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Home4pet.Com provides its Ecommerce platform ("Home4pet.Com") to You subject to following Terms And Conditions.
1. Grant of Home4pet.Com Ecommerce platform
By accepting these Terms, or by accessing or using the Home4pet.Com Ecommerce platform, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms with effect from the date on which you start using Home4pet.com ecommerce platform and that the information You provide in registering with the Home4pet.Com Ecommerce platform is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Home4pet.Com Ecommerce platform for offering to sell pets, pet related products and pet related services.
You acknowledge that these Terms constitute a contract between You and Home4pet.Com, even though it is electronic and is not physically signed by You and Home4pet.Com, and that these Terms govern Your use of the Home4pet.Com Ecommerce platform and supersede any prior agreements between You and Home4pet.Com.However, Home4pet.Com may at its sole discretion require you to execute an agreement on paper with yours signature and/or stamp or seal as may be require.
2. Home4pet.Com Ecommerce platform
Home4pet.Com Ecommerce platform includes web based software where You can create your online Ecommerce store within the ecommerce platform provided by Home4pet.com and you can also access the related support services provided to You, including store, dummy text, images and other content provided by Home4pet.Com. Any new features added to or augmenting Home4pet.Com Ecommerce platform and related services are also subject to these Terms. However, the pictures of the pets being offered for sale to the customers must be of the real pet and the related text including descriptions and other particulars of the pet/ pet related products/ pet related services are solely of the vendor/ you for which Home4pet.Com is not responsible.
3. Verification of account / identity
4. Store and store admin security
While registering, you must create username and password to login into your store admin. You are responsible for entering a unique password in order to gain access to your store admin. All users who access the Home4pet.Com Ecommerce platform as vendor do so with User account(s), which are created by them at the time of sign up at Home4pet.Com website. You are solely responsible for maintaining the confidentiality of your user account information and your password. You agree to accept responsibility for all activities and changes to data that occur under your user account(s) or password(s).
5. Content at your store
You are solely responsible for the accuracy of the content displayed at your store created at Home4pet.Com. You agree to indemnify Home4pet.Com, its owners, directors, managers, delegates, affiliates, assigns etc. against liability or loss arising from, and cost incurred in connection with any content entered into Home4pet.Com Ecommerce platform under your store account.
6. Software Interruption
Home4pet.Com may make changes to the Home4pet.Com Ecommerce platform from time to time, such changes made to any module of the system may affect your store operation. You may or may not be notified of such changes.
To apply upgrades and other changes to the Software, Home4pet.Com Ecommerce platform may be made temporarily unavailable. To minimize impact to your usage of the system, Home4pet.Com will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.
The Home4pet.Com service is made available on a pay-as-you-go basis. The Home4pet.Com service is billed to you on a monthly, quarterly, half yearly or yearly basis depending on plan period you select. The invoice raised and communicated to you by electronic or other modes will form an integral part of these terms and will always be read and treated as part and parcel of this agreement. The fee paid by you in the manner stated herein above is non refundable, not even on pro-rata basis.
For any upgrade in plan level, wherever such option is available part way through the month, you will be charged a pro-rated amount for the current month, and then the amended fee from the following month onwards. There is no option to downgrade your account during the existing period of payment. If you delete your account in any case, Home4pet.Com does not accept any liability for deletion of your account or its entire data.
8. Home4pet.com besides listing of vendors offers other beneficial services such as
• Provide suggestion and assistance to boost the sale by offering various discounts and combo packages to the customers.
• Provide the opportunity of listing the respective products in premium & special category to promote sale online.
• Provision of premium listing and online branding, on payment of applicable fee .
Prices of all services, including but not limited to monthly fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. Your Home4pet.Com store account/ other services (opted by you) may be suspended or terminated if you do not pay the invoiced amount as they fall due at the sole discretion of Home4pet.Com.
9. Service Confirmation
After subscribing to Home4pet.Com Ecommerce platform online, you will receive an email confirmation for registration containing your username and password for your store admin (if you have provided your correct email address).
If you wish to query access to your service, please email at email@example.com.
10. Intellectual Property Rights
You acknowledge and agree that Home4pet.Com owns all right, title and interests in and to the Home4pet.Com Ecommerce platform that accompanying documentation and printed materials, and any copies of the Home4pet.Com Ecommerce platform. Home4pet.Com does not grant You any right, title or interest in or to the Home4pet.Com Ecommerce platform.
The URLs representing the Home4pet.Com website (s), and all related logos of our products and services described in our website(s) and in admin are either subject to copyright, trademark or existing registered trademark ownership by Home4pet.Com and may not be copied, imitated or used, in whole or in part, without the prior written permission of Home4pet.Com.
11. Disclaimer and Warranties
Home4pet.Com makes no warranties hereunder, and Home4pet.Com expressly disclaims all warranties, express or implied, including but not limiting to, warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Home4pet.Com further disclaims all representations and warranties, express or implied, that the platform do not infringe or otherwise violate any intellectual property or other proprietary right of any third party in any jurisdiction, including, but not limited to, the territory of India. You understand and agree that the platform may not satisfy all of your requirements and may not be uninterrupted or error-free.
12. Limitation of Liability
Home4pet.Com shall have no liability with respect to the platform or its obligations under this agreement or otherwise for any indirect, consequential, exemplary, special, incidental or punitive damages even if Home4pet.Com has been advised of the possibility of such damages. In any event, Home4pet.Com’s liability to you under this agreement for any reason will be limited to the amounts paid by you to Home4pet.Com which you have paid as subscription fee during the three months/six month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limiting to, breach of terms of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts
13. To the extent permitted by law, Home4pet.Com expressly excludes:
• all conditions, warranties and other terms whether express or which might otherwise be implied by common law;
• any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
• loss of profit;
• loss of income or revenue;
• loss of business or contracts;
• loss of data;
• loss of goodwill and reputation;
• loss of expectation;
• loss of opportunity; or
• loss arising out of or in connection with wasted management or office time;
arising and whether caused by tort (including negligence), breach of terms of service or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
14. Assignment of agreement
Either party may assign or transfer these Terms, in whole or in part, without restriction, provided that the assignee agrees to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements accepted by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We may or may not notify You of such changes and direct You to the latest version and if you continue to use Home4pet.Com ecommerce platform as vendor, it would be construed as if you have read, understood, acknowledge and agreed with the latest version of the terms which govern the parties i.e. Home4pet.Com and you with effect from such change/ modification to these terms.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in full force.
16. VENDOR’S LIABILITY:
You, being the vendor on the Home4pet.Com ecommerce platform are solely responsible to the customers for all pets, products and services offered by you. Your liability for the offerings made by you to the customers is exclusively yours and you specifically and forever discharge Home4pet.Com from any claims for money or otherwise made by customer(s)/ its representatives for and in connection with the offerings made by you of pets, products or services. You specifically and forever agree to indemnify and keep harmless Home4pet.Com against all claims of money or otherwise made by the customer(s) or its representatives. You specifically agree that in case it is held by a judicial/quasi judicial/ other authorities that Home4pet.Com is liable for any claim of the customer(s) of Home4pet.Com ecommerce platform for and in connection with your offerings such as pets, products or services, in such case, you alone will be responsible to compensate Home4pet.Com to the last penny ordered against Home4pet.Com which Home4pet.Com may be require to pay.