PETSMART TECHNOLOGIES PVT LTD , a company incorporated under the laws of India and having its registered office at 202, plot no. 117, Nav Karan Chs ltd, Lokhandwala Complex, Andheri (W), Mumbai-400053 is hereinafter referred to as “Company” “we” “our” or “us” as the context implies. The Company has developed a Software (as defined hereinafter) through which it provides the services that the user choses to subscribe for (“Services”).
For the purpose of these terms and conditions (hereinafter referred to as “Terms and Conditions”), wherever the context so requires “You” or “Customer” shall mean any natural or legal person who has agreed to become a buyer of the Software by providing account information while registering on the Software as a registered user using the computer systems.
These ‘Software as a Service’ Terms and Conditions set forth the terms and conditions under which the Company grants the Customer a license to use a subscription based software as a service that the Company makes generally available on its portal/website or any other electronic form (“Software”).
The Company shall be under no obligation to provide the Customer with any services except as explicitly set forth hereinabove.
Please note that the use of the Company`s Software is at your sole risk and the Company disclaims all representations and warranties of any kind, whether express or implied, as to condition, suitability and fitness for any purposes are excluded to the fullest extent permitted by law.
In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits reputation or loss of business opportunities arising out of, or in connection with, the use of this Software. Through this Software you are able to link to other websites which are not under the control of the Company. The Company has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Software up and running smoothly, however, the Company takes no responsibility for, and will not be liable for, the Software being temporarily unavailable due to technical issues beyond the Company’s control.
Please note that by using the Software, you are accepting the practices described in these Terms and Condition. All users of the Software are advised to read and understand our Terms and Conditions carefully, as by accessing the Software you agree to be bound by the same. If you do not agree with the Terms and Conditions, please do not use or access the Software. As such your access or use of the Software implies your acceptance of the said Terms and Conditions, as amended from time to time, and constitutes an agreement between you and the Company (User Agreement). In addition, when you use any current or future Services, content, or other materials, you also will be subject to this User Agreement, or other agreement governing your use of our services.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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.
Eligibility
1. By accessing our Software and /or availing our Services, you are representing the following:
2. You are 18 (eighteen) years of age or older.
3. You are capable of entering into a legally binding agreement;
4. You have not been previously barred or legally prohibited from using our Software.
If you allow anyone to use your account, including individuals under 18 (eighteen) years of age, you will still be responsible for ensuring that such individuals comply with these Terms and Conditions, and you will be responsible for all actions these individuals take in and/or through your account. The Company does not have a responsibility in ensuring that you meet the aforesaid eligibility requirements.
Your Use of the Software/ Services
uring the subscription term, the Company grants to customer a limited, non-exclusive, non transferable, non-sublicensable right to access and use the Software only for its internal business purposes, for up to the number of users included in the service plan.
Your use of the Software and/or the Services shall not violate any applicable law or regulation.
All registration information you submit is true, complete and accurate; and you agree to maintain accurate, complete and up-to-date account information in your account.
You are responsible for all activity that occurs under your account.
You are responsible for maintaining the confidentiality of the access credentials of your account
and are fully responsible for all activities that occur under your account. You agree to immediately
notify the Company of any unauthorized use of account or any other breach of security.
You agree that you are aware and responsible for all transactions taking place through your
account. You shall continue to be responsible for the transactions in your account, if you
knowingly or negligently (a) grant any other person access to your account, (b) permit them to
transact on your account, or (c) transact on any other person’s behalf or directions; whether by
sharing one-time passwords or in any other manner.
You shall not indulge in decompiling, reverse engineering, disassembling content, removing any
intellectual property right associated with the Software and/or the Services, including our
copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the Software and/or the Services in any manner that (a) may be harmful
to the operation of the Software and/or the Services; (b) may be unlawful; (c) maybe harmful to
the Company or to any other user; (d) may hinder any other user’s enjoyment of the Software
and/or the Services; or (e) to defraud other users, the Company or any other affiliates or
commercial partners (f) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
You shall not access or use the Software and/or the Services in any manner that (a) may be harmful
to the operation of the Software and/or the Services; (b) may be unlawful; (c) maybe harmful to
the Company or to any other user; (d) may hinder any other user’s enjoyment of the Software
and/or the Services; or (e) to defraud other users, the Company or any other affiliates or
commercial partners (f) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or
otherwise commercially exploit or make the Company’s technology available to any third party
other than users and end users, and then only in furtherance of its permitted business purposes.
