Terms of service
TERMS OF USE OF THE PLATFORM
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING, CONSENT AND ACCEPTANCE OF THESE TERMS IN ADDITION TO THE GENERAL TERMS OF USE OF PLATFORM, IF ANY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS PLATFORM.
1. DEFINITIONS
1.1. Capitalised terms defined by inclusion in quotations and/ or parenthesis have the meanings so ascribed; and the following terms shall have the meanings assigned to them herein below:
"Buyers", "You" or "Your"; shall mean any registered user who is a natural or legal person and who has access to and is using the Platform;
"Buyer Account" shall mean an electronic account opened by the registered Buyer on the Platform
"Chargeback Transaction" shall mean those Transactions which are (i) not completed as per the timelines indicated on the Platform; (ii) cancelled by the Buyer/Seller any time prior to the date on which the Products were supposed to be delivered and in accordance with the cancellation policies of the Platform; (iii) disputed by the Buyer for not having received the Products as per purchase order/terms & conditions from the Seller and/ or (iv) identified as Chargeback Transaction(s) in accordance with the policies set out in Annexure A herewith;
"Company", "Us", "We" and/ or "Our" shall mean Pettofit Private Limited, a company registered under the Companies Act, 2013 having its registered office at #L-148, 5th Main Road, Sector 6, HSR Layout, Bengaluru, Karnataka 560102;
"Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions breakdown, and/or hacking of the Platform and/or contents provided on the Platform, such that it is impossible to perform the obligations under the Terms of Use or any other cause or circumstances beyond the control of the Company hereto, which prevents timely fulfilment of the obligation of the Company in accordance with these Terms.
"KYC Guidelines" of "KYC" shall mean the Know Your Customer (KYC) guidelines as set forth under the applicable laws;
"Platform" shall mean and include "vettofit.com", mobile application of the Company, any successor website/applications, any website of the Company's affiliates or any other channel facilitated and permitted by the Company;
"Products" shall mean all the goods/products/services offered for sale on or through the Platform;
"Seller" shall mean the person(s)/ entity(ies) selling the Products and/or providing the services on or through the Platform and such person(s)/ entity(ies) have agreed to the terms and conditions of the Platform;
"Supplier" shall mean the persons/ entities who have listed the Products on the Platform and are supplying the same to the Buyers on behalf of the Seller(s) and such person/ entities have agreed to the terms and conditions of the Platform;
"Terms" or "Terms of Use" or "Buyer Agreement" shall mean the terms and conditions provided herein, required to be accepted by the Buyer prior to using the Platform;
"Transaction Account" shall mean the bank account(s) (being the current accounts) opened in the name of the Company wherein the Buyer shall pay and deposit the money for buying the Products; and
“Transaction” shall mean any transaction of sale / purchase of the Products initiated or performed utilising the Platform.
1.2. INTERPRETATION
(a) All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
(b) Words importing any gender shall include all the other genders.
(c) Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
(d) All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Buyer Agreement.
(e) The Annexures form part of this Buyer Agreement and shall have the same force and effect as if expressly set out in the body of this Buyer Agreement and the Recitals of and Schedules,
(f) Annexures to this Agreement shall be read and construed as essential parts of this Buyer Agreement.
2. INTRODUCTION
This Platform is operated by the Company under the brand "Vettofit". The Company offers this Platform, including all information, tools available through this Platform to You, the Buyer on a non-exclusive basis, and conditional upon Your acceptance of all Terms, policies and notices stated herein.
The Buyer's use of the Platform, including but not limited to viewing information, acting on such information and the Transactions that may be implemented through the Platform, is governed by and shall be subject to these Terms and such Terms whereof are subject to change at any time, without prior notice to You. Any additional or new features or tools which are added to the current Platform shall also be subject to the Terms. To ensure that You are aware of the changes, please review this Buyer Agreement and all the documents referred to hereunder periodically.
If continue to browse through this Platform, you are agreeing to be bound by the Terms of for use of the Platform along with the privacy policy ("Privacy Policy") set out at https://www.vettofit.com/privacy-policy govern your relationship with Us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the Privacy Policy, which shall be deemed to be a part of these Terms.
The terms for use of the Platform and related services stated herein shall be binding on You. By proceeding further, you confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to any particular Product on the Platform ("Additional Documents"), which shall be deemed to be a part of these Terms. In the event of any conflict between the terms of this User Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Agreement.
