By using the Services, you agree and state that:
- You form a binding contract with Petamiko
- You are not a person who is barred from receiving the Services under the laws of India or any other applicable jurisdiction
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
- You are 18 years of age or older, and that you have the right, authority and capacity to use the Digital Platform and the Services available through the Digital Platform, and agree to and abide by this Agreement. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Petamiko.
Some of the terms used in these Terms are defined as follows:
1.1. The term "Service" refers to the Services by Petamiko, including without limitation to Petamiko website (www.petamiko.com) the Petamiko service, or any applications (including mobile applications) made available by Petamiko, use of Petamiko's Web and Mobile Applications in their entirety and of online community, blog and forum.
1.2. The term "Digital Platform" refers to Petamiko's Website (www.petamiko.com), including all pages, sub pages and sub domains, including all information, content, products and services made available through the website. It shall also include the Mobile / Tablet applications with the name "Petamiko" or "Petamiko Vets".
1.3. "Petamiko", "We", "Us" or "Our" refers to PETAMIKO SERVICES PRIVATE LIMITED and all our Directors, Subsidiaries and Employees.
1.4. The term "User(s)" refers to any party whether a person, company or firm who visits and/or registers itself on the Digital Platform and/or Service.
1.5. The term "Vet Consultants" refers to Veterinary medical or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Petamiko Platform, including designated, authorized associates of such Vet Consultants or institutions ("Vet Consultants", "you" or "User"); or
1.6. The term "Pet" refer to any non-human animal, whether domestic/tamed or otherwise.
1.7. The term "Clients" refer to any Person, who wants to avail the services of Petamiko for their own Pet or any other animals.
1.8. The term "Vet Consultancy Services" refer to services provided by Vet Consultants on Petamiko.
1.9. The term "Content" refers to any Content displayed on Petamiko 's Website and Mobile Application including without limitation to any information, text, data, graphics, videos, art, sound, design and any other material.
1.10. The term "User Generated Content" refers to any content created, posted or published by Users on Petamiko 's Website and Mobile Application and/or Service.
1.11. The term "Vendors" refers to the sellers who have listed their products on the Digital Platform to sell to the Users.
2. ABOUT PETAMIKO
Petamiko is a tech driven interactive platform for Individuals who are Pet owners or Pet Lovers to have every Pet solution they need, on a single platform whether it's about finding the right match for your pet (for dating or mating purpose), pet adoption, veterinarian care, setting schedules for pets, or discussing anything related to pets.
3. NATURE AND APPLICABILITY OF TERMS
3.2. The Agreement applies to you whether you are –
3.2.1. A Vet consultant
3.2.2. An Individual owning a pet and using our services
3.2.3. Otherwise a user of the Digital Platform
3.3. This Agreement applies to all Services made available by Petamiko on the Digital Platform, which are offered to the Users including the following:
3.3.1. For Vet Consultants: Listing of Vet Consultants and their profiles, to be made available to the other Users and visitors to the Digital Platform, maintaining health records of Pet, arranging consultation by audio-video modes, publishing articles on Petamiko Blogs;
3.3.2. For other Users: Facility to (i) create and maintain 'Health Accounts of their Pets', (ii) search for Vet Consultants and to make appointments with them (iii) Pet adoption (iv) finding suitable match for Pet mating (v) maintain pet schedule (vi) buying Pet food/accessories
3.4. The Services may change from time to time, at the sole discretion of Petamiko, and the Agreement will apply to your visit to and your use of the Digital Platform to avail the Service, as well as to all information provided by you on the Digital Platform at any given point in time.
3.5. This Agreement defines the terms and conditions under which you are allowed to use the Digital Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
3.7. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Digital Platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
3.8. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Digital Platform or avail any Services.