You shall not post, distribute, or otherwise transmit or make available any software or other
computer files that contain a virus, other harmful component or malicious content, or otherwise
impair or damage the Software, or any connected network, or otherwise interfere with any person
or entity’s use or enjoyment of the Software and/ or the Services.
You shall not delete or modify any content of the Software and/or the Services.
Your use of the Software and/or the Services shall indicate that you have provided consent to
automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins
and new versions (collectively, “Updates”), for the purpose of effective delivery of the services.
Please note that your continued use of the Software following such Updates would mean deemed
acceptance by you of the same.
You shall request the Company, to block your account and change the passcode immediately for
the account, if your device has been lost or stolen.
Payments
The Software can be availed only by registered users who have registered under a subscription
model. You may need to register yourself to avail these services on a subscription model
(“Subscription”). You may be required to provide certain personal information to the Company
and may be required to make payments (“Subscription Fee”) as per the applicable membership
plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other
payment method accepted by the Company (“Payment Method(s)”) that you opted for during
registration.
The Company will be automatically billing you as per your Payment Method for each
Subscription period on a monthly and/or annually basis.
You are responsible for the accuracy and authenticity of the payment information provided by
you, including the bank account number/credit card details and any other information requested
during the subscription process. You represent and warrant that you have the right to use any
credit card or other payment information that you submit. You agree and acknowledge that the
Company shall not be liable and in no way be held responsible for any losses whatsoever, whether
direct, indirect, incidental or consequential, including without limitation any losses due to delay
in processing of payment instruction or any credit card fraud.
Subscription of our Software
We may offer a number of subscription plans, which may vary as per (a) tenure: can be monthly
and/or yearly, (b) number of other users who can use your account. Some subscription plans may
have differing conditions and limitations, which will be disclosed at your sign-up or in other
communications made available to you.
For the payments for the subscription plans availed, the users shall be taken to 3rd (third) party
payment gateway, wherein the users and/or their authorised representatives shall be governed by
the terms and conditions of such payment gateways. It is hereby clarified that the activities of the
users and/or their authorised representatives undertaken on such gateways are not the
responsibility and/or liability of the Company and is beyond its purview. In case the users need
to access the policies, terms and conditions, etc of the payment gateway they can contact the
relevant payment gateway directly.
Unless you cancel your subscription before your billing date, you authorize us to charge the
subscription fee for the next billing cycle to your Payment Method.
Billing and Cancellation
Billing Cycle
The subscription fee for our Software and any other charges you may incur in connection with
your use of the Software, such as taxes and possible transaction fees, will be charged to your
Payment Method on the specific payment date indicated on your account on the Software. The
length of your billing cycle will depend on the type of subscription that you choose when you
signed up for the Software. In some cases, your payment date may change, for example if your
Payment Method has not successfully settled, when you change your subscription plan or if your
paid subscription began on a day not contained in a given month.
All charges associated with the user’s account are set forth on the Software. For credit card
payments, the payment is due immediately upon receipt of the invoice and the user authorizes the
Company and/or authorized representatives, as applicable, to bill your credit card upon
subscription to the Software and any renewal thereof. Payment obligations are non-cancellable,
regardless of utilization by the user, and except as expressly permitted in these Terms and
Conditions, fees paid are non-refundable. Unless otherwise set forth on the Software, the user’s
subscription to the services will renew automatically. During the subscription term, the user shall
not reduce the tenure of their subscription plan, the user may however, modify the number of user
count. The user agrees that the Company shall not refund any subscription fee for any plan already
subscribed to by the user, irrespective of any modification in the number of user count. The
Company may make revision in the price plans for any subscription, at their sole discretion and
such revised prices shall apply for the subscription plans from the next payment cycle for all users.
Updating your Payment Methods. You can update your Payment Methods by going to your
account on the Software. Following any update, you authorize us to continue to charge the
applicable Payment Method(s).
Cancellation. You can cancel your subscription at any time, and you will continue to have access
to the Software through the end of your billing period. To the extent permitted by the applicable
law, payments are non-refundable and we do not provide refunds or credits for any partial
subscription periods or unused services. If you cancel your subscription, your account will
automatically close at the end of your current billing period.