3. SCOPE OF THE PLATFORM
The Platform is an e-portal/mobile based application for marketing, availing and selling of the Products. By visiting the Platform and/or buying/agreeing to buy the Products listed on the Platform for the consideration, costs, charges set out at the Platform and invoice issued to You, you agree to be bound by additional terms and conditions and policies as may be applicable to a particular Product/Service as may be sold on the Platform. These Terms apply to all Buyers/ users of the Platform, including without limitation users who are browsers, vendors/sellers, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images ("Content").
4. INVITATION TO OFFER
All the Products displayed on the Platform constitutes only an invitation to offer. Your order for purchase constitutes your offer and the Company reserves the right to accept or reject your offer, in part or in full. Our acceptance of your order will only take place upon the dispatch of the Product(s) ordered. The dispatch of all the Product(s) ordered may or may not happen at the same time. In such case, only that portion of the order which has been dispatched will be deemed to have been accepted by us, and the balance will continue to remain as an offer to us. The Company reserve the right to accept or reject such balance order at our sole discretion.
We reserve the right, at our sole discretion, to limit the quantity of the Products purchased per user or per order.
5. ACCOUNT AND REGISTRATION
Use of this Platform is available only to the registered Buyers. For becoming a registered Buyer, please create an account on the Platform. All the information provided/documents submitted at the time of registration shall vest with Company. You confirm and consent that the documents provided herein (if any) may be used by the Company to ensure compliance with all relevant and applicable regulatory and KYC requirements, as need be. Any information provided to us during the registration process will be protected in accordance with our Privacy Policy.
You hereby agree and confirm that you will:
(i) Provide accurate, correct, valid and subsisting information/documents at the time of registration on the Platform and anytime thereafter, as may be required ("Registration Data").
(ii) Maintain and promptly update the Registration Data to keep it accurate, current and complete always. We reserve the right to confirm and to validate the information and other details you provided. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Platform.
(iii) Indemnify and keep indemnified the Company from and against all claims resulting from the use of any detail/information/Registration Data that you post and/or supply to the Company. The Company shall be entitled to remove any such detail/information/Registration Data you posted even without any prior notification.
(iv) In order to ensure that we are not violating any right that you might have in your Registration Data, you will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity and database rights (but no other rights) that you have in the Registration Data, in any current media or in the future, solely to enable us to appropriately utilize such Registration Data you have supplied us.
You are liable to ensure that your login id and password is not disclosed or transferred to any other person and that all services at Platform are used only for your own business purposes.
In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent these Terms, and such entity agrees to be bound by the Terms.
It is the Buyer's duty to ensure proper usage of the Platform/services and to further ensure that only persons authorized by the Buyer should do the purchasing from Platform on Buyer's behalf. The Buyer understand that the Products purchased/services availed are not for personal consumption and only for business purposes of resale, commercial, business, institutional and/or industrial use only and hereby agree to purchase Products only for the permitted purposes.
You represent and warrants us that you holds all licenses, consents, registrations and governmental approvals including: (i) sales tax/value added tax/service tax/excise duty registration; or (ii) a trade license; or (iii) relevant licenses and permits for carrying on retail trade; or (iv) certificate of incorporation or registration as a society or registration as a public trust for the purpose of undertaking purchase the Products through this Platform and shall promptly provide copies of the abovementioned to the Company before registration.
Any deviation from the aforesaid will entitle the Company to block\suspend Buyer's registration and to take such other action(s) as may be necessary.
Any persons whose registration has been suspended or terminated by the Company for any reason whatsoever, will not be able to transact on the Platform.
If you use the Platform, you are responsible in maintaining the confidentiality of your password, account and any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of your failure to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password, you should contact us immediately at hello@vettofit.com and/or call us at +91-7348807744, If we have valid reason/s to believe that there is likely to be a breach of security or misuse of the Platform, we may require you to change your password or we may suspend your account without any liability whatsoever.
6. PRICING AND AVAILABILITY
The Company is committed to providing competitive prices every day on everything offered on its Platform. In order to ensure competitiveness as well as to take cognizance of any inflation or other market changes, the Company reserves the rights to update the prices on "vettofit.com" from time to time without any advance notice to the Buyers. Buyers should confirm and agree to the prices displayed on the Platform before placing the order.
Even though we strive to provide accurate product and pricing information, pricing and/or typographical errors may still occur. We cannot confirm the price of a product until you place an order and we accept the order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or in error in placing Product information, we retain the right, at our sole discretion, to refuse or cancel any orders placed for that Product.
In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions to cancel your order or notify you of such cancellation. If your credit/debit/cash card has already been charged for the purchase and your order is cancelled, we will process a refund in accordance with the Refund and Return/Replacement Policy.
