1. The website www.apetterlife.in (hereinafter referred to as “the Site”) is owned and operated by APetter Life LLP (“APL”), a Limited Liability Partnership incorporated under The Limited Liability Partnership Act, 2008. By accessing our Site you agree that these Terms govern your use of our Site and your conduct, regardless of the means of access. You may be using our services, inter alia our Nutrition Consult, our Breed Specific Product Suggestions, Ailment Related Holistic Remedies, etc. and these Terms shall be binding on you and you shall be governed by the same.
3. By accessing or using the Site, you hereby unconditionally acknowledge, without limitation or qualification, to be bound by these Terms and Conditions and the Polices, whether you have read the same or not. If you do not agree to any of the terms enumerated in the Terms and Conditions or the Policies, please do not use the Site.
5. This Site is meant to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. APL does not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature
7. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to APL.
9. APL attempts to be as accurate as possible in the description of the product on the Platform. However, APL does not warrant that the product description, colour, information or other content of the product is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. APL reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
10. The products and services available on the Site, and the samples, if any, that APL may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons whatsoever.
11. In the event that any products or services purchased / received / availed causes side effects or doesn’t suit you / your pet, please note that APL is in no manner responsible for any manufactural and / or service side-effects.
12. Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by APL or any of its associates in any manner.
13. APL strives to provide accurate product and pricing information, however errors may occur. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, APL shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, APL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and APL will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that APL accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment shall be processed prior to the dispatch of the product that you have ordered. If the order has to be cancelled, the payment will be reversed to your credit / debit card account.
14. Prices and availability of the products are subject to change without prior notice at the sole discretion of APL. APL may revise and cease to make available any product at anytime. In the event, APL is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. APL shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
15. Payments for the products available on the Site may be made in the following ways: • Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, and reward points. • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order. • Cash On Delivery option is not available.
16. The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions: • APL may suspend the chat service at any time without notice. • APL or its executives are not responsible for any delay caused in attending to or replying to the queries via chat. • Communication through chat may be stored by APL for future reference, and the user of such service will not have the right to access such information at any future date. • While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information. • The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation. • You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
17. The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content "), are entirely your responsibility and APL will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that - belongs to another person and to which the user does not have any right to; - is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner whatever; - harm minors in any way; - infringes any patent, trademark, copyright or other proprietary rights; - violates any law for the time being in force; - deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; - impersonate another person; - contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; - 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.
18. APL shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. APL does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by APL. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will APL be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against APL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
19. You hereby acknowledge that APL has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, APL has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
20. If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at email@example.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
21. The "A PETTER LIFE" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of APL. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of APL or others, are the intellectual property of their respective owners, and APL shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
22. APL and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of APL and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
23. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents ") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless APL explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by APL, any of its affiliates or by third parties who have licensed their materials to APL and are protected by Indian copyright laws and international treaties.
24. APL grants you limited, non-exclusive, non-transferable, non-sub-licensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms and Conditions, are reserved and retained by the Site and its affiliates. APL reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
25. This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. APL shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
26. You acknowledge that this Site is provided only on the basis set out in the Terms and Conditions. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
27. APL shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. APL does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
28. APL through the Site intends to provide its users with general information about and home / holistic remedies for pets. The Site encourages its users to interact with APL through its employees by asking questions that enables the user to obtain information relating to pets. The postings on the Site or on any of the social networking sites, or any information provided over chat or e-mails exchanged with APL, its employees or representatives (collectively referred to as "Information ") which are in furtherance of any communication made by the user with APL, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While APL takes reasonable care to ensure that the Information is accurate, APL makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by APL or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will APL, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
29. In keeping with APL’s objective of providing its users with general information about their pets and products that could interest them, APL engages experts having knowledge of in their respective fields ("Experts ") to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites (collectively referred to as "Expert's Opinion") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. APL makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will the APL, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion. For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
30. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF APL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED. YOU AGREE THAT IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. This disclaimer constitutes an essential part of this Terms and Conditions.
29. These Terms and Conditions are effective unless and until terminated by either you or APL. You may terminate the Terms and Conditions at any time, provided that you discontinue any further use of this Site. APL may terminate the Terms and Conditions at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Upon any termination of the Terms and Conditions by either you or APL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Any such termination of the Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms and Conditions.
30. You agree to defend, indemnify and hold harmless APL, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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, which may result in any loss or liability to APL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the nonfulfillment of any of your obligations under the Terms and Conditions, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim 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 the Terms and Conditions.
32. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, 1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access; 2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" 4. sending unsolicited email, including promotions and/or advertising of products or services; or 5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
33. APL is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from APL on this Site and other than generally available third party web browsers.
34. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue to be in effect. Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between you and APL with respect to the Site / services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
35. APL's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
36. You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
37. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
38. If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org of the parties as reflected in the original provision.
39. Customer Service Desk E-mail id: email@example.com Phone: +91 9137350937