Refund Policy. Unless otherwise provided by applicable law, the Company does not offer any
refunds to the users on their subscription plans. In case of any payment failures or issues relating
to payment by the user or their representatives or any third party, the Company shall not be liable
for any claims, damages, breach or disputes.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price
of our Software from time to time, by providing you a prior written notice of 30 (thirty) days of
any such price changes or changes to your subscription plans through our Software and/or via
email to the Company on [Info@techtailz.com].
Auto-Renewal. Unless a user specifically unsubscribes to any current subscription plan, directly
through their account on the Software, or makes a specific written requests via email to the
Company on [Email address to be added], and such request is specifically accepted by the
Company for non-renewal of the subscription plan, the current subscription plan of the user will
automatically renew for a period equal to the existing subscription term. The Company reserves
the right to increase the fees at the beginning of each subscription term and any and all fees for a
renewed subscription term are due upon the date of renewal.
Free trials. Any email address shall be given free trial only once for a period of 14 days. Upon
expiration of the free trial period, the user can either avail a subscription plan or the user account
shall be immediately deactivated and their access be entirely blocked.
Warranties and indemnities
The Company warrants to, and undertakes with, the Customer that.
The Company will use its reasonable efforts to provide the Software, and to exercise reasonable
care and skill;
The Company has full right power and authority to provide the Software to the Customer in
accordance with the terms of this Agreement.
Except for the express warranties set forth herein, the Software is provided on an “as is” basis,
and the Customer’s use of the Software is at its own risk.
Use of your data
Users retain all rights, title and interest (including any and all intellectual property rights) in and
to the user data and any modifications made thereto. The user hereby grants the Company and its
authorized representatives a non-exclusive, worldwide, royalty-free right to process the user data
solely to the extent necessary to provide the services and perform all related obligations. The Company may use the data provided by the users to improve the Software and/or Services. The
user is solely responsible for (a) the accuracy, content and legality of all user data, and (b) to
ensure that the user has and will continue to have sufficient rights in the user data to grant the
rights to the Company under these Terms and Conditions. The users who register on the Software
to avail the services shall also provide their personal information such as KYC, contact numbers,
email address, social media account details, purchase records, tiers, levels, promotionsand the
Company shall not be responsible or liable for any loss of their data.
You may not use, or encourage, promote, facilitate, or instruct others to use, the Software for any
illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or
otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive.
Prohibited activities or content include:
Illegal, harmful or fraudulent activities. Any activities that are illegal, that violate the rights of
others, or that may be harmful to others, our operations or reputation, including disseminating,
promoting, or facilitating child pornography, offering, or disseminating fraudulent goods, services,
schemes or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or
pharming, or engaging in other deceptive practices.
Infringing content. Content that infringes or misappropriates the intellectual property or
proprietary rights of others.
Offensive content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise
objectionable, including content that constitutes child pornography, relates to bestiality, or depicts
non-consensual sex acts.
Harmful content. Content or other computer technology that may damage, interfere with,
surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan
horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the Software to violate the security or integrity of any network, computer or
communications system, software application, or network or computing device (each, a
“System”). Prohibited activities include:
Unauthorized access. Accessing or using any System without permission, including attempting to
probe, scan, or test the vulnerability of a System or to breach any security or authentication
measures used by a System.
Interception. Monitoring of data or traffic on a System without permission.
Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message
describing its origin or route. The legitimate use of aliases and anonymous remailers is not
prohibited by this provision.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have
permission to communicate with them. Prohibited activities include:
Monitoring or crawling. Monitoring or crawling of a System that impairs or disrupts the System
being monitored or crawled.
Denial of service. Inundating a target with communications requests so the target either cannot
respond to legitimate traffic or responds so slowly that it becomes ineffective.
Intentional interference. Interfering with the proper functioning of any System, including any
deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or
flooding techniques.
Operation of certain network services. Operating network services like open proxies, open mail
relays, or open recursive domain name servers.
Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed
on a System, such as access and storage restrictions.
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other
messages, promotions, advertising, or solicitations like spam, including commercial advertising
and informational announcements. You will not alter or obscure mail headers or assume a sender’s
identity without the sender’s explicit permission. You will not collect replies to messages sent
from another internet service provider if those messages violate these Terms and Conditions.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms
and Conditions or misuse of the Software and/or Services. We may: (i) investigate violations of
these Terms and Conditions or misuse of the Software and/or Services; or (ii) remove, disable
access to, or modify any content or resource that violates these Terms and Conditions or any other
agreement we have with you for use of the Software and/or Services.
