By creating an account with us whether through a mobile device, mobile application or computer or visiting our website/application you agree to be bound by these Terms of Use, and our Policy including but not limited to Privacy, Intellectual Property Rights, use of Cookies and Personal Data Community Guidelines and Agreement for providing and using Veterinary Consultation each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase services, products and additional features we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We reserve all our rights to make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our Website/App and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
BThe aim of PetMantraa™ is to provide a secure and safe environment for its patrons, who all adhere to law of the land. Therefore, to be part of PetMantraa™ or avail its services, you must be at least 18 years of age and by creating an account and using the Service, you represent and warrant that:
- you can form a binding contract,
- you must love all kinds of animals,
- you are not a person who is barred from using the Service under the laws of your Country or any other applicable jurisdiction or face any other similar prohibition,
- you must not be prohibited from engaging in payments related Services if you are on an applicable denied party listing,
- you will comply with this Agreement and all applicable local, state, national and internationallaws, rules and regulations, and Private & Confidential. Draft for discussion purposes only.
- PetMantraa™ is an online Pet care platform catering to all needs of Pets and their Pet Parents. It is one stop digital solution for pet parents for their pet’s highest quality healthcare, mating, food, toys, accessories, grooming and other innovative services at affordable prices.
- Our mission is to be the best in class, innovative and trusted one stop solution for all Pets’ needs with a vision to create effective holistic approach to pet care at anytime from anywhere.
- The Service includes all the features, products, applications, services, technologies, and software that PetMantraa™ will provide on its Website/App or otherwise.
- PetMantraa™ is always aiming to improve the Service and bring you additional functionality that will be engaging and useful. PetMantraa™ may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so
- PetMantraa™ may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any services or purchases on PetMantraa™. After your account is terminated, this Agreement will terminate, except that the provisions of this Agreement will still apply.
- That PetMantraa™ always strives to encourage a respectful member experience, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, whether you are interacting on the Website/App or particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial or personal information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
- It is made clear that you are you are solely responsible for your interactions with other members. You understand that PetMantraa™ does not conduct criminal background checks on its members or otherwise inquire into the background of its members. PetMantraa™ makes no representations or warranties as to the conduct of members.
- You are advised to exercise caution while interacting/meeting/sharing information/data with others for any purpose whatsoever. The same shall be at your sole discretion. PetMantraa™ shall not be responsible in any manner whatsoever.
- PetMantraa™ grants you a personal, worldwide, royalty free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by PetMantraa™ and permitted by this Agreement. In order to provide better Service you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without PetMantraa™’s prior written consent.
- express or imply that any statements you make are endorsed by PetMantraa™.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- "frame" or "mirror" any part of the Service without PetMantraa™’s prior written authorization.
- use meta tags or code or other devices containing any reference to PetMantraa™ or the Service (or any trademark, trade name, service mark, logo or slogan of PetMantraa™
- to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
- use, access, or publish the PetMantraa™ application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
- Impersonate anyone.
- To give wrong information. You have to provide accurate and up to date information including registration information.
- Violate or help or encourage others to violate these Terms or our policies.
- You can’t raise or comment on any political, racist or such other issue which effect’s a person, community or society.
- The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
- Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
- That by creating an account or availing any Service, you grant to PetMantraa™ a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from your account or availed Service as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content").
- PetMantraa™’s license to your Content shall be non-exclusive, except that PetMantraa™'s license shall be exclusive with respect to derivative works created through use of the Service. For example, PetMantraa™ would have an exclusive license to screenshots of the Service that include your Content. In addition, so that PetMantraa™ can prevent the use of your Content outside of the Service, you authorize PetMantraa™ to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties.
- Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other PetMantraa™ members).
- You agree that all information that you submit upon creation of your account, including information submitted at the time of opening your account or availing any Service, is accurate and truthful and you have the right to post the Content on the Service and grant the license to PetMantraa™ above.
- You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
- When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account or refuse any Service.
- In consideration for PetMantraa™ allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to PetMantraa™ regarding our Service, you agree that PetMantraa™ may use and share such feedback for any purpose without compensating you.
- Please be informed that PetMantraa™ may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
- You grant us permission to use your data like username, profile picture of your’s and your pets, and information about your pet and actions with accounts, ads, and sponsored content.
- PetMantraa™ can delete or alter your username if it believes it is appropriate or necessary.
- If you use content covered by intellectual property rights that we have and make available in our Service like images, designs, videos, or sounds we provide that you add to content you create or share, we retain all rights to our content.
- It is made clear that any offer/discount/benefits which we might offer from time to time, can only be redeemed on our Website/Application and shall not be transferrable or encashed. Such offers/discounts would be time specific.
- PetMantraa™ might arrange/organize events/competitions from time to time for its users. Any or all decisions qua the same be it decisions for selecting the winner or otherwise shall be at sole discretion of PetMantraa™ or anyone so authorized by them.
- PetMantraa™ prohibits any activity that is illegal or prohibited under law in force at the time being. You shall always adhere to Community Guidelines as updated from time to time. You shall not bully, stalk, intimidate, assault, harass, mistreat or defame any person. You shall not post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. You shall not post any Content that is hate speech, threatening, sexually explicit or pornographic. Nor post any Content that incites violence; or contains nudity or graphic or gratuitous violence. Your Content shall not promote racism, bigotry, hatred or physical harm of any kind against any group or individual. You will not solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission. You will not use another member's account, share an account with another member, or maintain more than one account. You will not create another account if we have already terminated your account, unless you have our permission.
- PetMantraa™ reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that PetMantraa™ regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
- PetMantraa™ reserves the right to review and remove Content or information that violates this Agreement, such Content and information is the sole responsibility of the member who posts it, and PetMantraa™ cannot guarantee that all Content or information will comply with this Agreement.
- PetMantraa™ can refuse all services if you act in violation of this Agreement, we can terminate or disable your account immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, without any financial liability or ramifications.
NEITHER PetMantraa™ NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITES OR THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITES AND, THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED. THE WEBSITES AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN NO EVENT WILL PetMantraa™ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH PetMantraa™ OR ITS AFFILIATES OR PARTNERS, EVEN IF PetMantraa™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITES, THE CONTENT THEM, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES. PetMantraa™ MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER PetMantraa™ NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
From time to time, PetMantraa™ may offer products and services for purchase through PetMantraa™ direct billing or other payment platforms authorized by PetMantraa™. If you choose to make such purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account) (your "Payment Method") will be charged for the purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize PetMantraa™ or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
All charges for purchases (be it any product/services) are nonrefundable, and there are no refunds or credits for partially used periods.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. PetMantraa™ is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. PetMantraa™ is not responsible or liable for such third parties' terms or actions.
That the use of all or any Service or Purchase or any claim arising against PetMantaa shall be governed by Law of India with Courts at Delhi having exclusive jurisdiction.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless PetMantraa™, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
This Agreement, along with the Privacy Policy, Community Guideline, Cookie Policy and the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and PetMantraa™ regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your PetMantraa™ account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind PetMantraa™ in any manner.
Welcome to the PetMantraa™ community. We welcome all those who are honest, kind and respectful to others. If you choose not to be, we have the right to remove you from the community. PetMantraa™ aims at providing a wholesome experience to its user which is not offensive to anyone. Everyone is held to the same standard on PetMantraa™. We’re asking you to be considerate, think before you act, and abide by our community guidelines both on and offline. Below is a list of our community policies. If you violate any of these policies, you might be banned from PetMantraa™. We encourage you to report any behavior that violates our policies.
Applicable Laws:All activities on PetMantraa™ shall be governed by applicable laws of the land and more specifically, all users/service providers must have to adhere to:
- Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017.
- Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.
- Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017.
- Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.
All or any violation shall be dealt in accordance with law.
- Any comment/remark/post/chat/thread/image which hurts anyone’s religion/sentiments/personal choice.
- Any comment/remark/post/chat /thread/image which seems to be any kind of attack on other user/person.
- Any comment/remark/post/chat/thread/image which is aimed at insulting other user/person or is in the nature of personal attack.
- Any comment/remark/post/chat/thread/image which is derogatory or inflammatory in any manner.
- Any comment/remark/post/chat /thread/image which disclose anyone’s personal information like name, email, number, age, sex etc.
- Any comment/remark/post/chat/thread/image which is in the nature of Spam i.e. repetitive posting of the same topic or text or nonsensical posts that have no substance and are often designed to annoy other Community users.
- Any comment/remark/post/chat/thread/image which is in the nature of solicitation or advertising of content or other goods, services, or other information not found or published on PetMantraa™ is considered “spam” and not allowed anywhere in our Community.
