Terms of Use
Last Updated Date: July 11, 2024
These terms and conditions ("Terms") and our Privacy Policy (available at [https://epettyshop.com/]) collectively form the "User Agreement." This electronic record is created under the Information Technology Act, 2000, and its applicable rules, as amended.
This User Agreement is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, requiring the publication of rules, regulations, privacy policies, and terms and conditions for accessing or using the website epettyshop.com, including URLs created for each Merchant (collectively referred to as the "Platform"). ePettyshop is operated by a company incorporated under the laws of India, with its registered office at: 1G, Sellandiyamman Kovil Ubasanthu 2, Namakkal-637001, Tamil Nadu.
General Terms and Conditions
1. Definitions:
For the purposes of these Terms, ‘User’ or ‘You’ (including any variations) refers to any individual or entity (including heirs, administrators, or successors) who accesses or uses the Platform. If You are using the Platform or Services (as defined below) on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. Unless otherwise specified, “ePettyshop”, “We”, “Us”, “Our”, or “Company” refers to ePettyshop and its affiliates or licensees, both present and future.
2. Platform Services:
ePettyshop facilitates transactions on its Platform between users and a variety of merchants, including but not limited to:
Food and beverage providers,
Grocery stores,
Consumer goods retailers,
Other service providers.
Users ("Buyers") can browse, select, and order products or services listed by various merchants ("Sellers") on the Platform.
3. Acceptance of Terms:
These Terms, along with any policies referenced or included herein (collectively, “Policies”), govern your use of the Platform and its Services. By accessing, registering, or using the Platform, You agree to comply with and be bound by these Terms. If You do not agree with these Terms, please do not use the Platform.
4. Binding Agreement:
The User Agreement becomes effective and binding upon your acceptance. Acceptance occurs when You provide the requested information during registration, access the Platform, or use any of its Services. If You do not agree to the User Agreement and Our Policies, please do not register, access, or use the Platform.
5. Usage Guidelines:
Your use of the Platform and the Services is subject to these Terms, including any rules, regulations, policies, and notices that are incorporated by reference or published on the Platform. It is important to read these Terms carefully before using the Platform or Services.
6. Professional Advice:
The content on the Platform is provided for general information purposes only and is not intended as professional advice. You should seek appropriate professional or specialist advice before acting on any content provided on the Platform.
Definitions
Affiliate: refers to any entity that directly or indirectly controls, is controlled by, or is under common control with epettyshop. "Control" means the ability, whether through ownership of voting rights, board representation, or otherwise, to direct or influence the management and policies of another entity.
Authority: encompasses any governmental, statutory, administrative, judicial, regulatory, or self-regulating body having jurisdiction over relevant matters.
Information: includes any confidential and/or personally identifiable data or other details provided to epettyshop or fellow users during registration or through communication features on the platform. This may comprise names, genders, ages, email addresses, mailing addresses, phone numbers (if provided), or other personal information.
Internal Service Provider: denotes logistical or backend service providers appointed by epettyshop to support various operational needs of the platform. These services may include, but are not limited to, search technology, discussion boards, payment processing, affiliate programs, maintenance services, and database management.
Law: encompasses all statutes, enactments, acts of legislature, ordinances, rules, regulations, notifications, guidelines, policies, directives, and orders issued by any governmental or regulatory authority.
Losses: includes, without limitation, financial losses, liabilities, legal actions, suits, claims, proceedings, costs, damages, penalties, judgments, settlement amounts, and expenses.
Pay Facility: refers to the automated electronic payment or collection and remittance system provided by epettyshop to facilitate payments for paid services on the platform. This may involve direct transactions via banks or financial institution infrastructure, or indirectly through authorized payment gateway providers as per applicable regulations.
Person: encompasses individuals, legal entities, companies, corporations, partnership firms, associations, Hindu undivided families, trusts, societies, limited liability partnerships, or proprietorships, whether incorporated or unincorporated.
Policies: includes the Privacy Policy and any other guidelines or terms established by epettyshop as amended and made available on the platform or communicated to users through other means.
Services: refers to the specific services provided by epettyshop on its platform, as notified from time to time. This includes acting as an intermediary or facilitator for enabling users to sell products or services online in accordance with applicable laws and regulations.
User(s): denotes individuals who utilize the platform operated by epettyshop for various purposes.
Amendment
1. Right to Amend:
ePettyshop reserves the right to modify the Platform and/or alter these Terms and Policies at any time. We also retain the right to deny access to the Platform, terminate memberships, and delete accounts of users who are found to be in violation of the User Agreement.
