AND TERMS & CONDITIONS:
Please read this terms of service agreement
carefully. By using this website or by making purchase(s) from this website you agree to be bound by
all of the terms and conditions of this agreement.
This Service Agreement (Agreement) governs your use of this website, [www.Home4pet.com.]
in accordance with provisions of Information and Technology Act, 2002 (as
amended upto date) and the rules frame there under. Home4pet.com offer of pets
and its related products and services for purchase on this website. This
Agreement includes, and incorporates by this reference, the policies, guidelines
and terms and
conditions detailed below. Home4pet.com 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. Home4pet.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. Home4pet.com
encourages you to review this Agreement everytime whenever you visit this website
to make sure that you are aware and understand the terms and conditions governing use of this website. This
Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Home4pet.com for other products or
services. If you do not agree to this Agreement (including any referenced
policies, guidelines & term and conditions), please immediately terminate your use of the website. If you would
like to print this Agreement, please click the print button on your browser
When you purchase from our website, as
part of the buying process, we collect the personal information you give us
such as your name, address and email address.
When you browse our website, we also
automatically receive your computer’s internet protocol (IP) address in order
to provide us with information that helps us learn about your browser and
Email marketing: With your permission,
we may send you emails about our website new products and other updates.
We may disclose your personal
information if we are required by law to do so or if you violate our Terms of
If you choose a direct payment gateway
to complete your purchase, then our payment gateway partners CC Avenue
marketplaces your credit card data (this information is not accessible to us).
It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
Your purchase transaction data is stored only as long as is necessary to
complete your purchase transaction. After that is complete, your purchase
transaction information is deleted.
All direct payment gateways adhere to
the standards set by PCI-DSS as managed by the PCI Security Standards Council,
which is a joint effort of brands like Visa, MasterCard, American Express and
PCI-DSS requirements help ensure the
secure handling of credit card information by our website and its service providers.
In general, the third-party
providers/vendors/service providers on our website will be provided with such
information about you, as is necessary and expedient to complete your purchase
and perform/provide service that you opt for.
However, certain third-party service
providers, such as payment gateways, insurance company(s)/their agents (in any
form) and vendors/sellers and other payment transaction processors, have their
own privacy policies in respect to the information we are required to provide
to them for your purchase-related transactions before completing the purchase.
For these providers, we recommend that
you read their privacy policies/terms and conditions so you can understand the
manner in which your personal information will be handled by these providers.
In particular, please remember that
certain providers may be located in or have facilities that are located a
different jurisdiction than either you or us. So if you elect to proceed with a
transaction that involves the services of a third-party service provider, then
your information may become subject to the laws of the jurisdiction(s) in which
that service provider or its facilities are located.
Once you leave our website or are
redirected to a third-party website or application, you are no longer governed
When you click on links on our website,
they may direct you away from our website. We are not responsible for the
privacy practices of other websites and we therefore encourage you to read
their privacy policies/terms and conditions.
To protect your personal information,
we take reasonable precautions and follow best policies of industry to make
sure it is not inappropriately lost, misused, accessed, disclosed, altered or
If you provide us with your credit card
information, we shall take due care to protect the same by using best business
practices. However no method of transmission over the Internet or
electronic storage is 100% secure.
AGE OF CONSENT
By using this website, you represent
that you are at least the age of majority in your state/country of residence
have given us your consent to allow any of your minor dependents to use this website.
does not promise that the website will be inoffensive, error-free
or uninterrupted, or that it will provide specific information from use of this
website or any content, search, or link on it. The website and its content are
delivered on “as-is” and “as-available” basis. Home4pet.com cannot ensure that
files you download from this website will be free of viruses or contamination
or destructive features. Home4pet.com disclaims all warranties, express or
implied, including any implied warranties of merchantability and fitness for a
particular purpose. Home4pet.com will not be liable for any damages of any kind
arising from the use of this website, including, without limitation, direct,
indirect, incidental, and punitive and consequential damages.
Home4pet.com disclaims any and all liability for the acts, omissions, and
conduct of any third-party users/vendors/sellers/advertisers/Home4pet.com users
and others on the website, in connection with this website, or otherwise
related to your use of this website. Home4pet.com is not responsible for the
products, services, actions, or failure to act of any third party as above in
connection with or referenced on the website. Without limiting the foregoing,
you may report the misconduct of any of the above third
party/vendors/advertisers/ service/product providers referenced on or included
in the website to Home4pet.com at legal@Home4pet.com Home4pet.com may investigate
the claim and take appropriate action, at its sole discretion.
You specifically agree to the above disclaimer.
By using this website,
you are granted a limited, non-exclusive, non-transferable right to use the
content and materials on the website in connection with your normal,
noncommercial, use of the website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from Home4pet.com or
the applicable third party (if third party content is at issue).