We may report any activity that we suspect violates any law or regulation to appropriate law
enforcement officials, regulators, or other appropriate third parties. Our reporting may include
disclosing appropriate user information. We also may cooperate with appropriate law enforcement
agencies, regulators, or other appropriate third parties to help with the investigation and
prosecution of illegal conduct by providing network and systems information related to alleged
violations of these Terms and Conditions.
Reporting of Violations of Terms and Conditions
If you become aware of any violation of these Terms and Conditions, you will immediately notify
us and provide us with assistance, as requested, to stop or remedy the violation. To report any
violation of these Terms and Conditions, please email us on [Info@techtailz.com].
Violation of Terms and Conditions
If we believe that you have violated any of the conditions as mentioned under the Terms and Conditions, we reserve the right to suspend your access to the Software and/or Services and delete
your account without prior notice and/or reverse the relevant transaction and/or restrict your usage
of the Software and/or Services in its entirety or any specific feature(s) thereof.
Termination for cause
Either party may terminate these Terms and Conditions in case of material breach of these Terms
and Conditions by the other party, after providing 30 (thirty) days written notice and failure by
the other party to cure such breach within 30 (thirty) days. The parties may immediately terminate
these Terms and Conditions in the event the other party becomes the subject of a petition in
bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment
for the benefit of creditors.
Grievance Redressal
The Company has a grievance redressal mechanism in place, which is in accordance with the
Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021.
Details of Grievance Officer. The name and contact details of the grievance officer who may be
contacted in case of any complaints, concerns, violations or breach of the Terms and Conditions
or and other polices are as following:
Name : Kabir Malhotra
Postal Address: 202 Nav Karan, Lokhandwala complex, Andheri West, Mumbai – 400053
Email Address : kabir@techtailz.com
Protection of Intellectual Property Rights
The Company and/or its affiliates, if any, are the sole owners of the Software and it remains their
intellectual property rights which are protected under copyright, trademarks, patents, trade secret
and/or other laws. No information, content or material from the Software may be copied,
reproduced, republished, uploaded, posted, transmitted or distributed in any way without our
express written permission. You are hereby given a limited licence to use the Software subject to
your acceptance of these Terms and Conditions.
When you upload, submit, store, send or receive content that may include feedback to or through
the Software, you give the Company and its affiliates a perpetual licence to use, host, store,
reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly
display and distribute such content. This licence shall not expire even if it is not used by the
Company or its affiliates. The rights you grant in this licence are for the limited purpose of
operating, promoting, and improving the Software, and to develop new ones and continues with
the Company even if you stop using the services.
If you believe that any image or other material made available by us, infringes upon any copyright
that you own or control, you may notify us at the earliest, in writing about the same at [Info@techtailz.com].
Indemnity
You agree to defend, indemnify and hold harmless the Company, its employees, directors,
officers, agents and their successors and assigns from and against any and all claims, liabilities,
damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims
based upon your actions or inactions, including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-compliance with any of your obligations
under these Terms and Conditions, or arising out of a violation of any applicable laws, including
but not limited in relation to intellectual property rights, payment of statutory dues and taxes,
claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or other rights. This clause shall survive the
expiry or termination of these Terms and Conditions.
Limitation of Liability
It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall
not be liable, under any circumstances, whether in contract or in tort, for any direct, indirect,
special, consequential or incidental losses or damages, including on grounds of loss of profit, loss
of reputation or loss of business opportunities.
Governing Law and Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with the laws of
India.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof
shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s
decision shall be final and binding on the parties. The arbitration shall be in accordance with the
Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of
arbitration shall be Gurgaon, Haryana and the language of the arbitration shall be English.
Subject to the aforesaid, the courts at New Delhi shall have exclusive jurisdiction over any
proceedings arising in respect of these Terms and Conditions.
Assignment
You shall not transfer or assign any of your rights and obligations arising from these Terms and
Conditions without our prior written consent. Any assignment or transfer in violation of this
Clause shall be void. Subject to the foregoing, these Terms and Conditions will be binding upon,
and inure to the benefit of the parties and their respective permitted successors and assigns.
Survival
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full force and effect.