2. Notification of Changes:
Any amendments to the User Agreement or Policies will be communicated through public links on the Platform. By accessing, browsing, or using the Platform, You agree that such publication constitutes sufficient notice of any changes. The revised Terms will take effect immediately upon being published on the Platform.
3. Effective Date of Changes:
The revised version of the Terms or Policies shall be effective from the time they are published on the Platform. ePettyshop is not obligated to provide prior notice to Users for any amendments that may diminish the User’s existing rights or impose additional obligations, as determined by the Company at its sole discretion.
4. User Acceptance:
By continuing to access or use the Platform after changes have been made, You accept and agree to the updated Terms and Policies. If You do not agree with the modifications, You should discontinue use of the Platform and Services.
Registration and Profile Creation
1. User Registration:
To access our Services, You must register on the Platform by creating a username and password or using email verification, and providing necessary details.
2. Account Security:
You are solely responsible for maintaining the confidentiality of your login details (username, password, and any user code). ePettyshop will grant access to anyone using your login details as if it were You, and You are accountable for all activities under your account.
3. Unauthorized Access:
Notify ePettyshop immediately if You suspect any unauthorized use of your account. Although ePettyshop and its personnel are not liable for any losses from unauthorized access, You are responsible for any losses incurred by the Company or others due to such access.
4. Permitted Use:
By registering, You agree to use the Platform solely for legally running your business online. Any other use of the Platform is prohibited.
User Information
1. Accurate Information:
You agree to provide true, accurate, up-to-date, and complete information when signing up or whenever requested on the Platform. This includes all information deemed "personal" or "sensitive" by applicable laws, which you provide voluntarily.
2. Device and Software Requirements:
Using our Services requires certain devices, software, and data connections, which we do not supply. You consent to downloading and installing updates to our Services, including automatic updates. You are responsible for any carrier data plans, fees, and taxes associated with using our Services. Refunds are not provided except as required by law.
3. Authenticity and Updates:
ePettyshop is not responsible for the authenticity of the personal information you provide. You must not misrepresent your identity or use another person's identity. Keep your information current, accurate, and complete. If the information is found to be untrue or misleading, ePettyshop may suspend or terminate your access to the Platform.
4. Liability and Indemnity:
You are responsible for any damages or losses resulting from inaccurate or misleading information you provide. You agree to indemnify and hold harmless ePettyshop and its personnel against any claims arising from such information.
5. Access Permissions:
By signing up, you grant the Platform access to your mobile device to find and track other Users' phone numbers, your location, storage, internet access, and other necessary data or information.
6. Eligibility:
You must be at least 18 years old and capable of forming legally binding contracts under the Indian Contract Act, 1872. Providing accurate information, including your age, is your responsibility. ePettyshop is not liable for any false information provided by Users.
Electronic Communication
1. Stay Informed:
You agree to stay updated with all data, information, and communications related to your account on the Platform provided by ePettyshop. This includes electronic records and communications sent via emails and/or SMS, which are considered sufficient for notice or electronic record purposes.
2. Communication Channels:
You consent to receive communications from ePettyshop through electronic means, including emails and SMS. These communications may include service announcements, administrative messages, and promotional information, unless you have opted out.
3. Charges and Opt-Out:
You may incur charges for accessing these communications, such as text messaging fees. Certain communications, such as service announcements, are integral to the Services and cannot be opted out of. If you change or deactivate your phone number, it is your responsibility to update your account information to prevent communication to the wrong number.
General Terms
1. Buyer-Merchant Relationship:
All commercial terms (including price, taxes, shipping, payment terms, delivery details, warranties, and after-sales services) are agreed upon solely between Buyers and Merchants. ePettyshop does not control or determine these terms, but may assist Merchants with order fulfillment, logistics, and payment services.
2. Merchant Responsibility:
Merchants are solely responsible for determining the prices of their products/services listed on the Platform. ePettyshop does not guarantee the accuracy or legitimacy of Merchant offers or promotions.
3. Marketplace Facilitation:
ePettyshop operates as an online marketplace facilitator. We do not take possession of, or have any interest in, the products/services offered by Merchants. The contract for sale is strictly between the Buyer and Merchant.
4. Complaints and Disputes:
In case of Buyer complaints regarding products/services, ePettyshop will notify the Merchant and assist in providing relevant information for resolution. Merchants are responsible for addressing Buyer complaints and providing customer support.