- Any comment/remark/post/chat/thread/image which posts advertising links, images or content for the purpose of self-promotion. Creating profiles for the purpose of solicitation or advertising of content or any posts which could be interpreted as a solicitation are prohibited outside of their relevant Community.
- Any comment/remark/post/chat/thread/image which posts advertising links, images or content for the purpose of self-promotion. Creating profiles for the purpose of solicitation or advertising of content or any posts which could be interpreted as a solicitation are prohibited outside of their relevant Community.
The above list depicts some of the examples of Non-Acceptable behavior but is not an exhaustive list in itself.
Further, PetMantraa™ shall determine, in its sole discretion, whether there has been a breach of these Community Guidelines and may take any action it deems appropriate.
Failure to comply with these Guidelines may result in PetMantraa™ taking any or all of the following actions:
- Remove any material or postings you have made to the Community. Issue a warning. Pursue legal action against you.
- Suspend or ban your Petmate account and/or your use of the Community.
- Disclose such information to law enforcement authorities as Petmate feels is reasonably necessary; and/or.
- Pursue legal action against you.
PetMantraa™ excludes all liability for: (a) any action taken in response to breaches of these Guidelines. The responses described in the Guidelines are not exhaustive, and PetMantraa™ may take any other action, in its sole discretion, it deems appropriate; (b) any loss or damage arising from the use of the Community by you, any content posted or uploaded by users of the Community which shall include, without limitation, any liability for offensive and/or defamatory posts. It is made clear that PetMantraa™ has Zero Tolerance Policy towards anyone who indulges in such non- acceptable behavior. It can result in immediate suspensions from the Community/deletion of account/refusal of providing any service and complaint to relevant law enforcement agencies. It is made clear that PetMantraa™ reserves all its rights to amend/alter/modify any of the Guideline fully or partially as it deems fit or as is necessitated due to any change in law or by order of any authority/government department. You are expected to check this page from time to time to take notice of any changes, as they are legally binding on you. Some of the provisions contained in these Guidelines may also be superseded by provisions or notices published elsewhere on the PetMantraa™’s site/app/microsite.
1. AGREEMENT:
- This Agreement/Terms of use, provides the terms and conditions for use of various services on PetMantraa™’s website or through mobile application and mainly for online Veterinary services. The present Terms of Use also composes Agreement between PetMantraa™ and the Veterinary Service Provider(s)/ Service Partner(s)Partner (Service Provider(s)/ Service Partner(s)Partners). It is made clear that usage of all or any of PetMantraa™’s services at its various websites/mobile application for which whether you are making any kind of payment or not is subject to the following terms and conditions.
- The present Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology(Intermediaries guidelines) Rules, 2011.
- It is made clear that PetMantraa™ reserves all its rights to modify/add/delete any or all the terms and conditions of the present Agreement/Terms of Use at any time without giving you any prior notice. Your use of any of its service(s) following any such modification will be deemed as your agreement to follow\ and be bound by the Terms of Use as modified. Further, all the terms and conditions, disclaimers,privacy policies and other policies applicable to general and specific areas of any usage is also Private & Confidential.
- Draft for discussion purposes only. considered as Terms of Use. It is made clear that you shall be bound by this present Agreement for availing any of the service(s) as offered by PetMantraa™.
2.SERVICES:
- PetMantraa™ is offering online Veterinary Consultations to Pet Parents/Pet care takers, as case may be or to any person who wishes to avail such services via its proprietary Software called TelePetVet of which PetMantraa™ is the owner, author and publisher along with all its variants, editions, add-ons, and ancillary services including data generated thereof. PetMantraa™ has designed its software which can be used by a Veterinary Service Provider(s)/ Service Partner(s)Partner) and the Pet Parent/ Pet Owner/Pet Care Taker(‘User’) alike for giving and availing Services.
3. DISCLAIMER:
- PetMantraa™ makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or noninfringement. It is made clear that in the event you have agreed to provide or provided or availed or agreed to avail or use or agreed to use Services then you have carefully read, understood, agreed and accepted the present Terms of Use/Agreement.
4. TERMS OF USE:
- PetMantraa™ offers its Service(s) on as is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any Service Provider(s)/ Service Partner(s)(Partner)/User. PetMantraa™ reserves all its rights to charge a fee for providing the Software/interface/Application from Service Provider(s)/ Service Partner(s)/User. It is made clear that PetMantraa™ is providing a Software through its website/application, as a Software as a Service (SaaS) model. PetMantraa™ is not responsible for and does not deal with any of User or its pet who is managed by Service Provider(s)/ Service Partner(s) through the website or native mobile applications and only provides Software to Service Provider(s)/ Service Partner(s)/User through the website and native mobile applications.
- It is made clear that as and when any Service Provider(s)/ Service Partner(s)/User uses or downloads such software from the website, the software, will be deemed to be licensed to Service Provider(s)/ Service Partner(s)/User by PetMantraa™, for providing Service to Service Provider(s)/ Service Partner(s)/User and enabling them to use those Software only. It nowhere gives any title or the intellectual property rights to the Software and other its Service, and PetMantraa™ (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein.
- Service Provider(s)/ Service Partner(s)/User shall not access the Service/Software/Interface/ Application of PetMantraa™ if they or the organisation that he/she/it represents is PetMantraa™’s direct competitor or for the purposes of monitoring except with PetMantraa™’s prior written consent. Private & Confidential.
- It is made clear that notwithstanding anything to the contrary contained herein, Service Provider(s)/ Service Partner(s) alone shall be liable for its dealings and interaction with User/Pet/ his/her representatives or affiliates, searching for Service Provider(s)/ Service Partner(s) through Website/Interface/Software/Application, contacted or managed through Website/Interface/Software/Application and PetMantraa™ shall have no liability or responsibility in this regard. PetMantraa™ does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Service Provider(s)/ Service Partner(s)/User or any third party through the Service.
- The Service(s) is not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
- PetMantraa™ automatically lists Service Provider(s)/ Service Partner(s)’s information on its Website/Software/Interface/Application as per information added by Service Provider(s)/ Service Partner(s) using its Software. The information listed is displayed when User searches for the same on the PetMantraa™ and this information listed on the Website/Software/Interface/Application may be used by User to request for appointment. Such information on the Service may continue to appear even after the Service Provider(s)/ Service Partner(s) removes the information from its Software or the Service Provider(s)/ Service Partner(s) ceases to be a engaged with PetMantraa™ or in any other way discontinues its relationship with PetMantraa™. PetMantraa™, on its own, does not list any Personally Sensitive Information of such Service Provider(s)/ Service Partner(s).
- Basic Support for the Software shall be provided by PetMantraa™ at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for (i) planned downtime of which PetMantraa™ shall give reasonable notice or (ii) any unavailability caused by circumstances beyond PetMantraa™’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet Service Provider(s)/ Service Partner(s) failures or delays. PetMantraa™ will provide the Service only in accordance with applicable laws and government regulations. PetMantraa™ nowhere guarantees that its Software/Service/Interface/Application/Website will always function without disruptions, delay or errors. PetMantraa™ takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy over which it has no control.
- In the event the Software/Website/Interface/Application are not available due to apparent default at PetMantraa™’s end or are rendered unusable, PetMantraa™ may at its discretion extend the Service period of the Service Provider(s)/ Service Partner(s) only by such number of calendar days when the Software was not available. It is made clear that PetMantraa™ is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
- All or any communication sent by or through PetMantraa™ to the User of a particular Service Provider(s)/ Service Partner(s) is based solely on information uploaded by such Service Provider(s)/ Service Partner(s) on the Website/Software/Interface/application. The accuracy and completeness of such information is the sole responsibility of the Service Provider(s)/ Service Partner(s). PetMantraa™ will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
- PetMantraa™ accepts online appointment requests for all Service Provider(s)/ Service Partner(s) listed and displayed on its website. PetMantraa™ intends to take all reasonable steps to duly inform Service Provider(s)/ Service Partner(s) via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Service Provider(s)/ Service Partner(s) at all or in a timely manner due to technical or operational reasons including but not limited to cases when Service Provider(s)/ Service Partner(s) do not respond to phone calls made by PetMantraa™ or when Service Provider(s)/ Service Partner(s) do not read emails or text messages sent by PetMantraa™ in timely manner. PetMantraa™ shall have no liability or responsibility in this regard.
- The Service may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Service Provider(s)/ Service Partner(s)/User are permitted to make against PetMantraa™’s application programming interface, and, other limitations dependent on the‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Service has been designed to provide real time information to enable Service Provider(s)/ Service Partner(s)/User to monitor such compliance with such limitations.
- It is made clear that PetMantraa™ will not be keeping or making records of any online services received by the User or as provided by Service Provider(s)/ Service Partner(s).
