TERMS OF USE

Electronic Record and Applicable Laws
1. This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.petmama.in including the related mobile site and mobile applications (hereinafter referred to as the “Platform”) and all the laws of India are and shall be the governing laws for any purpose whatsoever herein.

Terms of use
1. These Terms of use (‘Terms’) including the applicable policies such as Privacy Policy displayed on the Platform and are incorporated herein by way of reference, govern the access and use of the Platform and Platform Services by Customers and Partners (Customer and Partners are hereinafter collectively referred to as “You” or “Your” or “User”).
2. “Supplement terms” may apply to the access and use of certain services provided by the Partners. Such Supplement terms will be disclosed to you at the time of availing services through the Platform.
3. Supplement terms are part of these Terms for the purpose of applicable services. However, where there is any conflict between these Terms and Supplement terms with respect to any applicable service, the Supplement terms shall prevail.

Ownership of the Platform
1. This Platform is owned and operated by Heroictales Private Limited (“Petmama”) having its Registered Office at 10/4F, Old 26, Lala Lajpat Rai Sarani, Kolkata, West Bengal-700020, India and is the sole owner, operator, author and publisher of the Platform.

E-Platform for Communication
1. The Platform may be used by the Customers for searching, contacting and availing services listed on the Platform by the Partners. Similarly, the Partners listed on the Platform may use the Platform in providing services or selling goods to the Customers in accordance with these Terms and terms of any other agreement as may be entered into between the Partner and Petmama.
2. You agree, understand and acknowledge that Petmama is an online platform that enables you to purchase or sell products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Petmama is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform.

Platform Services
1. The Platform Services constitute:
access and use of the Platform by the Customer to arrange and schedule services with independent third party providers of those services; or purchase pet products such as accessories, toys, foods items etc. from independent third party sellers of such products, who have an agreement with Petmama (the third party providers and third party sellers are collectively referred to as “Partners” in these Terms); and facilitate payments to such Partners for their services or purchase of products and receive receipt of those payments.
access and use of the Platform by the Partner to provide services to the Customers; or sell pet products such as accessories, toys, foods items etc. to the Customers; and receive payments from such Customers for purchase of services or products from the Partner and issue receipt of those payments to Customers.
The Platform Services are made available solely for your personal, non-commercial use unless Petmama has otherwise agreed with you in a separate agreement. You acknowledge that Petmama does not provide any services listed on the Platform and that all such services are provided by the Partners, who are not employed by Petmama or its affiliates. Petmama accepts liability for the Platform Services it provides to you subject to these Terms. The Partners are responsible for services and goods they provide to the Customers.
The Platform Services includes listing of a wide range of pet related services and pet products provided by the Partners to the Customers.

Eligibility of the Users
1. The Platform may be used only by persons who are at least 18 years old and are competent to enter into a legally binding contract under the Indian Contract Act, 1872.
2. Persons who are incompetent under the Indian Contract Act, 1872, including an undischarged insolvent, minor, person of unsound mind etc. shall not be eligible to use or transact through the Platform.

Acceptance of terms
1. THESE TERMS ARE INTENDED TO MAKE YOU AWARE OF YOUR LEGAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO YOUR ACCESS TO AND USE OF THE PLATFORM. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT ACCEPT THE TERMS OR ARE UNABLE TO BE BOUND BY THE TERMS.
2. You accept these Terms when you:
Click to accept or agree to the Terms, where it is made available to you on the Platform; or
Actually, start using the Services.
access, browse, visit, or transact in whatsoever nature / way on the Platform.
We expressly reserve the right to change these Terms from time to time without prior notice. It is your responsibility to review these Terms on the Platform from time to time and to familiarize yourself with any updates, alterations or modifications to these Terms. Your continued use of the Platform after such updates, alterations and modifications will constitute acknowledgement of such modified Terms and agreement to abide and be bound by them.

User Account
1. All eligible Users who wish to transact on the Platform shall be required to register with Petmama by either creating a personal services account or business account, as the case may be (“Account”).
2. For creating an Account, you may be required to provide your name, email address, age, and mobile number. Petmama may require you to provide such additional information as are relevant to you to register as a Customer or Partner. The above information will be protected by Petmama in accordance with the Privacy Policy displayed on the Platform.
3. The registration process will be complete when you confirm the email address and mobile number verification through One Time Password (“OTP”) generated on the email address and mobile number provided by you. Petmama may impose such additional verification requirements on business accounts, as may be required to verify the credentials of the business account user.
4. Petmama reserves the right to refuse access to the Platform, terminate Accounts, remove or edit content on the Platform at any time without notice to you.