3.9. Your access to use of the Digital Platform and the Services will be solely at the discretion of Petamiko.
3.10. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
3.10.1. the Indian Contract Act, 1872,
3.10.2. the (Indian) Information Technology Act, 2000, and
3.10.3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian)Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules")
4.1. Petamiko provides a platform for Clients to get consultancy through qualified Vet consultants. However, it is not a Veterinary Consultant itself and does not offer any medical solutions and recommendations or referrals. Vet consultants are not the employees or agents of Petamiko. Petamiko cannot be held liable for the actions or omissions of Vet consultants performing services for you
4.2. Petamiko provides a platform to connect individuals seeking Pets with various pet owners who are looking for adopters of their pets and, it itself is not a Pet adoption center.
4.3. Petamiko merely makes the Services available to enable individuals and Pet owners to find and transact directly with each other for Pet adoption. Petamiko does not introduce pet owners with individuals. Through the Services, Pet Owners may be notified of Individuals looking for Pet adoption, and Individuals may be notified of Pet Owners looking for adopters; at all times, however, Users are responsible for evaluating and determining the suitability of Pet adoption.
4.4. Petamiko also provides a platform to connect pet owners who are looking for dating /mating partners for their Pets. You understand and acknowledge that Petamiko merely makes the Services available to enable Pet owners to find and transact directly with each other for this purpose. Petamiko does not introduce pet owners with other.
4.5. You are advised to take necessary checks for assuring the health and breed for pet adoption or mating/dating purpose. Petamiko does not guarantee the health and breed of pets offered by the Pet Owners for this purpose.
4.6. You can maintain the schedule for your Pets to set reminders for various pet care activities such as vaccination date, grooming session, vet visit, playtime, medication time, exercise routine, and many more. You will get a reminder whenever an activity needs to be performed. However, Petamiko is not liable if, for any reason, reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Petamiko app.
4.7. Petamiko merely connects and shows options to Users for other individuals, pet owners, vendors, Vet consultants, etc. and it is at the discretion of User to connect and deal with them.
4.8. We do not intentionally endorse any Pet owners on our platform. We have programmed algorithms that apply in all fairness to select Pet owners for your Service. We put our efficiency to verify Pet owners registering on Petamiko through a tough screening process. However, we do not warranty, guarantee or represent any inability, incompetency, quality or qualifications of/for any Pet owners.
4.9. Petamiko do not guarantee results. We hope and wish that the Service you're seeking is accomplished or completed in all aspects but we do not guarantee results. We do not take liability of any opinion, advise, consultation, work, performed by Vet consultants to provide the respective service. We do not take responsibility or liability of any user generated content in form of testimonials, feedbacks guaranteeing results on our platforms.
4.10. You acknowledge, agree, and understand that Petamiko is not a party to the relationship or any dealings between the Users. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) negotiating, agreeing to, and executing any terms or conditions of Contracts. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Contract with another User or not.
4.11. Users are advised to follow the safety guidelines available at https://petamiko.com/safety-guidelines.html . However, We make no representations about and does not guarantee, and you agree not to hold Petamiko responsible for, the safety, legality, the qualifications, background, or identities of its Users. You are advised to make necessary checks and enquires at your end before getting in contact with other Users.
4.12. Releases against Risks and Liability
4.12.1. You understand, acknowledge and agree that engaging in Petamiko or meeting other pet owners involves risks such as the risk of property damage, serious injury and possible death. There are various significant risks involved in all aspects of interactions with pets. These risks include, but are not limited to: bites (that may result in serious injury or even death), disease (such as rabies), injury or death due to negligence on the part of you or other pet owners or people around you, strains and sprains, etc. You know that any of the above mentioned risks may result in serious injury or death to you or those around you. With a complete knowledge of the risks associated with using Petamiko, you expressly assume those risks and release Petamiko from and against any liability.
4.12.2. In consideration of the above mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily participating in Petamiko, you hereby release and forever discharge Petamiko and its members and agree not to sue them on account of or in conjunction with any liability, claims, causes of actions, injuries, damage, costs or expenses that are related to, arise out of or are in any way connected with your participation in Petamiko and related activities.
4.12.3. By using the Petamiko app, you willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death, including your own that may result from participation in Petamiko.