By posting, storing, or transmitting any content on
the website, you hereby grant Home4pet.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. Home4pet.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. Home4pet.com is not liable for any damage or harm
resulting from any posts by or interactions between users. Home4pet.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 Home4pet.com deems objectionable/offensive, in Home4pet.com
's sole discretion.
harmful and/or abusive language, including without limitation: expletives,
profanities, obscenities, harassment, vulgarities, sexually explicit
language and hate speech (e.g., racist/discriminatory speech.)
that do not address the pet community or articles with no qualitative
value (e.g., “this kennel’s pets are great!”) as determined by Home4pet.com
in its sole discretion.
which comments on other users.
that contains personal attacks or describes physical confrontations and/or
damage or death of a puppy and related cases caused by a business or
service to person or property.
information or messages including email addresses, URLs, phone numbers and
that are advertising or commercial in nature, or are inappropriate based
on the applicable subject matter.
determined by Home4pet.com to be illegal, or to violate any central,
state, or local law or regulation or the rights of any other person or
intended to impersonate other users (including names of other individuals)
or offensive or inappropriate user names or signatures.
which scrape or re-purpose other people’s content without permission.
illegal; hateful; pornographic; or harmful.
Note: We are not able to
police every article/post we include on Home4pet.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 contact@Home4pet.com.com.
Home4pet.com team will exercise its
discretion on such subjects based on statistics, user feedback.
DISCLAIMER OF WARRANTIES
Your use of
this website, products and/or services are at your sole risk. The website,
products and services are offered on "as is" and "as
available" basis. home4pet.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.
("products" include trial products.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOME4PET.COM MAKES NO WARRANTY:
information provided on this website is accurate, reliable, complete, or
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.
products purchased or obtained through the website.
LIMITATION OF LIABILITY
liability, and your exclusive remedy, in law, in equity, or otherwise, with
respect to the website content and purchase and/or for any breach of this
agreement is solely limited to the amount you paid, less shipping and handling,
for purchased made through this website.
Home4pet.com will not be
liable for any direct, indirect, incidental, special or consequential damages
in connection with this agreement or the products in any manner, including
liabilities resulting from (1) the use or the inability to use the website
content or products; (2) the cost of procuring substitute products or content;
(3) any products purchased or obtained or transactions entered into through the
website; or (4) any lost profits you allege.
You have been
specifically informed about the business model on this website which is a
virtual platform that provides a marketplace for the vendors/sellers to display
their products and services and for the purchasers to consider the same for
eventual purchase and for related activities. The website, its owners,
directors, managers, delegates, affiliates assigns etc. do not in any manner
engage in selling pets, products and goods and services.
You will release, indemnify, defend and hold harmless Home4pet.com, and
any of its owners, directors, managers, delegates, affiliates,
assigns etc from all liabilities, claims,
damages, costs and expenses, including reasonable legal expenses towards legal advice and services and expenses of third parties relating to or
arising out of (1) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (2) the website content
or your use of the website content; (3) the Products or your use of the
Products, services and the use of services (including Trial Products and trial
services); (4) any intellectual property or other proprietary right of any
person or entity; (5) your violation of any provision of this Agreement (6) any
information or data you supplied to Home4pet.com. When Home4pet.com is
threatened with suit or sued by a third party, Home4pet.com may seek written
assurances from you concerning your promise to indemnify Home4pet.com your
failure to provide such assurances may be considered by Home4pet.com to be a
material breach of this Agreement. Home4pet.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, with choice of counsel of Home4pet.com at its expense. Home4pet.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 Home4pet.com
against any claim, but you must receive Home4pet.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 this website, products and services.
AGREEMENT TO BE BOUND
By using this website or making purchase, you acknowledge that you have read and agree to be bound by this
Agreement and all terms and conditions on this website.
Home4pet.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 force majeure/
act of God including but not limiting to earthquake, flood, fire, storm, other
natural disasters, terrorism, armed conflict, labor strike, lockout, or
Cessation of Operation:
Home4pet.com may at any
time, in its sole discretion and without advance notice to you, cease operation
of the website and all activities of products and services.
comprises the entire agreement between you and Home4pet.com
and supersedes any prior agreements pertaining to the subject matter
Effect of Waiver:
The failure of Home4pet.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 & Jurisdiction:
This website originates from Delhi/India. This
Agreement will be governed by the laws of India . The jurisdiction for all
disputes between you and Home4pet.com will be that of Delhi /New Delhi courts
only and of no other courts. Neither you nor Home4pet.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 Delhi/New Delhi , no other court anywhere in India
or out will have jurisdiction to entertain, try and adjudicate upon any dispute
for and in connection with this agreement or connected transaction between you and home4 pet.com. By using this website and
making purchase from this website of pets, products and 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.
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 and purchase made from this website or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever
Waiver of Class Action Rights:
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 connected with
this agreement must be asserted individually.
Home4pet.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 Home4pet.com may, in its sole
discretion and without prior notice to you, cancel any outstanding orders for purchase
of products and services. If your access to the website is terminated, Home4pet.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 Home4pet.com chooses, in its sole discretion and
without prior notice to you, to
Home4pet.com makes no
representation that the website or Products 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 owe all responsibility for
compliance with any applicable local laws.