User Account obligations
1. You will ensure that the details provided by you are correct and complete. You agree to inform us immediately or update the information in the Account in case of any changes to the information that was provided by you at the time of registration.
2. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorised access to your Account. You agree to accept responsibility for all activities that occur through your Account.
3. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4. Customers agree and acknowledge that they will use their Account on the Platform to purchase goods and services only for their personal use and not for commercial use.
5. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to;
is or promotes grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially and ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Is false, inaccurate or misleading in any way;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
interferes with another User's use and enjoyment of the Platform or any other individual's use and enjoyment of similar services;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
shall not create liability for Petmama or cause Petmama to lose (in whole or in part) the services of Petmama’s suppliers;
You must ensure that you do not undertake any fraudulent activities during the use of the Platform or Platform services and cause loss to the business. Petmama will consider a User fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Users false information to the payment verification mail sent by Petmama or fails to produce adequate documents during the payment details verification.
User misuses another User’s or persons phone/email or other personal information
Users use invalid address, email and phone no.
Users misuse, overuse or use a fake Promo code or vouchers
Users return the products not purchased through the Platform
Users refuse to pay for purchase of any goods or services through the Platform.
Users involved in the snatch and run of any goods at the time of delivery.
Users involved in any other activities with the sole intention to cause loss to the business/revenue of Petmama.
Users repeatedly request monetary compensation for fake/used products.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Petmama.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

No discrimination
1. Petmama prohibits discrimination against Partners or Customers based on their race, caste, religion, national origin, sexuality, sex, marital status, gender identity, age or any other characteristics that may be protected under applicable law. The discrimination includes but is not limited to, any refusal to accept or provide services based on any of these characteristics. In case you are found to have violated these prohibitions you will lose access to the Platform and proceedings under applicable law may be initiated against you.

Promotional Codes
1. Petmama in its sole discretion creates promotional codes that may be redeemed for Petmama’s own payment wallet (“Petmama Credit”), or other features or benefits related to the Platform Services and/or Partner’s services, subject to any additional terms that Petmama may establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
must be used for the intended purpose and audience and in lawful manner;
may not be duplicated, sold and transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Petmama;
may be disabled by Petmama at any time for any reason without liability to Petmama;
may only be used pursuant to specific terms that Petmama establishes for such Promo Code;
are not valid for cash;
may expire prior to your use.
Petmama reserves the right to withhold and deduct Petmama credits or other features or benefits obtained through the use of Promo Codes by you or any other person in the event that Petmama reasonably determines or believes that the use or redemption of the Promo Code was in error, illegal, fraudulent, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content
1. Petmama may, at Petmama’s sole discretion, permit you from time to time, to submit, upload publish or otherwise make available through the Platform services textual, audio and/or visual content and information including commentary or feedback related to Platform services, services provided through the Platform by the Partners, initiation of support requests and submission of entries for competition and promotions (“User Content”).
2. Any User Content provided by you shall remain your property. However, by providing User Content to Petmama, you grant Petmama a worldwide, perpetual, irrevocable, transferable, royalty free license with the right to sublicense to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content on all formats and distribution channels now known or hereafter devised, without further notice to you or consent from you and without the requirement of payment to you or any other person or entity.
3. Petmama is and shall be under no obligation:
to maintain any User Content in confidence;
to pay you any compensation for any User Content; or
to respond to any commentary or feedback related to Platform services or services and products provided through the Platform by the Partners.
You agree that any User Content submitted will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
You further agree that the User Content submitted by you on the Platform will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Please note all User Content is subject to checks and moderation by Petmama and Petmama reserves the rights to moderate as well as publish/not publish the User Content.
Petmama reserves the rights to solicit or withhold reviews and ratings with no liability. Petmama reserves the right to accept, reject, moderate, monitor & edit or remove any comment. You grant Petmama the right to use the name that you submit in connection with any User Content.
You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the User Content, and you agree to indemnify Petmama and its affiliates for all claims resulting from any User Content you submit. Petmama and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