5. SPECIFIC TERMS FOR VET CONSULTATION
5.1. Petamiko's relevance algorithm for the Vet Consultants is a fully automated system that lists the Vet Consultants, their profile and information regarding their Practice on its Digital Platform. These listings of Vet Consultants do not represent any fixed objective ranking or endorsement by Petamiko. Petamiko will not be liable for any change in the relevance of the Vet Consultants on search results, which may take place from time to time. The listing of Vet Consultants will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Petamiko in no event will be held responsible for the accuracy and the relevancy of the listing order of the Vet Consultants on the Digital Platform.
5.2. Petamiko collects, directly or indirectly, and displays on the Digital Platform, relevant information regarding the profile and practice of the Vet Consultants listed on the Digital Platform, such as their specialization, qualification, fees, location, visiting hours, and similar details. Petamiko takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Petamiko screens and vets the information and photos submitted by the Vet Consultants, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
5.3. Petamiko enables Users to connect with Vet Consultants through two methods: a) Book facility that allows Users to book an appointment through the Services; b) Video calling facility which connect Users directly to the Vet Consultants for consultancy over audio visual means.
5.4. Incase of Offline appointments booked through our Services, Petamiko will ensure that Users are provided confirmed appointment on the Book facility. However, Petamiko has no liability if such an appointment is later cancelled by the Vet Consultant, or the same Vet Consultant is not available for appointment.
5.5. Also, incase of Consultancy through Video calling facility offered by our Digital Platform, Petamiko will ensure that Users are provided confirmed appointment on the Book facility. To ensure smooth and effective operations, this facility shall be guided by the Vet Consultation booking Policy available at https://petamiko.com/booking-policy.html
5.7. The results of any search Users perform on the Digital Platform for Vet Consultants should not be construed as an endorsement by Petamiko of any such particular Vet Consultant. If the User decides to engage with a Vet Consultant to seek medical services, the User shall be doing so at his/her own risk.
5.8. Without prejudice to the generality of the above, Petamiko is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Vet Consultant. User understands and agrees that Petamiko will not be liable for
5.8.1. User interactions and associated issues User has with the Vet Consultant;
5.8.2. the ability or intent of the Vet Consultant(s) or the lack of it, in fulfilling their obligations towards Users;
5.8.3. any wrong medication or quality of treatment being given by the Vet Consultant(s), or any medical negligence on part of the Vet Consultant(s);
5.8.4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User or the Pet due to a failure on the part of the Vet Consultant to provide agreed Services;
5.8.5. any misconduct or inappropriate behavior by the Vet Consultant or the Vet Consultant's staff;
5.9. Users are allowed to provide feedback about their experiences with the Vet Consultant, however, the User shall ensure that, the same is provided in accordance with applicable law. User, however understands that, Petamiko shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Vet Consultant from the Digital Platform.
5.10. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If User is facing a medical emergency for his/her pet or for any other animals, please contact the nearest veterinary hospital.
6. PETAMIKO BLOG CONTENT[A1]
6.1. These terms & conditions governing Petamiko Blogs content are applicable to all Users (being both, end-users/Vet Consultant). However, it is clarified that the terms and conditions herein applicable only to Vet Consultants and applicable to Users are called out separately, as the context warrants.
6.2. Petamiko Blog is an online content platform available on the Digital Platform, wherein Vet Consultants who have created a Petamiko profile can login and post health and wellness related content.
6.3. Vet Consultants can use Petamiko Blogs by logging in from their user account, creating original content comprising text, audio, video, images, data or any combination of the same ("Content"), and uploading said Content to Petamiko's servers. Petamiko will make available to the User a gallery of images licensed by Petamiko from a third party stock image provider ("Petamiko Gallery")
6.4. The User can upload their own images or choose an image from the Petamiko Gallery. Petamiko does not provide any warranty as to the ownership of the intellectual property in the Petamiko Gallery and the User acknowledges that the User will use the images from the Petamiko Gallery at their own risk. Petamiko shall post such Content to Petamiko Blog at its own option and subject to these Terms and Conditions. If required, Petamiko may make changes to the Content created by User to be in conformity with these Terms and Conditions and Petamiko Standards, keeping in mind that the core of the Content is not altered.