- PetMantraa™ may, at its sole discretion, suspend any account on its Website/Software/Interface/Application whether it has received any complaint or not. It also reserves all its rights to suspend any account at any time while PetMantraa™ investigates complaints or alleged violations of this Agreement, or for any other reason.
- PetMantraa™ reserves the right to use all information captured in its Website/Software/Interface/Application for the purpose of improvements, and providing analytics and businesses intelligence to the third parties. Service Provider(s)/ Service Partner(s)/User may also refer to Privacy Policy and Cookie Policy of PetMantraa™ for more information on collection/usage of Data
- PetMantraa™ reserves the right to list Service Provider(s)/ Service Partner(s) who are not party to this Agreement and the Service Provider(s)/ Service Partner(s) who have subscribed to this Terms of Use are listed along with them. Thereon, PetMantraa™ reserves the right to modify the listing of Service Provider(s)/ Service Partner(s) on its Website. In case Service Provider(s)/ Service Partner(s) wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests ,the Service Provider(s)/ Service Partner(s) can do so by using options available on its online platform or by contacting PetMantraa™ at support@petmantraa.com
- Certain Service may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software. In such cases, the applicable Specific Terms will be and your access to and use of the relevant Service will be contingent upon your acceptance of and compliance with such Specific Terms.
- PetMantraa™ reserves all its rights to levy/modify applicable charges & fees from Service Provider(s)/ Service Partner(s)/User and collect applicable Taxes.
- PetMantraa™ shall not be liable and responsible for the ranking of the Service Partner on PetMantraa Website, external websites and search engines.
5. COVENANTS:
- By agreeing to use/provide the Service, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use the Service in compliance with these Terms of Use. You expressly represent and warrant that you will not provide/use the Service if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person.
- You must be 18 years of age or older to register, to use the Service in any manner. By registering, or accepting this Agreement, you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to use the Service and agree to and abide by this Agreement. If you are below the age of 18 years then you may use the Service under express supervision of a Legal Guardian who is of 18 years of age or older. You also represent and warrant that you are not a person barred by any law for time being in force in India or any country of which you are a resident or from which you are receiving the Service.
- The present Agreement/Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and all the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- A condition of the Service Provider(s)/ Service Partner(s)’s use of and access to the software provided by PetMantraa™ is the Service Provider(s)/ Service Partner(s)’s acceptance of this Agreement. Any Service Provider(s)/ Service Partner(s) that does not agree with any provisions of the same is expressly barred from providing any Service or accesses the PetMantraa™’s software.
- Service Provider(s)/ Service Partner(s) is authorized to view and access the content available on the Software solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Service, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Service or Software is/are the property of PetMantraa™ and are protected under copyright, trademark and other laws. No one is authorized to modify or reproduce, display, publicly perform, distribute, or otherwise use the said Content in any way for any public or commercial purpose or for personal gain.
- It is made clear that only that person is authorised to use the Software in whose name the login id is and no else is authorized. In the event any other person is allowed by any Service Provider(s)/ Service Partner(s)/User to use his/her login id, then the same shall be at sole risk and peril of that Service Provider(s)/ Service Partner(s). The said act might be taken as violation of present Terms of Use/Agreement. PetMantraa™ shall not be liable for any consequences arising thereof. PetMantraa™ shall be entitled to recover any damages that it might suffer due to such unauthorized usage. Further, from one login id only one person can use/access the Software of PetMantraa™.
- The Service Provider(s)/ Service Partner(s)/User is duty bound to give true, accurate, correct, complete, up to date and to the best of his knowledge information at the time of Registration, Usage and whenever as such sought by PetMantraa™. PetMantraa™ reserves all its rights to authenticate/verify the same. Any misinformation might be deemed as violation of the present Terms of Use/Agreement.
- Service Provider(s)/ Service Partner(s)/User agree and understand that themselves are responsible for maintaining the confidentiality of passwords associated with any login they use to access the Software/interface/app etc.
- Service Provider(s)/ Service Partner(s)/User agree that they will not use the Software/Service provided by PetMantraa™ for any illegal and unauthorized purpose.
- Service Provider(s)/ Service Partner(s)/User agree to use the Service only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
- Service Provider(s)/ Service Partner(s)/User shall not use any information as available on the PetMantraa™’s software/interface or which comes within the knowledge of Service Provider(s)/ Service Partner(s)/User due to them being associated with PetMantraa™ or using its software/app/interface etc for their personal gain/commercial activity/advertisements /calls etc or in violation of any applicable laws.
- Service Provider(s)/ Service Partner(s)/User will not impersonate another person, including, without limitation, a Service Provider(s)/ Service Partner(s) or User.
- Service Provider(s)/ Service Partner(s)/User agree not to access/provide Service by any means other than through the Software/interface that is provided by PetMantraa™, unless they have been specifically allowed to do so in a separate agreement with PetMantraa™.
- Service Provider(s)/ Service Partner(s)/User are expressly barred from engaging in any activity that interferes with or disrupts the Servers/Network/Software/Service nor will you reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Service for any purpose whatsoever.
- Service Provider(s)/ Service Partner(s)/User expressly acknowledge and agree that use of Service/Software/Interface by you is at your sole risk and the same are provided by PetMantraa™ ‘as is’ basis. Service Provider(s)/ Service Partner(s)/User are solely responsible for any breach of your obligations under the present Agreement/Terms of Use and for the consequences of any such breach. You both shall indemnify PetMantraa™ for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by PetMantraa™ as a result of your breach under any applicable law.
- Service Provider(s)/ Service Partner(s)/User agree that this Agreement and the Services of PetMantraa™ are subject to any modification, or may be removed by PetMantraa™, as a result of change in government regulations, policies and local laws as applicable.
- Service Provider(s)/ Service Partner(s)/User are not permitted to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the Service Provider(s)/ Service Partner(s)/User does not have any right to. That which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, harmful to minors, infringes any IP rights like patent/trademark/copyright, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, violative of any law, relating or encouraging money laundering or gambling, deceives anyone, impersonates anyone, or otherwise unlawful in any manner whatever, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Service Provider(s)/ Service Partner(s)/User are also prohibited from violating or attempting to violate the integrity or security of the Subscription Services or any PetMantraa™ Software, transmit any information on or through the Service that is disruptive or competitive to PetMantraa™. Nor to make any unsolicited communication to anyone.
- The terms and conditions as stated in the present Agreement as the case may be shall survive and be applicable even when the account of Service Provider(s)/ Service Partner(s)/User is temporarily suspended, permanently suspended or terminated or closed by Service Provider(s)/ Service Partner(s)/User themselves for any reason whatsoever.
- Service Provider(s)/ Service Partner(s)/User shall not intentionally submit any incomplete, false or inaccurate information.
- Nor will the Service Provider(s)/ Service Partner(s)/User will use any spider, robot, avatar, engine, software, tool, agent to navigate or search the Service. Nor will they attempt to decipher, decompile, disassemble or reverse engineer any part of the Software/Interface/Software/Application of PetMantraa™. Service Provider(s)/ Service Partner(s)/User will not copy or duplicate in any manner any of the PetMantraa™’s content or other information available from its Software/Interface/Software/Application.
- Service Provider(s)/ Service Partner(s)/User shall immediately notify in writing or by mail to support@petmantraa.com or by calling PetMantraa™ customer care on 9810323854/ 9810598405/ 9810903343, if their content is stolen or if they become aware at any time that your account is being misused or being used fraudulently. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of their account and additional charges.
- Service Provider(s)/ Service Partner(s)/User will be liable in the event of their account is misused/stolen/fraudulent use. Notwithstanding anything herein to the contrary, PetMantraa™ shall not be liable to extend the account or waive any fees on account of such theft or fraudulent use.
- PetMantraa™ may restrict, suspend or terminate the account of any Service Provider(s)/ Service Partner(s)/User’s account who abuses or misuses the same. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that PetMantraa™, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, PetMantraa™ has adopted a policy of terminating accounts of users who, in PetMantraa™’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by PetMantraa™.
6. MEDICAL/HEALTH RECORDS:
- User agrees and accepts that the Service Provider(s)/ Service Partner(s) is entitled to share/receive all or any type of Health Records with its PetMantraa™ Account. These Health Records may include and are not limited to prescriptions, files, vital signs, immunization plans, growth charts, clinical notes, treatment plans, invoices and payments etc and this list will keep evolving as more types of Health Records are added to PetMantraa™.
- User Agrees that the prescriptions are not binding on PetMantraa™.