Merchant Terms
1. Product Listings and Compliance:
Merchants may list products/services on the Platform but must not sell banned or prohibited items. Listings must accurately describe products/services and be placed in appropriate categories. Offline solicitation with Buyers is prohibited.
2. Accuracy and Refunds:
Product descriptions, images, and content must accurately represent the product/service. Merchants agree to refund Buyers if the product/service does not match its description.
3. Platform Usage:
Merchants must not misuse the Platform or violate the User Agreement. ePettyshop may suspend or permanently restrict access to the Platform for such violations.
User Obligations
By using the ePettyshop Platform, you agree to adhere strictly to the following principles:
1. Content Guidelines:
You must not host, display, upload, download, modify, publish, transmit, update, or share any information that:
Belongs to another person without authorization.
Is harmful, harassing, defamatory, obscene, pornographic, or otherwise unlawful.
Misleads or misrepresents any aspect.
Is offensive or promotes illegal activities, including spamming or harassment.
2. Prohibited Activities:
You must not engage in activities that:
Violate intellectual property rights or infringe upon privacy.
Promote illegal goods or services, gambling, or unauthorized sales.
Interfere with the Platform’s operation or other users’ enjoyment.
Threaten national security, public order, or violate any laws.
3. Compliance and Responsibilities:
You are responsible for:
Compliance with applicable laws and regulations.
Providing accurate and lawful information.
Notifying ePettyshop promptly of any violations or suspicious activities.
4. Platform Use:
You agree not to:
Use automated tools to access or monitor the Platform.
Attempt unauthorized access or probe system vulnerabilities.
Misuse the Platform for unlawful purposes or solicit illegal activities.
5. Intellectual Property and Privacy:
You grant ePettyshop the right to use information you provide within legal boundaries. Respect others’ intellectual property and privacy rights.
6. Compliance with Policies:
You acknowledge that ePettyshop may update terms and policies, which will be effective upon publication on the Platform. Regularly review these updates.
7. Indemnity and Liability:
You agree to indemnify ePettyshop for any losses resulting from your breach of these terms. You confirm no pending legal actions hinder your obligations under this agreement.
8. Account Security:
You shall not transfer or assign your account without prior written consent from ePettyshop.
Disclaimers
Platform Functionality:
The ePettyshop Platform undergoes continuous upgrades, and certain features may not always be fully operational.
Due to the nature of electronic information distribution, delays, omissions, or inaccuracies in content may occur.
Financial and Legal Disclaimers:
We do not assume liability for unauthorized use of credit/debit cards.
ePettyshop disclaims all liability arising from any violations of applicable laws by Merchants.
Information Accuracy and Reliability:
Information provided on the Platform is offered "as is". We do not guarantee its timeliness, accuracy, or completeness.
We do not endorse or warrant the professional qualifications or quality of services described on the Platform.
Termination and Liability Limitation
Termination of Access:
ePettyshop reserves the right to terminate access or usage rights to the Platform without notice in case of User Agreement violations.
We may remove or delete violative content from the Platform and report such violations to relevant authorities as required by law.
No Endorsement of Merchants:
We do not endorse any Merchants or their products/services. Any issues arising from interactions with Merchants should be resolved directly with them.
Liability for actions or omissions of Merchants rests solely with the respective Merchant, not with ePettyshop.
Limitation of Liability:
In no event shall ePettyshop or its personnel be liable for any damages resulting from services provided by third parties or Merchants accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory.
Platform Operations:
We reserve the right to modify, suspend, or terminate Platform operations or access at any time without notice for maintenance, error correction, or other necessary changes.
Intellectual Property
Ownership and Rights:
ePettyshop owns or holds the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) rights to all intellectual property on the Platform. This includes the user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content, except content posted by Merchants.
Usage Rights:
Users may print or download extracts from the Platform for personal reference within their organization. Modifications to downloaded materials are prohibited, and users must not use graphics, illustrations, photographs, video, or audio separately from accompanying text.
Commercial Use:
No part of the materials on the Platform may be used for commercial purposes without obtaining a license from ePettyshop or its licensors. Any unauthorized use terminates the user's right to access the Platform.
Downloading Information
Information downloaded from the Platform is at the user's sole risk and without warranty from ePettyshop. It must be used strictly for personal, non-commercial purposes, without alteration or removal of ownership statements.
Payment
Payment Processing:
We utilize third-party service providers or payment gateways for processing all payments related to purchases from Merchants to Buyers.
The third-party service provider transfers the amount paid by the Buyer (after deducting transaction fees) to the Merchant's account within 2 working days after the Buyer receives the ordered goods/services.