Payment
1. The Users will be charged for the services received from the Partners (“Charges”). At the time of booking of such services, Petmama will facilitate your payment of applicable Charges on behalf of the Partner as such Partner’s limited payment collection agent. Payment of the Charges shall be considered the same as the payment made by you to the Partner directly.
2. Petmama may charge a convenience fee (“Fee”) for the Platform Services provided by Petmama to you. The Fee may be charged at the time of booking any service or after the services are availed by you.
3. The Charges and Fee will be inclusive of taxes as per applicable by law. Charges and Fee paid by the User is final and non-refundable, unless or otherwise determined by the Petmama in accordance with the Terms. The Customers will make full payment in advance for orders of any goods or appointments of any services by the Customers.
4. All Charges and Fees are due immediately and payments will be processed by Petmama using the preferred payment method provided in your Account and the receipt will also be provided to you via email. In case your Account payment method is determined to be expired, invalid or otherwise not be able to be charged, you agree that Petmama may, as Partner’s limited payment collection agent, use a secondary payment method in your Account, if provided by you.
5. Partner reserves the right to remove or revise Charges for any or all the services at any time at Partner’s sole discretion. Charges and Fees in certain geographical areas may increase due to high demand for services. Petmama will use reasonable efforts to inform you about the Charges and Fees that may apply and you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.
6. Petmama may provide from time-to-time promotional offers and discounts to certain Users that may result in different Charges and Fees for same or similar services and you also agree that such promotional offers and discounts unless made available to you shall have no bearing on your use of the services or the Charges and Fees applied to you.
7. Petmama may provide you a subscription package from time to time, where in exchange for monetary consideration, additional benefits such as discounts in services from Partners may be made available to you. The benefit will be available only for a limited period as may be agreed by you in advance.
8. This payment structure is intended to fully compensate the Partners for the services and goods provided by the Partners. Petmama does not designate any portion of your payment as gratuity or tip to the Partners. You are free to provide any gratuity or tip to the Partners for the services obtained by You. You are under no obligation to provide any gratuity or tip and it is voluntary. You will have the opportunity to rate the services and your experience and leave feedback about the Partner.
9. The Charge and Fees (respectively) shall be made only available for the services provided by the Partners and for the Platform Services provided by Petmama.

Refund and Cancellation
1. Cancellation by Partners: In the event, the Partner initiated the cancellation of any order for delivery goods or any appointment for provision of services for any reason which includes but not limited to unavailability of the Partner to perform any services, unavailability of delivery at a certain pin code, product damaged, lost in transit, or shortage of stock, Petmama will try its best to schedule the appointment with another Partner. In case Petmama fails to provide the Partner, full Charges including any Fee paid by you will be refunded along with Petmama credits equal to the Charges and Fees, if any paid by the Customer for such services.

Cancellation by you:
The Customer may cancel any order for delivery of goods within 4 hours of placing such order and the Charges paid by the Customer including Fees, if any shall be refunded to the Customer within 7-8 business days through the same mode as was used by the Customer for payment without any deduction. For cancellation requests after the prescribed time, Charges and Fees excluding any shipping fee will be refunded to the Customer in the form of a Petmama Credit and can be used for payment of any Charges or Fees for purchase of goods and services through the Platform.
The Customer may cancel any appointment for provision of services by the Partner at least 48 hours prior to the appointment and the Charges paid by the Customer including Fees, if any shall be refunded to the Customer within 7-8 business days through the same mode as was used by the Customer for payment without any deductions. For cancellation requests after the prescribed time, payments will not be refunded to the Customer cancellation of any appointment for services.
Charges and Fees, if any in relation to services booked within 48 hours of the appointment will be non-refundable.

Reschedule/ Return/ Replacement/ Refund:
Any services provided by the Partners through the Platform can only be rescheduled 48 hours prior to the appointment. Rescheduling of services can be done only once per booking.
The Customer may request the return or replacement of a non-perishable item purchased through the Platform within 7 days from the date of delivery of such item for any reason whatsoever. However, in order to receive a full refund of Charges and Fees, excluding any shipping charges paid at the time of delivery, the items must be returned in the original packaging delivered to you to ensure no damage is made during transit.
Items which are perishable such as food items cannot be returned and the refund for such orders cannot be processed. However, if you have any complaints you may write to us at ______________ and we promise to look into it.
Item condition must be new and not used. Items that are returned with missing parts, used, dirty, or even damaged may be refused for return or may be subject to a reduced refund depending on what condition it is returned.
In the event, the item purchased by the Customer through the Platform is received as damaged/defective/wrong product shipped, we will be happy to arrange for immediate return and replacement or refund as per the Customer’s choice and through the same mode in which payment for such items was made by the Customer. All such refunds shall be processed within 7 business days without any deduction including shipping or delivery charges.