- The authenticity of Health Records is sole responsibility of the User/Service Provider(s)/ Service Partner(s). PetMantraa™ will show only that which was added by the User/Service Provider(s)/ Service Partner(s) in User’s Account. It is the responsibility of Service Provider(s)/ Service Partner(s)/User to put Health Records in appropriate section. PetMantraa™ shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records. User/Service Provider(s)/ Service Partner(s) hereby represent and warrant that the Health Record so provided by either of you is true and complete to the best of your knowledge to that extent. PetMantraa™ shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in PetMantraa™.
- In case of any errors or changes in details, Service Provider(s)/ Service Partner(s)/User is required to inform PetMantraa™ of the same as soon as Service Provider(s)/ Service Partner(s)/User become aware of such errors or changes.
- PetMantraa™ is not liable, if for any reason Health Records are not delivered to Service Provider(s)/ Service Partner(s)/User, or are delivered late or not accessed, despite its best efforts. While PetMantraa™ will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to Service Provider(s)/ Service Partner(s)/User, PetMantraa™ makes no promise or guarantee for any uninterrupted access to the Records to Service Provider(s)/ Service Partner(s)/User.
- PetMantraa™ reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by Service Provider(s)/ Service Partner(s)/User you or any other reason as it may deem fit.
- PetMantraa™ has the right to not to provide the access of the Health Records to the Service Provider(s)/ Service Partner(s)/User without any prior notice to avoid Health Records theft.
- PetMantraa™ shall make all its endeavor to safeguard the Health Records available with it, but cannot guarantee absolute safety.
- PetMantraa™ will disclose all or any data as and when required under the provisions of any law of the land by any Court/Authority for any reason.
- PetPoints is a unique reward program offered by PetMantraa™. For accrual, redemption and other details & TnCs, please refer to the attached link & link
- PetRefer is a referral program offered by PetMantraa™, For details & TnCs, please refer to the attached link & link.
7. PAYMENT:
- Your usage of Software/Website/Application/Interface authorizes PetMantraa™ to charge you applicable fees as it deems fit and to make such modification to the fee structure as required. It is made clear that any Fee collected by PetMantraa™ is non-refundable unless so specifically stated otherwise.
- You agree that the billing credentials provided by you for any purchases from PetMantraa™ will be accurate and you shall not use billing credentials that are not lawfully owned by you.
- Service Provider(s)/ Service Partner(s)/ User are solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. PetMantraa™ is in no way responsible for any of the Service Provider(s)/ Service Partner(s) taxes or legal or statutory compliances.
- PetMantraa™ may make available an online/offline fee payment facility, supported by a third party vendor. PetMantraa™ is not responsible for any loss or damage caused to the Service Provider(s)/ Service Partner(s)/User using this payment facility provided by such third party vendor.
- The payment process would be considered to be complete only on receipt of the fees into PetMantraa™'s designated bank account.
- PetMantraa™ shall give 15 days prior notice to Service Provider(s)/ Service Partner(s) for modifying Fee structure either on Website/Software/Interface/Application or via email, which shall be considered as valid and agreed communication. Upon the Service Provider(s)/ Service Partner(s) not communicating any response to PetMantraa™ to such notice, PetMantraa™ shall apply the modified fee structure effective from the expiry of the said notice period.
- While processing fee, PetMantraa™ might require details of Service Provider(s)/ Service Partner(s)’s/User’s bank account, credit card number and other such financial information. It might use/store the same for future transactions. Service Provider(s)/ Service Partner(s)/User are directed to check PetMantraa™’s privacy policy to know how it uses the confidential information so provided.
- Fees and charges shall be calculated solely based on records maintained by PetMantraa™ or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of PetMantraa™ shall be final and binding in relation to any fees payable by Users.
- PetPoints cannot be redeemed as cash.
- Petpoints accrual for PetDate profiles will be realized post the approval of the profile by PetMantraa™.
8. DISCLAIMER OF WARRANTIES:
- NEITHER PetMantraa™ NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE OR THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE AND, THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE WILL BE CORRECTED. THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
9. LIMITATION OF LIABILITY:
- IN NO EVENT WILL PetMantraa™ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES\ WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH PetMantraa™ OR ITS AFFILIATES OR PARTNERS, EVEN IF PetMantraa™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITES/SOFTWARE/APPLICATION/INTERFACES, THE CONTENT THEM, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE. PetMantraa™ MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER PetMantraa™ NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
10. TERM, TERMINATION AND DISPUTES:
- This Agreement will remain in full force and effect while the Service Provider(s)/ Service Partner(s)/User receive or give any Service in any form or unless terminated by PetMantraa™.
- The Service Provider(s)/ Service Partner(s) can request for termination of his/her/its membership with PetMantraa™ at any time by providing 30 (thirty) days’ prior written notice to PetMantraa™. That during this period, PetMantraa™ will investigate and ascertain the fulfillment of any of its obligation or pending dues or any other fees. PetMantraa™ may require the Service Provider(s)/ Service Partner(s) to continue his/her/its services until the completion or termination of an ongoing Service period, should the situation warrant and at PetMantraa™’s discretion. PetMantraa™ shall not be liable to Service Provider(s)/ Service Partner(s) or any third party for any termination from its Website/Software/Interface/application.
- PetMantraa™ reserves all its rights to terminate any account whether that of Service Provider(s)/ Service Partner(s)/User in case of breach of any terms and conditions of this terms of use/agreement, privacy policy, cookie policy, general terms of use, and community guidelines.
- Service Provider(s)/ Service Partner(s)/User whose account is temporarily suspended, indefinitely suspended or terminated, may not continue to use/provide Services under the same account, a different account or reregister under a new account, unless explicitly permitted by PetMantraa™. On termination of an account due to the reasons mentioned herein, such Service Provider(s)/ Service Partner(s)/User shall no longer have access to data, messages, files and other content kept on the Website/Software/Interface/Application by such Service Provider(s)/ Service Partner(s)/User.
- In any event of any misuse/hacking of any account of any Service Provider(s)/ Service Partner(s)/User by
- This Agreement and any contractual obligation between PetMantraa™ and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts at Delhi, India.
11. THIRD PARTY SERVICES:
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. PetMantraa™ is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship withvyou. PetMantraa™ is not responsible or liable for such third parties' terms or actions.
12. REFUNDS
Generally, all charges/fees are nonrefundable, and there are no refunds or credits for partiallyused periods. All refunds are subject to terms at the time of payments/bookings/purchase.
13. SEVERABILITY AND WAIVER:
If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14 ENTIRE AGREEMENT:
This Agreement, along with the Privacy Policy, Community Guideline, Cookie Policy and General Terms of Use and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and PetMantraa™ regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your PetMantraa™ account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind PetMantraa™ in any manner.
15 CONTACT INFORMATION
In event of question/query/issue/complaint/suggestion regarding Service or account then feel free to write at to customer care at support@petmantraa.com
PRIVACY POLICY
Your privacy is important to us. We respect the privacy of every individual who visits our App, microsite or website. By visiting us through any of available mode and/or purchasing, consulting, or signing up for any of the products or services listed on this site, you consent to the terms of this Privacy Policy, so kindly review the terms below: Scope: This Privacy Policy applies to websites, apps, events and other services operated by PetMantraa™. For simplicity, we refer to all of these as our “services” in this Privacy Policy. We have added links to this Privacy Policy on all applicable services. It is made clear that some services may require their own unique privacy policy. If a particular service has its own privacy policy, then that policy will apply.
Disclaimer:
PetMantraa™ may provide links to third-party websites and third-party applications to enhance user interaction, convenience and benefit. That you upon accessing those links through the PetMantraa™’s applications will leave the PetMantraa™’s applications. Thus, it is made clear that the said sites or their privacy policies may differ from PetMantraa™’s practices and are not within the control of PetMantraa™. PetMantraa™ does not endorse or make any representations about third-party websites and third-party applications. Any personal information you may choose to provide to or that is collected by these third parties, including any social media websites and applications featured on our application, websites or otherwise, is not covered by the PetMantraa™’s Privacy Statement. We encourage you to review the privacy statement or policy of any website or applications before submitting your personal information. We may also provide social media features on our applications that enable you to share PetMantraa™ information with your social networks and to interact with PetMantraa™ on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand how the information provided by you could be used or shared by those sites. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user of the Site and our mobile app , you understand and agree that you assume all responsibility and risk for your use of the applications, the internet generally, and the documents you post or access and for your conduct on and off the Site and the mobile application.
