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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 up-to date) and the rules frame there under. Home4pet.com offer of pets and its related products and services for purchase on this website, or your purchase of pets and its related products and services available 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 itwas 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 every time 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 tool-bar.
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:
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 anyproducts purchased or obtained through the website.
LIMITATION OF LIABILITY
Entire 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 bea material breach of this Agreement. Home4pet.com will have the right to participate in any defence 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 defence by you of a third-party claim at yourrequest 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 boycott.
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 sale of pets, products and services.
This Agreement comprises the entire agreement between you and Home4pet.com and supersedes any prior agreements pertaining to the subject matter contained herein.
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 home4pet.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 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 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 pets,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 terminate it.
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.
You may not assign your rights and obligations under this Agreement to anyone. Home4pet.com may assign its rights and obligations under this Agreement in its sole discretion and without prior notice to you.
By using this website or making purchase or availing services from this website you agree to be bound by all of the terms and conditions of this agreement.
Authorized Site Visits:
You agree that you are only authorized to visit, view, and retain a copy of pages of this website for your own personal use, and that you shall not duplicate, download, publish, modify, scrape, or otherwise distribute the material on this website for any commercial use, or for any purpose other than as described in these Terms.
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