We may not be in a position to accept certain orders due to the limitations on quantities available for purchase, or other problems identified by our internal department. In which case, we reserve the right, at our sole discretion, to refuse or cancel such order or any portion thereof. In line with that, we will notify You and will process a refund in accordance with the Refund, Cancellation and Chargeback policy as set out at Annexure A herewith.
We reserve the right at any time, without any prior intimation, to modify or discontinue the sale of any Product on the Platform without notice at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance the Products or any direct or indirect loss that may arise to you pursuant to such change or modification.
We reserve the right, but not the obligation, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
7. DISCLAIMER OF WARRANTY, EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement in relation to the products except only as provided in the warranty terms of a product as given by its manufacturer.
We do not warrant that the quality of any Product, information, or other material purchased or obtained by You will meet Your expectations, or that any issues with the Product will be resolved by Us.
In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Platform, or for any other claim related in any way to Your use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use the Platform or any Content (or service) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the price received by us against the products sold.
Company shall not be responsible for dealing with any damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight. The responsibility for communicating, managing and arranging for damage, loss, cancellation, postponement, change or delay is not expressly governed by these Terms and the Company is not liable either monetarily or otherwise to the Buyer, for such damage, loss, cancellation, postponement, change or delay in delivery of the cargo or shipment or courier or mail or freight.
The Company, nor its affiliates nor any of their respective directors, officers, employees or agents shall be liable for any losses or damages resulting from (i) the hacking, tampering or other unauthorized/illegal access or use of the Company technologies, Buyer Account or the information contained therein, (ii) failure of any Transaction due to the reason attributed to (a) the participating banks whose credit or debits cards are being used by the Buyer for the Transaction and (b) any other third party service provider, (c) failure on part of payment gateways facilitating payments for a Transaction, (iv) any failure or deficiency in providing services to the Buyer or (v) any technology failure such as slow working of Platform, site crashes, uptime, downtime, failure of payment gateways, call center services.
Notwithstanding anything to the contrary contained anywhere in the Terms, to the fullest extent permitted under applicable law, we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform or the Content, in any manner. The maximum liability of the Company for any claim arising hereunder (whether in tort or contract or otherwise) will only be limited to the price received by us against the products sold.
We will not be liable for any failure and/or delay on our part in performing any obligation under these Terms, and/or for any loss, damages, costs, charges and expenses incurred that you suffered if such failure and/or delay shall result of or arising out of a Force Majeure Event.
8. PAYMENT
Prices of all the Products indicated are inclusive of applicable taxes, unless stated otherwise.
You shall be entitled to use a valid corporate card or any other payment cards, online banking facility or other payment instrument ("Virtual Payment Modes") to make a payment against any Transaction being effected at the Platform as per options offered by the Company on the Platform. We are not obliged to accept payment by any method not offered or authorized for you by the Company on the Platform. Upon initiation of a Transaction, the Company shall be entitled to receive the full payment for the Transaction from the Buyer in the Transaction Account unless otherwise agreed by the Company through other methods/ medium provided at the Platform.
You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by arrangement(s)/terms and conditions between you and the relevant banks and/or financial institutions, as the case may be. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/relating to the Virtual Payment Modes (including any fraudulent transaction). Notwithstanding anything contained in the Terms of Use, you agree to indemnify the Company for any liability arising in this regard, in accordance with the "Terms of Use."
Company will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any Transaction, resulting from you exceeding your pre set permissible payment limit under your credit/debit and/or any other payment cards and/or online banking accounts, as applicable or for any other reason.
The Company may, at our sole discretion, require further authorization from you, such as a telephone confirmation of your order and/or other related information.
All monies, fees, charges, and payments, amounts shall be made denominated in Indian Rupees and shall be subject to our Refund, Cancellation and Chargeback policy as set out at Annexure A herewith.
9. SHIPPING AND DELIVERY POLICY
Shipping and delivery of the Products shall be governed by the Shipping and Delivery Policy of the Company which is annexed as Annexure B herewith.