6.5. The Content uploaded via Petamiko Blog does not constitute medical advice and may not be construed as such by any person.
6.6. Vet Consultants acknowledges that they are the original authors and creators of any Content uploaded by them via Petamiko Blog and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Petamiko reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Vet Consultant agrees to absolve Petamiko from and indemnify Petamiko against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Vet Consultant's uploading of any Content on the Petamiko Blog. The Vet Consultant may not use the images in the Petamiko Gallery for any purpose other than those directly related to the creation and uploading of Content to Petamiko Blog. The Vet Consultant also agrees to absolve Petamiko from and indemnify Petamiko against all claims that may arise as a result of any third-party intellectual property claim if the Vet Consultant downloads, copies or otherwise utilizes an image from the Petamiko Gallery for his/her personal or commercial gain.
6.7. Vet Consultant hereby assigns to Petamiko, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Petamiko Blog.
6.8. Petamiko shall have the right to edit or remove the Content and any comments in such manner as it may deem Petamiko Blog at any time.
6.10. Vet Consultant shall ensure that no portion of the Content is violative of any law for the time being in force.
6.11. Vet Consultant [A2] shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Vet Consultant shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
6.12. User may also use Petamiko Blog in order to view original content created by Vet Consultants and to create and upload comments on such Content, where allowed ("User Comment")
6.13. User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Petamiko.
6.14. User agrees that the Content they access on Petamiko Blog does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User's interpretation of the Content, is solely attributable to the User. The User agrees to absolve Petamiko from and indemnify Petamiko against all claims that may arise as a result of the User's actions resulting from the User's viewing of Content on Petamiko Blog.
6.15. User acknowledges that all intellectual property rights in the User Comment on Petamiko Blogs vests with Petamiko. The User agrees not to infringe upon Petamiko's intellectual property by copying or plagiarizing content on Petamiko Blog. Petamiko reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Petamiko. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Petamiko reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Petamiko from and indemnify Petamiko against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
6.16. User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person's privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Petamiko reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Petamiko from and indemnify Petamiko against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
6.17. User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Vet Consultant shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
7.1. Petamiko may provide End-Users with a facility known as 'Records' on its mobile application 'Petamiko'. Information available in your Records is of two types:
7.1.1. Pet information – Information regarding pet profile (breed, age, gender, etc.), health records
7.1.2. User-information - Information regarding User profile (Name, age, contact details, gender, etc.) and User activity (appointments booked, medicines ordered, ect.)
7.2. Records on Petamiko can be created in following ways:
7.2.1. User-created: Information uploaded by you (about you and your pet) or information generated during your interaction with Petamiko ecosystem, eg: Previous Health records, appointment, medicine order placed by you.
7.2.2. Consultancy-created: Health Records generated by your interaction with a Vet Consultant.
7.3. Your Records is only created after you have signed up and explicitly accepted these Terms.
7.4. Any Consultancy created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Vet Consultant and Petamiko does not validate the said information and makes no representation in connection therewith. You should contact the relevant Vet Consultant in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
7.5. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Petamiko is not liable for any interruption that may be caused to your access of the Services.
7.6. Petamiko may provide reminders for various activities / medicines prescribed by your Vet Consultant. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Vet Consultant. In the event of any medicine reminders provided by Petamiko, you should refer to your prescription before taking any medicines. Petamiko is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Petamiko app.
7.7. It is the User's responsibility to keep their correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Petamiko is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Petamiko.
7.8. Petamiko uses industry–level security and encryption to your Pets' Health Records. However, Petamiko does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Petamiko of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account email@example.com
7.10. You may lose your "User created" record, if the data is not synced with the server.
7.11. If the Health Record is unassessed for a stipulated time, you may not be able to access your Pets' Health Records due to security reasons.
