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Last updated: 16th April 2021

This electronic record is prepared in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions about 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.

The document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions of access or usage of the tailbuds.com (hereinafter referred to as “Platform”).

Your use, access to, browsing, review and use of the Platform, its services and tools are subject to these Terms and Conditions (“Terms”) and all applicable laws. By accessing and using the Platform, you accept these Terms and, without limitation or qualification. By mere use of the Platform, You shall be contracting with Tailbuds Pvt Ltd (“Organisation”), the owner of the Platform. If you do not agree to the Terms, do not use the Platform. If, at any time, any part of the Terms is no longer acceptable to you, immediately terminate the use of the Platform.

For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer/user on Platform by providing data while registering on the Platform as a Registered User. The term “Platform”, “We “, “Us “, “Our” shall mean Tailbuds Pvt Ltd.

Eligibility

The Platform Services are available only to individuals who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Individuals who are incompetent to enter into a contract as per Indian Contract Act, 1872, shall not be eligible for the Services provided by this Platform and hence shall not register as a User or transact on this Platform.

Services offered

We provide pet animal, pet animal information, IT, software services across the nation (hereinafter referred to as “Services”)

Products offered

We Provide pet animal-related products across the nation (hereinafter referred to as “Services”)

Intellectual property

The platform is solely controlled, managed and operated by the Organisation. All material on the Platform, including but not limited to images, illustrations, audio clips, video clips etc., belong to Organisation and are protected by copyrights, trademarks, and other intellectual property rights. This material is solely for Your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly. You must not assist any other person in doing so. Modification of the material or use of the materials for any purposes other than personal and non-commercial use is a violation of the copyrights, trademarks and other proprietary rights and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

You may be required to provide information about Yourself in order to register for and/or use Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.

You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to the Platform and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Organisation be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although the Platform is not responsible for any Content, it may delete any Content, at any time without notice to You, if the Platform becomes aware that it violates any provision of this agreement or any law.

Privacy and usage of cookies

For access to the Privacy Policy, please refer to the Privacy policy page.

User conduct and rules on the platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information that:

  2. belongs to another person and to which You don’t have any right to;

  3. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  4. harm minors in any way;

  5. infringes any patent, trademark, copyright or other proprietary rights;

  6. violates any law for the time being in force;

  7. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  8. impersonate another person;

  9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  10. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;

  11. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws regarding Your use of Our Services.

Conditions of sale (between sellers and the customer)

Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Tailbuds Pvt Ltd (the website). These conditions signify your agreement to be bound by these conditions.

Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

 

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorise us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

 

You can cancel your order for a product at any time before we send the Dispatch Confirmation E-mail relating to that product. Please refer to our Cancellation Policy.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

Returns

Please review our Returns Policy, which applies to products sold by us.

Product Warranty

Please review our Warranty Guide specific to the product sold by us.

Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us. You agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

NO WARRANTIES OF SERVICES

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND ORGANISATION, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.ORGANISATION, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.ORGANISATION DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ORGANISATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

Limitation of liability

The Organisation shall not be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business, profits, business interruption, loss of business information, or any other pecuniary loss or damage) to the maximum extent permitted by applicable law arising out of the use of or inability to use the Services or failure to provide technical or other support services 

You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this agreement and any other policies of Organisation. Organisation assumes no responsibility or liability for violations. If You become aware of any violation of this agreement in connection with use of the Services by any person, please contact Organisation at [email protected] Organisation may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Organisation be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

Breach of terms

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

1.   send you one or more formal warnings;

2.   temporarily suspend your access to our Platform;

3.   permanently prohibit you from accessing our Platform;

4.   commence legal action against you, whether for breach of contract or otherwise; and/or

5.   suspend or delete your account on our Platform.

 

Further, You shall be liable to indemnify and hold harmless Organisation, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Amendment

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. You shall ensure to review these Terms periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Organisation Policies including but not limited to Privacy Policy as amended from time to time.

Arbitration

In the event of any differences and disputes with respect to the Terms, the same shall be referred to arbitration as per the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue and seat of the Arbitration shall be at Bangalore, Hyderabad or Kolkata and the arbitration shall be conducted in the English language. We reserve the right to select the seat/place of the Arbitration.

Governing Law and Jurisdiction

These Terms shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

Entire agreement

 

These Terms contains the entire agreement as to the subject matter hereof and supersedes any previous or contemporaneous understandings, commitments, or agreements, oral or written, as to such subject matter.

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