10. ONLINE PLATFORM TERMS
By agreeing to these Terms,
(i) You shall not Purchase Products or use the Platform/services for any illegal or unauthorized purpose;
(ii) You shall be responsible for checking the Content, Product/Service description and other related information before making any Purchase on the Platform. Further, You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
(iii) Any fraudulent use of this Platform, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered solely from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for fraudulent use of this Platform or for any other unlawful act or omission in breach of this Buyer Agreement;
(iv) In the event of any direct or indirect loss or damage (including reputational damage) suffered by the Company on account of the Content, the Company reserves the right to initiate legal proceedings against You for such damage;
(v) We will not be responsible for verifying any Content posted on the Platform. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at Your own risk;
(vi) You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
(vii) You shall be solely responsible for all activities undertaken through Your Buyer Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
(viii) You shall take all precautions and steps to ensure that that You are not mistaken or misrepresented with the Products offered at the Platform, and if required, You shall obtain satisfactory disclaimers/ clarifications to this effect from the Seller/Supplier;
(ix) You shall solely bear and be responsible for the payment of all taxes on the Products/Service purchased by You through the Platform, as applicable under applicable laws;
(xi) You shall not use (directly or indirectly) the Platform and other facilities of the Company in any manner or in furtherance of any activity, which constitutes a violation of (1) of these Terms; and (ii) a violation of any applicable law or regulation or which may cause the Company to be subject to investigation, prosecution or legal action;
(xii) You agree and acknowledge that all Transactions and payments related thereto-shall be subject to Company's Refund, Cancellation and Chargeback Policy. Also, You agree that Company's decision in respect of any cancelled Transaction, Chargeback Transaction, cancellation charges or refund of any Transaction or any cost shall be final and binding upon You;
(xii) You shall provide all information requested by Us for creation/ opening of Your Buyer Account and usage of the Platform; and
(xiii) You agree and acknowledge that We are entitled to verify, examine and process all the information/ Content shared by You with Us and We, at Our sole discretion, are entitled to delete, modify and tweak such information/ Content.
(xiv) You shall not directly or indirectly attempt to gain unauthorized access to the Platform, other users' account(s), computer systems and/or networks connected to the Platform through. hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to the user. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on this Platform.
(xv) You are prohibited from using the Platform:
(a) for any unlawful or fraudulent purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any local, international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
(d) to infringe upon or violate Our intellectual property rights;
(e) to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform, other Platforms, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Platform, other Platforms, or the internet;
A breach or violation of any of the Terms the Company reserves the right to immediately terminate your account. Furthermore, Company may report such breach/ violation to the law enforcement agencies and initiate legal action against the Buyer for breach of the Terms in accordance with applicable laws.
We reserve the right to refuse the access of the Platform to anyone (without assigning any reason), including You, at any time.
11. PERSONAL INFORMATION AND PRIVACY POLICY
Your submission of personal information such as registration details, Transaction details and debit/credit card information etc., is subject to and is governed by Our Privacy Policy. The collection, verification, audit and maintenance of correct and updated Buyer information is a continuous process and the Company reserves the right, at any time, to take steps necessary to ensure compliance with all relevant guidelines issued by the regulator.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order for a Transaction or initiated a Transaction).
We undertake no obligation to update, amend or clarify information in relation to the Service or on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Platform, should be taken to indicate that all information in the Service or on the Platform has been modified or updated.
13. COPYRIGHT AND TRADEMARK
You agree, confirm and undertake that:
(i) All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on this Platform ("IP") is owned by and/or licensed to Company or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise;"
(ii) No extracts of this Platform or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way;
(iii) Your use of this Platform does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Company, the Seller or any third party, whether implied or otherwise; and
(iv) Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Platform and/or the Contents.
14. OBJECTIONABLE MATERIAL
You understand that by using this Platform or any services provided on the Platform, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any service at Your sole risk and that to the fullest extent permitted under applicable law. The Company and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with Your actions including (i) actual or alleged breach of these Terms or the documents they incorporate by reference, or (ii) Your violation of any law or the rights of a third-party, or (iii) usage of the Platform, or (iv) information (including inter alia address provided on the Platform and the information provided for a Transaction) provided by You, or (v) any fraud, misconduct, negligence by You (vi) breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Terms (vii) 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 etc. This clause shall survive the expiry or termination of these Terms of Use.
16. MODIFICATION OF TERMS
We may at any time modify these Terms without any prior notification to You. The latest version of these Terms would always be available on the Platform. You are, therefore requested to regularly review the Terms of Use on the Platform. In the event the modified Terms is not acceptable to You, You should immediately discontinue using the Platform; if You continue to use the Platform You shall be deemed to have agreed to the modified Terms of use of this Platform.
17. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. TERMINATION
Your registration as a Buyer shall continue until terminated by You or the Platform/Company. We may terminate the Terms of Use at any time and may do so immediately even without notice, and accordingly deny you access to the Platform. Such termination will give us no any liability to bear. You may terminate the Terms of Use at any time by informing us in writing through our registered post, Vettofit (Pettofit Private Limited) #L-148, 5th Main Road, HSR Sector 6, HSR Layout, Bengaluru, Karnataka, Pin- 560102 or by emailing us to hello@vettofit.com that you no longer wish to be associated with this Platform, provided that you discontinue any further use of it.
Any termination of the Terms of Use will not cancel, extinguish or limit in any manner, your obligation to pay for any product already ordered from the Platform or affect any liability that may have arisen under the Terms of Use prior to the date of such termination. Upon termination you must promptly destroy all the materials downloaded or obtained from this Platform (including copies).
19. GOVERNING LAW AND DISPUTE RESOLUTION
The Terms shall be construed in accordance with the laws of India. All the dispute or difference. either in interpretation or otherwise, of any provision of the Terms of Use, shall be referred to a sole arbitrator who will be appointed by the Company and his decision shall be final and binding. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Delhi. The arbitration proceedings shall be in the English language.
Subject to the above, the courts at Bengaluru shall have exclusive jurisdiction in any proceedings arising out of or in connection with these Terms.
Notwithstanding anything to the contrary contained in the Terms, we reserve, at our sole discretion, our right to seek equitable remedies including by way of injunctive relief before any court of competent jurisdiction.
20. NO WAIVER
Our failure to act with respect to your breach of the Terms does not tantamount to a waiver of our right to act with respect to subsequent or similar breaches, unless we waived it through writing.
21. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the "Comments") shall be and remain our property and we shall exclusively own all intellectual property rights, titles and interests over the Comments and shall not be limited in any way in the use of the Comments, commercial or otherwise. We will be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any comments; or (iii) to respond to any comments. Our right to the Comments will survive any termination of these Terms.
We do not regularly review posted comments, but reserve the right to monitor and edit or remove any comments submitted to the Platform. You grant the Company the right to use your name that you submitted in connection with any comments. We take no responsibility and assume no liability for any comments you submitted or by any third party.
22. ENTIRE UNDERSTANDING
Unless otherwise specified herein, these Terms constitutes the entire agreement between You and the Company with respect to Platform/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Platform/services.
23. CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically or telephonically. We can communicate with You by e-mail, SMS, App notifications, browser notifications, chat platforms. telephone, or by posting notices on the Platform for various purposes including marketing, taking feedbacks of the services or Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically shall be legally binding on You.
ANNEXURE A – REFUND, CANCELLATION AND CHARGEBACK POLICY
Please Click Here to see the details of the policy.
ANNEXURE B - SHIPPING AND DELIVERY POLICY
1. Company's standard delivery time will be displayed on the Platform at the time of placing the order.
2. Company shall exercise reasonable endeavours to ensure that any Product ordered on the Platform is shipped within such timelines, subject to availability of the product(s). However, the Buyer understands and confirms that Company shall not be held responsible for any delay in shipment due to circumstances beyond the control of the Company and due to any lapses, the part of the Suppliers. Buyer will be solely responsible to provide correct and proper delivery information including addresses.
3. Company offers free shipping on orders above the defined Minimum Order value (MOV) in selected serviceable pin codes. Company reserves its right to change the minimum Order value (MOV) or standard shipping charges from time to time without giving any advance notice to the Buyer. Shipping charges will be displayed at the time of placing the order and upon the Buyer confirms and agrees to the shipping charges while placing orders on "vettofit.com."
4. In case a Buyer books an order for multiple products in one transaction, Company would endeavour to ship all Products together. However, this may not always be possible due to the Products characteristics and/or logistics issues.
5. Company reserves the rights to cancel, delay, or recall the order from delivery, if any fraud is suspected.
6. Company will make two (2) attempts to deliver the product/s ordered, after which the order will be cancelled and a notification to the same effect shall be sent to the customer. Company will refund the charged amount on the order/s after deducting the shipping charges, as per Company's policy.
7. Title to the Products and all the risks of losses will be passed to the Buyer upon the delivery of the Products.
8. Company shall have the right to refuse or cancel any orders Placed for products listed at an incorrect price, or containing any other incorrect information at any time before the dispatch of the products.
9. Company may not be in a position to accept certain orders for reasons, including limitations, on quantities available for purchase, or other problems identified by its internal department, in which case, Company reserves the right, at its sole discretion, to refuse or cancel such an order or any portion thereof. In each case, Company will provide notification to the Buyer and will process a refund in accordance with the Refund, Cancellation and Chargeback Policy where payment has been made by the Buyer.