Cancellation and Return Procedure: In order to request a cancellation or initiate a return or reschedule an appointment, please write to us at:
____email________ with your order details, reason for return and in case of receipt of defective/damaged product, photographs of such damage or defect, wherever possible.
As soon as we receive your return request, a RMA number (Return Merchandise Authorization) will be sent to you with 2 hours of such request including return instructions. You may use this RMA number to follow up on your request. We process such requests with 4-5 business days.

Indemnification
1. User agrees to defend, indemnify and hold harmless Petmama and its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of:
The Use of and access to the Platform or Platform Services by User or User's Account.
The violation of any of these Terms.
The violation of any third party right, including inter alia, any copyright, property or privacy right
Any claim, for damage caused to a third party, from the User’s Content
This defence and indemnification obligation will survive this Terms even in the event of termination / suspension of User’s Account by Petmama or the User.

Limitation of Liability
1. IF YOU ARE AVAILING THE SERVICES AS A CONSUMER, PETMAMA’S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF SERVICES PROVIDED TO YOU AS A PART OF THESE TERMS, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
2. PETMAMA’S LIABILITY TO YOU FOR A BREACH OF THESE TERMS, ANY CONDITION, OR WARRANTY IS LIMITED.
3. PETMAMA SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT PETMAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF SERVICES HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PETMAMA’S ENTIRE LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE SHALL BE THE REFUND OF THE CHARGES AND FEES PAID BY YOU, UNDER WHICH THE UNLIKELY LIABILITY ARISES. USER SPECIFICALLY ACKNOWLEDGES THAT PETMAMA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR PARTNERS AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

Intellectual Property Rights

Access or use of Platform Services by the Users shall not confer any rights upon the User to use any of Petmama’s intellectual property rights in any manner whatsoever and the User shall not amend or modify any trademarks or logos of Petmama the Company appearing on or in connection with the Services.

Waiver

The failure by either Party to exercise any right, power or privilege under these Terms shall not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

Severability

If any of the clauses under this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Assignability

User’s shall not assign their rights, liabilities, duties or interests under these Terms to any third party without the approval of Petmama. You hereby agree and approve to Petmama to assign the right, liabilities, duties or interests to a subsidiary, affiliates, Partners or independent third parties. You hereby agree and approve that there is no joint venture between the Petmama and the Users.

Petmama established a Privacy Policy that explains the Users how their personal information is collected and used. The Privacy Policy is located: PRIVACY POLICY. The Privacy Policy is hereby incorporated into these Terms by way of reference.

Termination
1. Petmama may restrict you from accessing or using the Platform Services, or any part of them with or without notice, in circumstances where Petmama reasonably notices that:
You have, or are likely to, breach these Terms; and
You do not, or are likely not to qualify, under applicable laws or standards and policies of Petmama and its affiliates, to access or use the Platform Services.
You may terminate these Terms, at any time for any reason.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

Dispute Resolution
1. In case any dispute arises between the User and Petmama, it will be resolved amicably. In case of any grievance to the Users regarding the Terms or the Platform, the User may contact the Grievance Officer herein mentioned below.
2. In the event the dispute cannot be resolved through communication with Petmama, you and Petmama agree that any dispute, claim or controversy arising out of or relating to the Terms, or your use of the Platform, shall be resolved through Arbitration in accordance with the Arbitration and Conciliation Act, 1996.
3. There shall be a sole arbitrator panel which shall be decided by consent of both the Parties. The seat of arbitration shall be in Kolkata, West Bengal, India. The Parties shall equally bear all the costs and expenses of the Arbitrator.

Grievance Officer

For the purpose of Consumer Protection Act, 2019 and rules made thereunder and in accordance with Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer currently is Ms. Brinda Roy with address at 10/4F, Old 26, Lala Lajpat Rai Sarani, Kolkata, West Bengal-700020 with email ID: brindaroy@petmama.in. Any change in the details of the Grievance Officer shall be communicated on the Platform. Any disputes or claims regarding the Platform or Terms shall be communicated with the Grievance Officer via email mentioned herein above.