause 15.4 above, in the event the Agreement is terminated at a time while any transaction initiated by the User through the Website is pending, unless the User has not performed his part of the promise (whether in full or in part) under the said transaction or under this Agreement, the parties shall continue to be liable to perform their respective promises (if any) even after the termination, and the User shall be obligated to clear all accrued payments for services or products availed or purchased, as the case may be, through the Website.
- By using or accessing the Website, or by availing the services or products offered on the Website, the User understands that there is no creation of any partnership or agency between the User and the LLP. Each of the parties shall be independent contractors, and shall not, or be deem to, represent the other party in any way, and the LLP shall not be responsible or liable towards any third person in respect of any act done or omitted by the User.
- Further, by using or accessing the Website, or by availing the services or products offered on the Website, there is no creation of any doctor-patient relationship between the User and the LLP, or between the pets/animals and the LLP.
17. GOVERNING LAW AND JURISDICTION
This Onpets T&C document, including all matters relating to the validity, interpretation, performance or enforcement thereof shall be governed by, and construed in accordance with, the laws of the state of West Bengal, India. The User hereby expressly and irrevocably agree and consent any action or proceeding arising out of or relating to this Agreement/Onpets T&C Document shall be instituted exclusively in the competent courts or tribunals sitting in Kolkata, West Bengal, India, and irrevocably submit generally and unconditionally to the exclusive jurisdiction of any such court in any such suit, action or proceeding.
If any provision of this Agreement is invalid, unenforceable or prohibited by law, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative and shall not be part of the consideration moving from either Party hereto to the other, and the remainder of this Agreement shall be valid, binding, and of like effect, as though such provision was not included herein. Should any provision of this Agreement be or become ineffective for reasons beyond the control of the Parties, including because of applicable provisions of Law, the Parties shall use best endeavours in good faith to agree upon a new provision which shall as nearly as possible have the same commercial effect as the ineffective provision.
19. OBJECTION OR DISAGREEMENT
In the event the User disagrees with any of the terms of this Agreement, he shall cease to use the Website or availing the Services or Products offered by the LLP through the Website. However, if the User intends to use the Website and suggests any change or feedback regarding any particular terms as contained herein, the User shall notify the said suggestions or terms to the LLP by emailing at email@example.com, and the LLP may, at entirely its sole and absolute discretion, amend the said particular term to such extent as may be me deemed appropriate by the LLP. However, if the LLP refuses to amend, modify, or revoke any of such terms based on the suggestions or feedback of the User, the User shall either accept the said terms as it is or cease to use or access the Website.
20. NO WAIVER
Neither any failure nor any delay on the part of the LLP to exercise or enforce any right, remedy, privilege or power under this Agreement/Onpets T&C Document shall operate as a waiver thereof. Even, no partial or single exercise or enforcement of any right, remedy, privilege, or power by the LLP shall preclude it from exercising or enforcing any other or further right, remedy, privilege, or power. No waiver shall be effective unless it is made in writing and is signed by the party asserted to have granted such waiver.
The User shall, under no circumstances, assign the rights, obligations, or benefits under this Agreement. The LLP may, at any time and without prior intimation to the User, assign this Agreement and all its rights, obligations, entitlements, or benefits thereunder to any person or entity as it deem feet, and the User agrees not to object to disapprove such assignment in any manner.
22. ENTIRE AGREEMENT
- The LLP may send any intimation, notice, alert, or other communication to the User by way of e-mail, SMS, post, or by any other reasonable means.
- The User may, in case of any query, suggestions, questions, grievances, or other necessity, contact the LLP by writing to the address given below or sending an e-mail at the below-mentioned e-mail ID.
- Apart from the communications as provided above, any other notice or intimation to the Company shall also be served by the User only in writing, either by registered or speed post or by email, addressed as follows:
Name: Onpets Animal Care LLP
Address: AM MARKETING COMPLEX MANIKNAGAR, P. O. MANIKTALA KOLKATA Kolkata WB 743263 IN.
Email Id: firstname.lastname@example.org.
24. AMENDMENTS AND MODIFICATIONS
The LLP reserves the right to update, amend, alter, modify, add to, or delete any of the terms, conditions, covenants provided under this Agreement, at any time and manner as may be deemed appropriate by the LLP, and the User shall not, under any circumstances, object to or otherwise disapprove such update, amendment, alteration, modification, addition, or deletion. The last date of such update shall be mentioned at the outset of the Agreement, and the User is requested and advised to take note of such date in order to understand whether any update has been brought into.
25. GRIEVANCE REDRESSAL
Grievance Redressal Officer: Mr. Anirban Chanda
Address: AM Marketing Complex, Maniknagar, P. O. Maniktala Kolkata Wb 743263