7.12. Petamiko is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
7.13. Petamiko is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Pets' Health Records whatsoever. Your Vet Consultant is solely responsible and liable for your Pets' Health Records and any information provided to us including but not limited to the content in them.
7.14. Petamiko has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
7.15. Petamiko will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
7.16. You agree and acknowledge that Petamiko may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records
7.17. You acknowledge that the Vet Consultants you are visiting may engage Petamiko's software or third party software for the purposes of the functioning of the Vet Consultant's business and Petamiko's services including but not limited to the usage and for storage of Records (as defined in Section 4) in India and outside India, in accordance with the applicable laws.
7.18. To the extent that your Records have been shared with Petamiko or stored on any of the Petamiko products used by Vet Consultant's you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Petamiko pertaining to such previously visited clinics and hospitals who have tie ups with Petamiko for the purposes of their business and for Petamiko's services including but not limited to the usage and for storage of Records (as defined in Clause 4) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Petamiko, to the mapping of such Records as may be available in Petamiko's database to your User account.
The terms in this Clause are applicable only to Vet Consultants.
8.1. LISTING POLICY
8.1.1. Petamiko, directly and indirectly, collects information regarding the Vet Consultants' profiles, contact details, and practice. Petamiko reserves the right to take down any Vet Consultant's profile as well as the right to display the profile of the Vet Consultants, with or without notice to the concerned Vet Consultant. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Digital Platform in connection with you and your profile is found to be incorrect, you are required to inform Petamiko immediately to enable Petamiko to make the necessary amendments.
8.1.2. Petamiko shall not be liable and responsible for the ranking of the Vet Consultants on external websites and search engines.
8.1.4. Petamiko reserves the right to moderate the suggestions made by the Vet Consultants through feedback and the right to remove any abusive or inappropriate or promotional content added on the Digital Platform. However, Petamiko shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Vet Consultants are added to the Digital Platform.
8.1.5. Vet Consultants explicitly agree that Petamiko reserves the right to publish the Content provided by Vet Consultants to a third party including content platforms.
8.1.6. You as a Vet Consultant hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Petamiko accepts no liability for the same.
8.2. PROFILE OWNERSHIP AND EDITING RIGHTS
Petamiko ensures easy access to the Vet Consultants by providing a tool to update your profile information. Petamiko reserves the right of ownership of all the Vet Consultant's profile and photographs and to moderate the changes or updates requested by Vet Consultants. However, Petamiko takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Petamiko's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of abreach of the foregoing representation, Petamiko may modify or delete parts of your profile information at its sole discretion with or without notice to you.
8.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PETAMIKO
8.3.1. Petamiko reserves the right to collect feedback and Critical Content for all the Vet Consultants, Clinics and animal healthcare providers listed on the Digital Platform.
8.3.2. Petamiko shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
8.3.3. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Petamiko shall not be liable for any effect on Vet Consultant's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Petamiko however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 8 and 6 of these Terms.
8.3.5. If Petamiko determines that you have provided inaccurate information or enabled fraudulent feedback, Petamiko reserves the right to immediately suspend any of your accounts with Petamiko and makes such declaration on the Digital Platform alongside your name/your clinics name as determined by Petamiko for the protection of its business and in the interests of Users.
8.4. RELEVANCE ALGORITHM
Petamiko has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Vet Consultants. Petamiko shall not be liable for any effect on the Vet Consultant's business interests due to the change in the Relevance Algorithm.
8.5. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Petamiko.
8.6. BOOK APPOINTMENT AND CALL FACILITY
8.6.1. As a valuable partner on our platform we want to ensure that the Vet Consultants experience on the Petamiko booking platform is beneficial to both, Vet Consultants and their Users.
8.6.2. For all terms and conditions of Book facility on Petamiko. Please check or Vet consultation Booking Policy at https://petamiko.com/booking-policy.html
8.6.3. Vet Consultant understands that, Petamiko shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Vet Consultant. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Petamiko.