Information how we collect and what we collect: Your First Name, Last Name, E-mail Address, residential address, gender, photographs, Organization Name, Hobby, Pets photographs, Mobile Phone Number, Pet’s information, location, Country, City and Phone Number. Your interaction with our services including match-based content, your pet’s interests, play styles, height, weight, matching requirements, preferences, profiles that you liked, declined, unmatched, chats, expiring connections, reports, ratings, feedback, dispute resolution or any kind of content you generate or relating to your account. We also process your chat with other user. PetMantraa™ automatically collects personal information pertaining to you when you visit our applications and through e-mails that we may exchange. We may use automated technologies including the use of web server logs to collect IP addresses, device details, cookies and web beacons. The collection of this information will allow us to improve the effectiveness of PetMantraa™ applications and our marketing activities. By using PetMantraa™’s applications which also includes third party platform for providing certain services on the App, associated microsites and website, you agree to the processing of your information as explained in this Privacy Statement.
You can engage with us through social media websites or mobile applications or through features on PetMantraa™ Applications that integrate with social media sites. When you engage with us through social media sites, you may allow us to have access to certain information from your social media profile based upon your privacy preference settings on such platform. If you access our applications on your mobile device, we may collect personal information such as your First Name, Last Name, E-mail Address, residential address, gender, photographs, Organization Name, Hobbies, likings, pet’s information, Country, City, Phone Number, IP address and Device details.
How do we use your information?
We use your name and email to send you the specific information and/or program you have requested. We may use your name and email to send you marketing information and news. We use first-party and third-party cookies to compile aggregate data about site traffic and site interaction so we can optimize our website and create a better user experience for you. We may use cookies via Google Analytics Advertising Features, Facebook Advertising, Twitter Advertising, LinkedIn Advertising, Pinterest Advertising, and YouTube Advertising for remarketing, impression reporting, and interest reporting. We use your name and email to send you the specific information and/or program you have requested. We may use your name and email to send you marketing information and news. We use first-party and third-party cookies to compile aggregate data about site traffic and site interaction so we can optimize our website and create a better user experience for you. We may use cookies via Google Analytics Advertising Features, Facebook Advertising, Twitter Advertising, LinkedIn Advertising, Pinterest Advertising, and YouTube Advertising for remarketing, impression reporting, and interest reporting. We may also use it for billing, service requested, assess queries, administration and pet networking. We may also use your personal information for additional purposes. You may request PetMantraa™ support to rectify or erase data whenever needed. We store data until it is no longer necessary to provide our services, as mandated by law from time to time or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.
Third Party Sharing:
PetMantraa™ will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors, some of them might be located outside of India. We will share information with the event organizers. We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies. We will share information with our business partners. This includes a third party who provide or sponsor an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies.
We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud. We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction. We may share your information for reasons not described in this policy. We will tell you before we do this.
Child Policy:
PetMantraa™’s Applications are not directed at nor targeted at children. No one who has not reached the age of eighteen may use the Applications unless supervised by an adult. By accessing this Application, you represent and warrant that you are 18 years of age or older. Email Opt Out: You can opt out of receiving our marketing emails. It may take us about 15 days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.
Data Protection and Confidentiality:
We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure. We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures. We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately on support@petmantraa.com
Access and rectification
You have a right to request access to your personal information. You may send us a request for Access. You also have the right to correct any inaccuracies in your personal information. If you have an account with the PetMantraa™ Site, this can usually be done through the appropriate “your account” or “your profile” section on the applications Otherwise, you can send us a request to rectify your data by writing to us at support@petmantraa.com Further, you have the option to file a complaint for suspected or actual violations of your data protection rights with the relevant supervisory authority.
How Long we retain your personal information:
We will retain your personal information for as long as necessary to provide the services you have requested, or for other essential purposes such as performance of a contract, complying with our legal obligations, resolving disputes, and enforcing our policies.
Disclosure of information:
PetMantraa™ may share your personal information with your consent, or where the disclosure is necessary for compliance of a legal obligation or where required by government agencies mandated under law to procure such disclosure. PetMantraa™ shall take all possible endeavors to ensure that the information transferred to a third party is not further disclosed by it except where permissible under law, but cannot guarantee the same.
International transfer of Personal Information:
PetMantraa™ may transfer certain personal information across geographical borders to PetMantraa™ entities or service providers in other countries working on our behalf in accordance with applicable law. A Transfer of personal information has a broad meaning and occurs when information is communicated, moved, accessed or otherwise sent to another Country. In cases where personal information would need to be transferred outside of a country where PetMantraa™ operates, towards other jurisdictions, specific requirements may apply for such Transfer to be allowed.
Authenticity:
PetMantraa™ shall not be responsible for the authenticity of the personal information supplied to it by its service providers, whose duty it is to ensure that the information provided by it or its employees is authentic.
Grievance Redressal:
Any grievance or complaint, in relation to processing of personal information, should be sent to PetMantraa™ in writing to following contact email ID support@petmantraa.com Grievance shall be redressed as expeditiously as possible.
Effective Date:
This Privacy Statement is effective from 13 th April,2021 and it supersedes all existing polices on the subject matter. It is made clear that your use/visit to our website/app/microsite or availing of any services/opening of account/purchase of any product shall be deemed as your consent to present Policies.
Changes to this Privacy Statement:
Please note that this Privacy Statement may be subject to change from time to time. The revised Privacy Statement will accordingly be published on this page. We will not reduce your rights under this Privacy Statement without your explicit consent. Please regularly check this Privacy Statement to ensure you are aware of the latest updates with respect to the same. This Privacy Statement was last updated on 22 nd March 2021
Contact Us
If you have any questions or comments regarding this Privacy Statement or processing of your personal information, please contact us by writing to support@petmantraa.com
Cookie Policy
Introduction PetMantraa™ is committed to protecting your privacy. We aim to provide trustworthy, industry-leading products and services so that you can focus on building meaningful connections. Our approach to privacy is to provide you with clear information about our data practices. That’s why we've tried to keep legal and technical jargon to a minimum. This Cookie Policy explains what cookies are, what types of cookies are placed on your device when you visit our website and how we use them.
This Cookie Policy does not address how we deal with your personal information generally. To learn more about how we process your personal information, please see our Privacy Policy here.
What are cookies?
Cookies are small text files that are sent to or accessed from your web browser or your device’s memory. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, such as user settings, browsing history and activities conducted while using our services.
Types of cookies: First-party and third-party cookies There are first-party cookies and third-party cookies. First-party cookies are placed on your device directly by us. For example, we use first-party cookies to adapt our website to your browser’s language preferences and to better understand your use of our website. Third-party cookies are placed on your device by our partners and service providers. For example, we use third-party cookies to measure user numbers on our website or to enable you to share content with others across social media platforms. Session and persistent cookies.
There are session cookies and persistent cookies. Session cookies only last until you close your browser. We use session cookies for a variety of reasons, including to learn more about your use of our website during one single browser session and to help you to use our website more efficiently. Persistent cookies have a longer lifespan and aren't automatically deleted when you close your browser. These types of cookies are primarily used to help you quickly sign-in to our website again and for analytical purposes.
Web beacons:
Other technologies such as web beacons (also calls pixel tags or clear gifs), tracking URLs or software development kits (SDKs) are used for similar purposes. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our service or opened an e- mail that we have sent them. Tracking URLs are custom generated links that help us understand where the traffic to our webpages comes from. SDKs are small pieces of code included in apps, which function like cookies and web beacons. For simplicity, we also refer to these technologies as “cookies” in this Cookie Policy.
Usage:
Like most providers of online services, we use cookies to provide, secure and improve our services, including by remembering your preferences, recognizing you when you visit our website and personalizing and tailoring ads to your interests. To accomplish these purposes, we also may link information from cookies with other personal information we hold about you.
Control of Cookies:
There are several cookie management options available to you. Please note that changes you make to your cookie preferences may make browsing our website a less satisfying experience. In some cases, you may even find yourself unable to use all or part of our site. Browser and devices controls Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu. You also may be able to reset device identifiers by activating the appropriate setting on your mobile device. The procedure for managing device identifiers is slightly different for each device. You can check the specific steps in the help or settings menu of your particular device. Interest-based advertising tools You can opt out of seeing online interest-based advertising from participating companies. Opting out does not mean you will not see advertising - it means you won’t see personalized advertising from the companies that participate in the opt-out programs. Also, if you delete cookies on your device after you opted out, you will need to opt-out again.
Social Cookies
To allow you to share content on social media, some features of this website use social media plug-ins. Depending on your social media account settings, we automatically receive information from the social media platform when you use the corresponding button on our website.
To learn more about social media cookies, we suggest you refer to your social media platform’s cookie policy and privacy policy. Adobe Flash Player™ Flash cookies Adobe Flash Player™ is an application for viewing and interacting with dynamic content using the Flash platform. Flash (and similar applications) use a technology akin to cookies to memorize parameters, preferences and uses of this content. However, Adobe Flash Player manages this information and your choices via an interface separate from that supplied by your browser. If your terminal is likely to display content developed using the Flash platform, we suggest you access your Flash cookie management tools directly via https://www.adobe.com.