Payment Facilities:
ePettyshop provides a Pay Facility through third-party service providers for automated collection and remittance services, including credit/debit cards, UPI, and mobile wallets.
The availability of payment mechanisms may change as per updates published on the third-party service provider's website.
Responsibility and Liability:
ePettyshop is not liable for any loss resulting from unauthorized transactions, payment issues, or transaction declines.
All payment transactions are subject to approval by the Buyer's issuing bank. Delayed authorization may impact delivery timelines, for which ePettyshop and the Merchant bear no responsibility.
Buyers must ensure that they use only their lawfully owned payment instruments. ePettyshop acts solely as a facilitator and does not assume liability for the products/services listed on the Platform.
Refunds:
Buyers entering into transactions through the Pay Facility enter a legally binding contract with the Merchant. Refunds, if applicable, are the Buyer's sole remedy for non-delivery within the agreed timeframe.
Refunds, when applicable, will be processed back to the same payment method used initially, or through methods available on the third-party payment gateway's website.
Refunds are made in Indian Rupees and may require alternate bank account details if the original bank does not support refunds.
Compliance with Laws:
Buyers and Merchants must comply with all applicable laws, including but not limited to the Foreign Exchange Management Act, Information Technology Act, and Prevention of Money Laundering Act, concerning their use of the payment facility.
Buyer's Arrangement with Issuing Bank:
Transactions via credit/debit cards or other payment instruments are governed by agreements between the Buyer and their issuing bank or payment instrument provider.
Third Party Links
Third Party Services:
ePettyshop may provide links to third-party websites, advertisements, and resources for the convenience of our visitors. We do not endorse or guarantee the content, services, or information provided by these third parties.
Any concerns regarding third-party services or resources should be directed to the respective service provider. You access and use these links at your own discretion, and ePettyshop assumes no responsibility for the outcomes of such interactions.
Limitation of Liability
Exclusion of Damages:
ePettyshop, its personnel, suppliers, service providers, and internal service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Platform, Pay Facility, or any services provided.
Our liability under all circumstances is limited to the amount of charges or fees, if any, paid by you to ePettyshop. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of information or communications on the Platform.
Indemnity for Non-compliance or Breach
Indemnification:
You agree to indemnify and hold harmless ePettyshop, its parent company, subsidiaries, personnel, affiliates, internal service providers, and their respective officers, directors, agents, and employees from any losses, liabilities, actions, claims, costs, damages, judgments, and expenses arising from your breach of the User Agreement or provision of untrue, inaccurate, misleading, outdated, or incomplete information.
Consent and Privacy Policy
Information Collection:
By using the Platform and providing your information, you consent to ePettyshop collecting and using your information as disclosed on the Platform and Pay Facility (if applicable). Your personal data will be handled in accordance with our Privacy Policy, incorporated herein by reference and governed by applicable laws.
Breach and Termination
Termination Clause:
ePettyshop reserves the right to take appropriate actions, including but not limited to cancellation of membership, deletion of accounts, limiting activities, suspending or terminating user accounts, and pursuing legal actions if:
You breach the User Agreement, additional terms, or policies incorporated therein by reference.
There is misuse of your account or the Pay Facility (if utilized).
We are unable to verify or authenticate your information.
Your actions may cause legal liabilities to ePettyshop, other users, or yourself.
Termination may occur without prior notice in response to law enforcement requests, technical issues, unforeseen events, or your own request.
All obligations and liabilities incurred before termination shall survive the termination of the User Agreement.
Confidentiality
Confidential Information:
You agree to keep confidential all communications and information exchanged between you and ePettyshop, including business transactions, unless expressly permitted otherwise in writing by ePettyshop.
ePettyshop may disclose confidential information to prospective or current investors, strategic partners, or service providers, excluding other users of the Platform.
This confidentiality obligation remains in effect even after termination of your user account or agreement with ePettyshop.
Severability
Validity of Provisions:
If any provision of the User Agreement or its application is deemed invalid or unenforceable under applicable law, it shall not affect the validity of the remaining provisions.
The invalid or unenforceable provision shall be replaced with a valid provision that best reflects the original intent.
Governing Law and Jurisdiction
Applicable Law and Dispute Resolution:
The User Agreement and related documents shall be governed by and construed in accordance with the laws of India.
Any dispute arising between you and ePettyshop regarding the Platform, Pay Facility, or related services shall first be referred to ePettyshop's senior management for conciliation.
Unresolved disputes shall be exclusively resolved by the courts in Namakkal, Tamilnadu and you consent to the jurisdiction of these courts.