8.7. VET CONSULTANT UNDERTAKING
The Vet Consultant is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, to non-human animals as per applicable laws/regulations/guidelines set out by competent authorities and the Vet Consultant shall not be part of any arrangement which will prohibit him/her from practicing medicine (to non-human animals) within the territory of India. The Vet Consultant shall at all times ensure that all the applicable laws that govern the Vet Consultant shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
8.8. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Petamiko to Vet Consultant, Vet Consultant shall (subject to its reasonable right to review and approve): (a) allow Petamiko to include a brief description of the services provided to Vet Consultant in Petamiko's marketing, promotional and advertising materials; (b) allow Petamiko to make reference to Vet Consultant in case studies, and related marketing materials; (c) serve as a reference to Petamiko's existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases;(e) make presentations at conferences; and/or (f) use the Vet Consultant's name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
9. SPECIFIC TERMS FOR E-COMMERCE
9.1. The images of the items on the Digital Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.
9.2. We ensure that all details of prices appearing on the Digital Platform are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The products available on the Digital Platform are for retail sales, intended for end user consumption and is in no away available for resale.
9.3. Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes GST (or similar sales tax) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the Digital Platform are only applicable for items purchased on the Digital Platform and not through any other source.
9.4. You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
9.5. If the product is defective, damaged or if you receive the wrong product you can return them to us. For more information on Returns and Refund, please refer to our Return Policy
9.6. You shall not use our products for any illegal or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
10.1. As mandated by Regulation 3(2) of the IG Rules, Petamiko hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
10.1.1. belongs to another person and to which the User does not have any right to;
10.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
10.1.3. harm minors in any way;
10.1.4. infringes any patent, trademark, copyright or other proprietary rights;
10.1.5. violates any law for the time being in force;
10.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
10.1.7. impersonate another person;
10.1.8. contains software viruses or any other computer code, files or programs designed to interrupt ,destroy or limit the functionality of any computer resource;
10.1.9. 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.
10.2. Users are also prohibited from:
10.3. violating or attempting to violate the integrity or security of the Digital Platform and/or Service or any Petamiko Content;
10.4. transmitting any information (including job posts, messages and hyperlinks) on or through the Digital Platform and/or Service that is disruptive or competitive to the provision of Services by Petamiko;
10.5. intentionally submitting on the Digital Platform and/or Service any incomplete, false or inaccurate information;
10.6. making any unsolicited communications to other Users;
10.7. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Digital Platform and/or Service;
10.8. attempting to decipher, decompile, disassemble or reverse engineer any part of the Digital Platform and/or Service;
10.9. copying or duplicating in any manner any of the Petamiko Content or other information available from the Digital Platform and/or Service;
10.10. framing or hot linking or deep linking any Petamiko Content.
10.11. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
10.12. Petamiko, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 9.1 and 9.2. Petamiko shall also be entitled to preserve such information and associated records for at least 90(ninety) days for production to governmental authorities for investigation purposes.
10.14. Petamiko may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Petamiko to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Petamiko as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Petamiko or any person on its behalf and the User or where the User has consented to data transfer.
10.15. Petamiko respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
11. THIRD PARTY ADVERTISEMENTS
11.1.1. Petamiko reserves the rights to display sponsored ads on the Digital Platform. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, Petamiko will not be liable for the accuracy of information or the claims made in the Sponsored ads. Petamiko does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Petamiko will not be liable for the services of the providers of the Sponsored ads.
11.1.2. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Petamiko accepts no liability for the same.