Google™ Cookies
Stuff Google Wants to Make Sure You Know about Google’s Data Collection Technology Google™ Maps API Cookies Some features of our website and some PetMantraa™ services rely on the use of Google™ Maps API Cookies. Such cookies will be stored on your device. When browsing this website and using the services relying on Google™ Maps API cookies, you consent to the storage, collection of such cookies on your device and to the access, usage and sharing by Google of the data collected thereby. Google™ manages the information and your choices pertaining to Google™ Maps API Cookies via an interface separate from that supplied by your browser. For more information, please see https://www.google.com/policies/technologies/cookies/.
Google Analytics
We use Google Analytics, which is a Google service that uses cookies and other data collection technologies to collect information about your use of the website and services in order to report website trends.You can opt out of Google Analytics by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout
VETERINARY ONBOARDING AGREEMENT
- By Signing up with PetMantraa™ as a Service provider, it is unanimously agreed by you that PetMantraa™is facilitator between the Service users and the Service Providers and it only provides a platform for service provider to provide and service user to use the Services.The present terms will be in addition to Terms of Use, and our Policy including but not limited to Privacy, Intellectual Property Rights, use of Cookies and Personal DataCommunity Guidelines etc.
- That for providing said platform PetMantraa™ reserves all its rights to charge a fee to Service Providers on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after PetMantraa™ has provided you with fourteen (14) days' notice by posting the changes on the Platform.
- PetMantraa™ will charge 25% of on each transaction on each service rendered excluding the PetDate line of service.
- PetMantraa™’s minimum consultation charge can be Rs 100 or maximum could be basis your rating and specialisations.
- PetMantraa™ defines the video Consultation duration to not to exceed 15 minutes. Anytime beyond stipulated 15 minutes might be considered as another consultation. Any decision regarding the same will be at sole discretion of PetMantraa™.
- Billing cycle: all the payments rendered by the Users will be first collected or credited to the account of PetMantraa™, thereafter PetMantraa™ will settle the accounts with Service Providers by 15th of the next month after deducting the agreed charges/service fee/taxes etc.
- Feedback: PetMantraa™ has a ‘Star Rating’ feedback mechanism build in for the users to rate the services and the provider of the services. The rating scale is 1 to 5, 1 star being the least and 5 stars being the best.
- PetMantraa™ reserves the right to review the Users feedback and reserves the sole discretion to remunerate good ratings and terminate poor rating from practicing on our platform.
- PetMantraa™ enables Users to connect with Service Providers through two methods a) Video Consultation allows Users to book an appointment through the Website; b) Clinic visitation booking facility where PetParent can directly book clinic visit through our Website.
- PetMantraa™™ will ensure PetParents are provided confirmed appointment on the Book facility. However, holds no liability if such an appointment is later cancelled by the Service Provider, or the same Service Provider does not show up for the appointment.
- For any No Show by the Service provider PetMantraa™ will hold back the pay-out for that transaction to be refunded back to the User and will deduct 25% from the Service Provider and such an action will be viewed seriously and the rating and account can be suspended temporarily or permanently depending on the severity.
- PetMantraa™ holds right to record the video and audio consultation for quality and training purpose.
- We would be engaging in marketing activities on our social handles to promote your profiles. By signing on the Service provider TnCs you consent to these marketing efforts.
- A Service Provider shall not list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering.
- That the Service Provider will not under any circumstance misrepresent the location at which he/she provides or will provide Service.
- No Service Provider will give or include brand names or other inappropriate keywords in his/her Profile, Offer, Want, Feedback, or any other title or description relating to a Service.
- The Service Provider is forbidden to use misleading titles that do not accurately describe the Service which he/she provides.
- The Service Provider will not include any information in their Profile that is fraudulent in any manner.
- The Service Provider promises to provide or provide any other service then what you have been engaged for like vetirinian cannot offer any user petmating services unless duly authorised by PetMantraa™ to do so.
- The Service Provider shall not in any manner contact the User on his own either on the Platform as provided by PetMantraa™ or outside, by any means or using any social media platform like Facebook, Google Search, Map or other social media unless specific permission in this regard has been obtained and given by PetMantraa™ in writing to the said Service Provider.
- The Service Provider will not request for exchange of personal contact information of the User or meet up the User before booking.
- The Service Provider shall not in any manner whether directly or indirectly offer in any manner a link to a third-party website/App/Platform/Address from which Service Users or any Registered User or user of the Platform may obtain the Service directly.
- The Service Provider shall not exceed multiple Posting limits.
- The Service Provider will only provide the Service(s) which he/she has posted in their profile and for which the booking has been made by the User, Service Provider cannot offer additional identical or any other services in the Service description.
- Service Provider shall not charge anything extra then what he/she is entitled to as per the booking or otherwise.
- The Service Provider shall not charge fees for traveling further than desired to provide the Service.
- The Service Provider shall in no manner offer to any User, in any manner the through PetMantraa™ or otherwise any opportunity to purchase the Service or any other service outside of PetMantraa™.
- The Service Provider shall not in any manner use his/her Profile page or user name to promote services not offered on or through the Platfrom and/or prohibited services.
- The Service Provider shall not directly or indirectly offer Service Users unreasonably low rates or high discount for the pet services offered on PetMantraa™.
- The Service Provider shall not use any payment method which is not permitted by PetMantraa™ as approved payment methods.
- The Service Provider shall not include links that do not conform to PetMantraa™'s policies with respect to third-party links.
- The Service Provider will not use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page that in any manner are in violation of IP Policy, Cookie Policy, Privacy Policy of PetMantraa™ or otherwise can be used by Service Provider to use User’s data for promotion/tracking or any other activity.
- The Service Provider shall not promote prizes, bonuses, games of chance, giveaways, or random drawings.
- The Service Provider shall not in any manner use profanity/violence/sexual /racist content in any Posting.
- The Service Provider shall not acknowledge or credit a third-party Service Provider for services or products directly connected with your particular Posting.
- The Service Provider shall not in any manner include third-party endorsements in a Posting.
- If PetMantraa™ determines in its reasonable discretion that a Service Provider has failed to provide pet care services in an honest, truthful and safe manner in accordance with our guidelines and policies, then it has the right to immediately suspend or terminate their access to PetMantraa™.
- It is further made clear that in the event of PetMantraa™ receiving any complaint from any of Payment gateways, credit card company or any financial institution, that a transaction is fraudulent, and could be due to a fake or fraudulent credit card transaction, you will be informed and the payments for your jobs with the affected owner will be held temporarily. If you believe the transaction is genuine, do update us with any proof that you have.
- It is made clear that within a period of 18 months from the last day a Service Provider services a Service User, a Service Provider will not in any manner:
- either directly or indirectly, solicit work from Service Users in the same area of service as PetMantraa™
- will not hire or solicit for employment from any Service Users or Service Providers
- will not, either directly or indirectly, solicit from nor perform any work for any Service User or Service Provider you come into contact with or becomes aware of during the term of this Agreement whether or not connected with the work you performed
- will not influence, either directly or indirectly, Service Users or other Service Providers to refrain from using PetMantraa™’s services
- will not influence, either directly or indirectly, Service Users or Service Providers to provide similar services on other similar third party platforms
- will not, either directly or indirectly, interfere with, disrupt or attempt to disrupt the relationship, contract or arrangement between PetMantraa™ and its users.
- Will not, either directly or indirectly, assist or induce any Service User or Service Provider to perform any of the foregone.
- 40. If PetMantraa™ determines in its reasonable discretion that the Service Provider has violated any of the aforementioned rules by avoiding or circumventing PetMantraa™, then PetMantraa™ reserves the right to withheld any fees/amount payable to Service Provider or initiate legal process for the recovery of any amount whether outstanding or as penalty with interest rate which will be determined by PetMantraa™ and/ or monetary loss, and to pursue any alternative legal remedies available to PetMantraa™ in this regards in which the Service Provider is responsible unless proven otherwise. The costs for any such action and pursuance of alternative remedies by PetMantraa™ for the recovery of any unpaid sums or monetary loss caused to PetMantraa™ shall be borne by the Service Providers.
AGREEMENT FOR PROVIDING AND USING VETERINARY CONSULTATION
- AGREEMENT:
This Agreement/Terms of use, provides the terms and conditions for use of various services on PetMantraa™’s website or through mobile application and mainly for online Veterinary services.
The present Terms of Use also composes Agreement between PetMantraa™ and the Veterinary Service Provider (Service Provider). It is made clear that usage of all or any of PetMantraa™’s services at its various websites/mobile application for which whether you are making any kind of payment or not is subject to the following terms and conditions.
