LAST REVISION: [01-July-2023]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of this website (“PetsWoof.com”), Business Name ("CLink Online Pvt Ltd") offer of products/services for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. PetsWoof™ reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. PetsWoof.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. PetsWoof.com encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with PetsWoof.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer: This Website offers for sale certain products ("Pet Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct PetsWoof.com sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations PetsWoof.com and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: info@petswoof.com
Content, Intellectual Property, Third Party Links: PetsWoof does not always create the information offered on PetsWoof.com instead the information is often gathered from other sources. To the extent that PetsWoof does create the content on the Website, such content is protected by intellectual property laws of the India. Unauthorized use of the material may violate copyright, trademark, and other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. PetsWoof.com does not endorse the contents on any such third-party websites. PetsWoof.com is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: PetsWoof.com is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will:
· abide by all applicable local, state, and national laws and regulations in your use of the Website (including laws regarding intellectual property),
· not interfere with or disrupt the use and enjoyment of the Website by other users,
· not resell material on the Website,
· not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
· not defame, harass, abuse, or disrupt other users of the Website.
License: By using PetsWoof.com, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on PetsWoof.com in connection with your normal, non-commercial use of PetsWoof.com. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from PetsWoof.com or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the website, you hereby grant PetsWoof™ (“Petswoof.com”) a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. PetsWoof.com does not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post. PetsWoof.com is not liable for any damage or harm resulting from any posts by or interactions between users. PetsWoof.com reserves the right, but has no obligation, to monitor interactions between and among users of this website and to remove any content on this website that PetsWoof.com deems objectionable/offensive, in PetsWoof.com sole discretion.
Unacceptable Contents:
Note: We
are not able to police every article/post we include on PetsWoof.com, so we may
make mistakes. If we’ve approved an article on our website which you feel is
misappropriating your content, please let us know at info@petswoof.com
PetsWoof.com team will exercise its discretion on such subjects based on statistics, user feedback.
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS/SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETSWOOF.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETSWOOF.COM MAKES NO WARRANTY:
· THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
· THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
· NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
· AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
· REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
· SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In no event shall PetsWoof and/or its employee, affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of PetsWoof.com sites/services, with the delay or inability to use PetsWoof.com sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through PetsWoof.com sites/services, or otherwise arising out of the use of PetsWoof.com sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if PetsWoof.com or any of employees, affiliates had been advised of the possibility of damages Any product or promotion of a product on the Service are not sponsored, endorsed or administered by, or in any other way associated with, Facebook. Facebook has no control over Content, Contributions or other information and opinion expressed via the Service.
You will release, indemnify, defend and hold harmless to PetsWoof.com, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
· this Agreement or the breach of your warranties, representations and obligations under this Agreement.
· the Website content or your use of the Website content.
· the Products or your use of the Products (including Trial Products).
· any intellectual property or other proprietary right of any person or entity.
· your violation of any provision of this Agreement,
· any information or data you supplied to PetsWoof.com .
When PetsWoof.com is threatened with suit or sued by a third party, PetsWoof.com may seek written assurances from you concerning your promise to indemnify PetsWoof.com, your failure to provide such assurances may be considered by PetsWoof.com to be a material breach of this Agreement. PetsWoof.com will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products/Services, with counsel of PetsWoof.com choice at its expense. PetsWoof.com will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend PetsWoof.com against any claim, but you must receive PetsWoof.com prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/Services.
PetsWoof.com believes strongly in protecting user privacy. Please refer to PetsWoof.com privacy policy, incorporated by reference herein that is posted on the website.
By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
8. General
Force Majeure: PetsWoof.com will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: PetsWoof.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and PetsWoof.com and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of PetsWoof.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: This Website originates from the Bangalore,Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor PetsWoof.com will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products/Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/Services or this agreement must be filed within 3 months after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: PetsWoof.com reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and PetsWoof.com may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products/Services. If your access to the Website is terminated, PetsWoof.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until PetsWoof.com chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: PetsWoof.com makes
no representation that the Website or Products/Services are appropriate or
available for use in locations outside India. Users who access the Website from
outside India do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws.
Assignment:
You may not assign your rights and obligations under this Agreement to anyone. PetsWoof.com may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.