12. REVIEWS AND FEEDBACK
12.2. User is solely responsible for the content that he/she chooses to submit for publication on the Digital Platform, including any feedback, ratings, or reviews ("Critical Content") relating to Vet Consultants or other healthcare professionals. The role of Petamiko in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Petamiko disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Petamiko shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
12.3. User's publication of reviews and feedback on the Digital Platform is governed by Clause 6 of these Terms. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Digital Platform that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b)violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Petamiko, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 6 of these Terms. You agree that Petamiko may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
12.3.1. Obtaining feedback in relation to Digital Platform or Petamiko's services; and/or
12.3.2. Obtaining feedback in relation to any Vet Consultants listed on the Digital Platform; and/or
12.3.3. Resolving any complaints, information, or queries by Vet Consultants regarding your Critical Content;
12.4. and you agree to provide your fullest co-operation further to such communication by Petamiko. Petamiko's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
13.1. Petamiko reserves the right to suspend or terminate a User's access to the Digital Platform and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement;
13.2. A third party reports violation of any of its right as a result of your use of the Services;
13.3. Petamiko is unable to verify or authenticate any information provide to Petamiko by a User;
13.4. Petamiko has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
13.5. Petamiko believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Petamiko or are contrary to the interests of the Digital Platform/Services.
13.6. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Digital Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Digital Platform/Services by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
14. LIMITATION OF LIABILITY
14.1. The Services provided by Petamiko or any of its licensors or service providers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Petamiko does not provide or make any representation, warranty or guarantee, express or implied about the Digital Platform or the Services. Petamiko does not guarantee the accuracy or completeness of any content or information provided by Users on the Digital Platform. To the fullest extent permitted by law, Petamiko disclaims all liability arising out of the User's use or reliance upon the Digital Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Digital Platform, or any opinion or suggestion given or expressed by Petamiko or any User in relation to any User or services provided by such User.
14.2. The Digital Platform may be linked to the website of third parties, affiliates and business partners. Petamiko has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Digital Platform. Inclusion of any link on the Digital Platform does not imply that Petamiko endorses the linked site. User may use the links and these services at User's own risk.
14.3. Petamiko assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Digital Platform or the downloading of any material, data, text, images, video content, or audio content from the Digital Platform. If a User is dissatisfied with the Digital Platform, User's sole remedy is to discontinue using the Digital Platform.
14.4. If Petamiko determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Petamiko reserves the right to immediately suspend your access to the Digital Platform or any of your accounts with Petamiko and makes such declaration on the Digital Platform alongside your name/your clinic's name as determined by Petamiko for the protection of its business and in the interests of Users. You shall be liable to indemnify Petamiko for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Petamiko or its Users.
14.5. In no event, including but not limited to negligence, shall Petamiko, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Digital Platform or the content, materials and functions related thereto, the Services, User's provision of information via the Digital Platform, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
14.5.1. provision of or failure to provide all or any service by Vet Consultants to End- Users contacted or managed through the Digital Platform;
14.5.2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Digital Platform;
14.5.3. any unauthorized access to or alteration of your transmissions or data; or
14.5.4. any other matter relating to the Digital Platform or the Service.
14.6. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Digital Platform or the Services exceed, in the aggregate Rs. 1000/-(Rupees One Thousand Only).
15. RETENTION AND REMOVAL
15.1. Petamiko may retain such information collected from Users from its Digital Platform or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
16. APPLICABLE LAW AND DISPUTE SETTLEMENT
16.1. You agree that this Agreement and any contractual obligation between Petamiko and User will be governed by the laws of India.
16.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Digital Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Petamiko. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
16.3. Subject to the above Clause 10.2, the courts at Ahmedabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Digital Platform or the Services or the information to which it gives access.
17. CONTACT INFORMATION GRIEVANCE OFFICER
17.1. If a User has any questions concerning Petamiko, the Digital Platform, this Agreement, the Services, or anything related to any of the foregoing, Petamiko customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.petamiko.com/contact-us.html
17.2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Digital Platform or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
B-804, Titanium Square, Patel Society, Jai Ambe Nagar, Thaltej, Ahmedabad, Gujarat 380054
16.3. In the event you suffer as a result of access or usage of our Digital Platform by any person in violation of Rule3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall been forceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Petamiko. Any consent by Petamiko to, or a waiver by Petamiko of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.