The present Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
It is made clear that PetMantraa™ reserves all its rights to modify/add/delete any or all the terms and conditions of the present Agreement/Terms of Use at any time without giving you any prior notice. Your use of any of its service following any such modification will be deemed as your agreement to follow and be bound by the Terms of Use as modified. Further, all the terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of any usage is also considered as Terms of Use. It is made clear that you shall be bound by this present Agreement for availing any of the service(s) as offered by PetMantraa™. - SERVICES:
PetMantraa™ is offering online Veterinary Consultations to Pet Owners/Pet care takers, as case may be or to any person who wishes to avail such services via its proprietary Software called TelePetVet of which PetMantraa™ is the owner, author and publisher along with all its variants, editions, add-¬ons, and ancillary services including data generated thereof. PetMantraa™ has designed its software which can be used by a Veterinary (‘Service Provider’) and the Pet Parent/ Pet Owner/Pet Care Taker(‘User’) alike for giving and availing Services. - DISCLAIMER:
PetMantraa™ makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non¬infringement. It is made clear that in the event you have agreed to provide or provided or availed or agreed to avail or use or agreed to use Services then you have carefully read, understood, agreed and accepted the present Terms of Use/Agreement.
TERMS OF USE:
- PetMantraa™ offers its Service on as ¬is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any Service Provide/User. PetMantraa™ reserves all its rights to charge a fee for providing the Software/interface/Application from Service Provider/User. It is made clear that PetMantraa™ is providing a Software through its website/application, as a Software as a Service (SaaS) model. PetMantraa™ is not responsible for and does not deal with any of User or its pet who is managed by Service Provider through the website or native mobile applications and only provides Software to Service Provider/User through the website and native mobile applications.
- It is made clear that as and when any Service Provider/User uses or downloads such software from the website, the software, will be deemed to be licensed to Service Provider/User by PetMantraa™, for providing Service to Service Provider/User and enabling them to use those Software only. It nowhere gives any title or the intellectual property rights to the Software and other its Service, and PetMantraa™ (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein.
- Service Provider/User shall not access the Service/Software/Interface/Application of PetMantraa™ if they or the organisation that he/she/it represents is PetMantraa™’s direct competitor or for the purposes of monitoring except with PetMantraa™’s prior written consent.
- It is made clear that notwithstanding anything to the contrary contained herein, Service Provider alone shall be liable for its dealings and interaction with User/Pet/ his/her representatives or affiliates, searching for Service Provider through Website/Interface/Software/Application, contacted or managed through Website/Interface/Software/Application and PetMantraa™ shall have no liability or responsibility in this regard. PetMantraa™ does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Service Provider/User or any third party through the Service.
- The Service is not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
- PetMantraa™ automatically lists Service Provider’s information on its Website/Software/Interface/Application as per information added by Service Provider using its Software. The information listed is displayed when User searches for the same on the PetMantraa™ and this information listed on the Website/Software/Interface/Application may be used by User to request for appointment. Such information on the Service may continue to appear even after the Service Provider removes the information from its Software or the Service Provider ceases to be a engaged with PetMantraa™ or in any other way discontinues its relationship with PetMantraa™. PetMantraa™, on its own, does not list any Personally Sensitive Information of such Service Provider.
- Basic Support for the Software shall be provided by PetMantraa™ at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for (i) planned downtime of which PetMantraa™ shall give reasonable notice or (ii) any unavailability caused by circumstances beyond PetMantraa™’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. PetMantraa™ will provide the Service only in accordance with applicable laws and government regulations. PetMantraa™ nowhere guarantees that its Software/Service/Interface/Application/Website will always function without disruptions, delay or errors. PetMantraa™ takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy over which it has no control.
- In the event the Software/Website/Interface/Application are not available due to apparent default at PetMantraa™’s end or are rendered unusable, PetMantraa™ may at its discretion extend the Service period of the Service Provider only by such number of calendar days when the Software was not available. It is made clear that PetMantraa™ is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
- All or any communication sent by or through PetMantraa™ to the User of a particular Service Provider is based solely on information uploaded by such Service Provider on the Website/Software/Interface/application. The accuracy and completeness of such information is the sole responsibility of the Service Provider. PetMantraa™ will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
- PetMantraa™ accepts online appointment requests for all Service Provider listed and displayed on its website. PetMantraa™ intends to take all reasonable steps to duly inform Service Provider via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Service Provider at all or in a timely manner due to technical or operational reasons including but not limited to cases when Service Provider do not respond to phone calls made by PetMantraa™ or when Service Provider do not read emails or text messages sent by PetMantraa™ in timely manner. PetMantraa™ shall have no liability or responsibility in this regard.
- The Service may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Service Provider/User are permitted to make against PetMantraa™’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Service has been designed to provide real¬ time information to enable Service Provider/User to monitor such compliance with such limitations.
- It is made clear that PetMantraa™ will not be keeping or making records of any online services received by the User or as provided by Service Provider.
- PetMantraa™ may, at its sole discretion, suspend any account on its Website/Software/Interface/Application whether it has received any complaint or not. It also reserves all its rights to suspend any account at any time while PetMantraa™ investigates complaints or alleged violations of this Agreement, or for any other reason.
- PetMantraa™ reserves the right to use all information captured in its Website/Software/Interface/Application for the purpose of improvements, and providing analytics and businesses intelligence to the third parties. Service Provider/User may also refer to Privacy Policy and Cookie Policy of PetMantraa™ for more information on collection/usage of Data
- PetMantraa™. PetMantraa™ reserves the right to list Service Provider Service Provider who are not party to this Agreement and the Service Provider who have subscribed to this Terms of Use are listed along with them. Thereon, PetMantraa™ reserves the right to modify the listing of Service Provider on its Website. In case Service Provider wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests ,the Service Provider can do so by using options available on its online platform or by contacting PetMantraa™ at support@petmantraa.com
- Certain Service may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software. In such cases, the applicable Specific Terms will be and your access to and use of the relevant Service will be contingent upon your acceptance of and compliance with such Specific Terms.
- PetMantraa™ reserves all its rights to levy/modify applicable charges & fees from Service Provider/User and collect applicable Taxes.
COVENANTS:
- By agreeing to use/provide the Service, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use the Service in compliance with these Terms of Use. You expressly represent and warrant that you will not provide/use the Service if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person.
- You must be 18 years of age or older to register, to use the Service in any manner. By registering, or accepting this Agreement, you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to use the Service and agree to and abide by this Agreement. If you are below the age of 18 years then you may use the Service under express supervision of a Legal Guardian who is of 18 years of age or older. You also represent and warrant that you are not a person barred by any law for time being in force in India or any country of which you are a resident or from which you are receiving the Service.
- The present Agreement/Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and all the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- A condition of the Service Provider’s use of and access to the software provided by PetMantraa™ is the Service Provider’s acceptance of this Agreement. Any Service Provider that does not agree with any provisions of the same is expressly barred from providing any Service or accesses the PetMantraa™’s software.
- Service Provider is authorized to view and access the content available on the Software solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Service, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Service or Software is/are the property of PetMantraa™ and are protected under copyright, trademark and other laws. No one is authorized to modify or reproduce, display, publicly perform, distribute, or otherwise use the said Content in any way for any public or commercial purpose or for personal gain.
- It is made clear that only that person is authorised to use the Software in whose name the login id is and no else is authorized. In the event any other person is allowed by any Service Provider/User to use his/her login id, then the same shall be at sole risk and peril of that Service Provider. The said act might be taken as violation of present Terms of Use/Agreement. PetMantraa™ shall not be liable for any consequences arising thereof. PetMantraa™ shall be entitled to recover any damages that it might suffer due to such unauthorized usage. Further, from one login id only one person can use/access the Software of PetMantraa™.
- The Service Provider/User is duty bound to give true, accurate, correct, complete, up to date and to the best of his knowledge information at the time of Registration, Usage and whenever as such sought by PetMantraa™. PetMantraa™ reserves all its rights to authenticate/verify the same. Any misinformation might be deemed as violation of the present Terms of Use/Agreement.
- Service Provider/User agree and understand that themselves are responsible for maintaining the confidentiality of passwords associated with any log¬in they use to access the Software/interface/app etc.
- Service Provider/User agree that they will not use the Software/Service provided by PetMantraa™ for any illegal and unauthorized purpose.
- Service Provider/User agree to use the Service only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
- Service Provider/User shall not use any information as available on the PetMantraa™’s software/interface or which comes within the knowledge of Service Provider/User due to them being associated with PetMantraa™ or using its software/app/interface etc for their personal gain/commercial activity/advertisements /calls etc or in violation of any applicable laws.
- Service provider/User will not impersonate another person, including, without limitation, a Service Provider or User.
- Service Provider/User agree not to access/provide Service by any means other than through the Software/interface that is provided by PetMantraa™, unless they have been specifically allowed to do so in a separate agreement with PetMantraa™.
- Service Provider/User are expressly barred from engaging in any activity that interferes with or disrupts the Servers/Network/Software/Service nor will you reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Service for any purpose whatsoever.
- Service Provider/User expressly acknowledge and agree that use of Service/Software/Interface by you is at your sole risk and the same are provided by PetMantraa™ ‘as is’ basis. Service Provider/User are solely responsible for any breach of your obligations under the present Agreement/Terms of Use and for the consequences of any such breach. You both shall indemnify PetMantraa™ for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by PetMantraa™ as a result of your breach under any applicable law.
- Service Provider/User agree that this Agreement and the Services of PetMantraa™ are subject to any modification, or may be removed by PetMantraa™, as a result of change in government regulations, policies and local laws as applicable.
- Service Provider/User are not permitted to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the Service Provider/User does not have any right to. That which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, harmful to minors, infringes any IP rights like patent/trademark/copyright, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, violative of any law, relating or encouraging money laundering or gambling, deceives anyone, impersonates anyone, or otherwise unlawful in any manner whatever, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Service Provider/User are also prohibited from violating or attempting to violate the integrity or security of the Subscription Services or any PetMantraa™ Software, transmit any information on or through the Service that is disruptive or competitive to PetMantraa™. Nor to make any unsolicited communication to anyone.
- The terms and conditions as stated in the present Agreement as the case may be shall survive and be applicable even when the account of Service Provider/User is temporarily suspended, permanently suspended or terminated or closed by Service Provider/User themselves for any reason whatsoever.
- Service Provider/User shall not intentionally submit any incomplete, false or inaccurate information.
- Nor will the Service Provider/User will use any spider, robot, avatar, engine, software, tool, agent to navigate or search the Service. Nor will they attempt to decipher, decompile, disassemble or reverse engineer any part of the Software/Interface/Software/Application of PetMantraa™. Service Provider/User will not copy or duplicate in any manner any of the PetMantraa™’s content or other information available from its Software/Interface/Software/Application.
- Service Provider/User shall immediately notify in writing or by mail to support@petmantraa.com or by calling PetMantraa™ customer care on 9810323854/ 9810598405/ 9810903343, if their content is stolen or if they become aware at any time that your account is being misused or being used fraudulently. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of their account and additional charges.
- Service Provider/User will be liable in the event of their account is misused/stolen/fraudulent use. Notwithstanding anything herein to the contrary, PetMantraa™ shall not be liable to extend the account or waive any fees on account of such theft or fraudulent use.
- PetMantraa™ may restrict, suspend or terminate the account of any Service Provider/User’s account who abuses or misuses the same. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that PetMantraa™, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, PetMantraa™ has adopted a policy of terminating accounts of users who, in PetMantraa™’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by PetMantraa™.
MEDICAL/HEALTH RECORDS:
- User agrees and accepts that the Service Provider is entitled to share/receive all or any type of Health Records with its PetMantraa™ Account. These Health Records may include and are not limited to prescriptions, files, vital signs, immunization plans, growth charts, clinical notes, treatment plans, invoices and payments etc and this list will keep evolving as more types of Health Records are added to PetMantraa™.
- The authenticity of Health Records is sole responsibility of the User/Service Provider. PetMantraa™ will show only that which was added by the User/Service Provider in User’s Account. It is the responsibility of Service Provider/User to put Health Records in appropriate section. PetMantraa™ shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records. User/Service Provider hereby represent and warrant that the Health Record so provided by either of you is true and complete to the best of your knowledge to that extent. PetMantraa™ shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in PetMantraa™.
- In case of any errors or changes in details, Service Provider/User is required to inform PetMantraa™ of the same as soon as Service Provider/User become aware of such errors or changes.
- PetMantraa™ is not liable, if for any reason Health Records are not delivered to Service Provider/User, or are delivered late or not accessed, despite its best efforts. While PetMantraa™ will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to Service Provider/User, PetMantraa™ makes no promise or guarantee for any uninterrupted access to the Records to Service Provider/User.
- PetMantraa™ reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by Service Provider/User you or any other reason as it may deem fit.
- PetMantraa™ has the right to not to provide the access of the Health Records to the Service Provider/User without any prior notice to avoid Health Records theft.
- PetMantraa™ shall make all its endeavor to safeguard the Health Records available with it, but cannot guarantee absolute safety.
- PetMantraa™ will disclose all or any data as and when required under the provisions of any law of the land by any Court/Authority for any reason.
PAYMENT:
- Your usage of Software/Website/Application/Interface authorizes PetMantraa™ to charge you applicable fees as it deems fit and to make such modification to the fee structure as required. It is made clear that any Fee collected by PetMantraa™ is non-refundable unless so specifically stated otherwise.
- You agree that the billing credentials provided by you for any purchases from PetMantraa™ will be accurate and you shall not use billing credentials that are not lawfully owned by you.
- Service Provider/ User are solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. PetMantraa™ is in no way responsible for any of the Service Provider taxes or legal or statutory compliances.
- PetMantraa™ may make available an online/offline fee payment facility, supported by a third party vendor. PetMantraa™ is not responsible for any loss or damage caused to the Service Provider/User using this payment facility provided by such third party vendor.
- The payment process would be considered to be complete only on receipt of the fees into PetMantraa™'s designated bank account.
- PetMantraa™ shall give 15 days prior notice to Service Provider for modifying Fee structure either on Website/Software/Interface/Application or via email, which shall be considered as valid and agreed communication. Upon the Service Provider not communicating any response to PetMantraa™ to such notice, PetMantraa™ shall apply the modified fee structure effective from the expiry of the said notice period.
- While processing fee, PetMantraa™ might require details of Service Provider’s/User’s bank account, credit card number and other such financial information. It might use/store the same for future transactions. Service Provider/User are directed to check PetMantraa™’s privacy policy to know how it uses the confidential information so provided.
- Fees and charges shall be calculated solely based on records maintained by PetMantraa™ or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of PetMantraa™ shall be final and binding in relation to any fees payable by Users.
DISCLAIMER OF WARRANTIES:
NEITHER PetMantraa™ NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE OR THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE AND, THE CONTENT ON THEM. PetMantraa™ AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE WILL BE CORRECTED. THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LIMITATION OF LIABILITY:
IN NO EVENT WILL PetMantraa™ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH PetMantraa™ OR ITS AFFILIATES OR PARTNERS, EVEN IF PetMantraa™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITES/SOFTWARE/APPLICATION/INTERFACES, THE CONTENT THEM, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES/SOFTWARE/APPLICATION/INTERFACE. PetMantraa™ MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER PetMantraa™ NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
10. TERM, TERMINATION AND DISPUTES:
- This Agreement will remain in full force and effect while the Service Provider/User receive or give any Service in any form or unless terminated by PetMantraa™.
- The Service Provider can request for termination of his/her/its membership with PetMantraa™ at any time by providing 30 (thirty) days’ prior written notice to PetMantraa™. That during this period, PetMantraa™ will investigate and ascertain the fulfillment of any of its obligation or pending dues or any other fees. PetMantraa™ may require the Service Provider to continue his/her/its services until the completion or termination of an on¬going Service period, should the situation warrant and at PetMantraa™’s discretion. PetMantraa™ shall not be liable to Service Provider or any third party for any termination from its Website/Software/Interface/application.
- PetMantraa™ reserves all its rights to terminate any account whether that of Service Provider/User in case of breach of any terms and conditions of this terms of use/agreement, privacy policy, cookie policy, general terms of use, and community guidelines.
- Service Provider/User whose account is temporarily suspended, indefinitely suspended or terminated, may not continue to use/provide Services under the same account, a different account or re¬register under a new account, unless explicitly permitted by PetMantraa™. On termination of an account due to the reasons mentioned herein, such Service Provider/User shall no longer have access to data, messages, files and other content kept on the Website/Software/Interface/Application by such Service Provider/User.
- In any event of any misuse/hacking of any account of any Service Provider/User by
- This Agreement and any contractual obligation between PetMantraa™ and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts at Delhi, India.
REFUNDS
Generally, all charges/fees are nonrefundable, and there are no refunds or credits for partially used periods. All refunds are subject to terms at the time of payments/bookings/purchase.
ENTIRE AGREEMENT:
This Agreement, along with the Privacy Policy, Community Guideline, Cookie Policy and General Terms of Use and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and PetMantraa™ regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your PetMantraa™ account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind PetMantraa™ in any manner.
CONTACT INFORMATION
In event of question/query/issue/complaint/suggestion regarding Service or account then feel free to write at to customer care at support@petmantraa.com